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#Post#: 8459--------------------------------------------------
National Parking Enforcement LBA - Library Court, N17
DIR By: Fazzy
Date: October 26, 2023, 8:43 am
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Hi all,
I think I've dropped the ball on this one. It was a PCN received
by registered keeper in February which I posted about in MSE
forum. The appeal to NPE was rejected and for some reason I
didnt bother with IAS and ignored the subsequent letters with
the hope they wouldnt drag to court.
I've now received the Letter before action.
HTML https://jmp.sh/mTIQuKNX
Is there anything to be done at this stage or shall I accept
defeat? I don't have any of the past letters anymore.
Any advice would be appreciated. I am unable to login to MSE
currently - I'm not sure if forum is down but will keep trying
and post on the original post too.
Below is the link to MSE post (also copied below)
HTML https://forums.moneysavingexpert.com/discussion/6426367/national-parking-enforcement-ltd-n17-6qn
Hi all,
The registered keeper received this PCN for �not parked in a
marked parking bay� for 3 minutes 52 seconds.
Just a bit of background: a day after the Turkey/Syria
earthquake, the driver received an appeal of donations for the
victims that would be cargoed from ICMG- building adjacent to
where car is parked. The driver was confused and looking for an
entrance to the building and needed to stop there to figure out
where that was. Soon enough driver figured out that the car park
was the one next to this road and left. The driver saw one of
the parking signs but it wasn�t visible enough to be read from
the car and it looked like it was for the parking spots rather
than the road.
The IPS code of conduct states 10 minute grace period.
I just want to check that I should appeal (for purposes of court
proceeding in future) stating the grace period was not followed?
I will include the background story not stating who the driver
is. Any other advice on what to Else to include to make the
court stage easier would be appreciated. I will the await the
rejection and wait the 6 years &#128517;. Thank you all in
advance.
PCN pics:
HTML https://ibb.co/n1n61Tb
HTML https://ibb.co/Ny6px2p
Map view:
HTML https://maps.app.goo.gl/m8dLpJH5Z3ar6mNGA?g_st=ic
Google view pics of signage
HTML https://ibb.co/r3BXFdp
HTML https://ibb.co/m4HhnWt
IPC code of conduct:
13 Consideration and Grace Periods on Private Land
13.1 Motorists must be allowed a sufficient Consideration Period
so they may make
an informed decision as to whether or not to enter or remain on
the Private Land. If a Motorist chooses to reject the
opportunity by entering or remaining on the Private Land without
reading terms and conditions, they may be deemed to have
accepted them immediately.
13.2 Before a Parking Charge is issued Motorists must be allowed
a Grace Period save and except when 13.3 is applicable. A Grace
Period is a 10 minute period at the end of a Permitted Period of
Parking.
13.3 A Grace Period is not required when the Permitted Period of
Parking does not exceed 1 hour providing that the signage on the
site makes it clear to the Motorist, in a prominent font, that
no Grace Period applies on that land.
[attachment deleted by admin]
#Post#: 8499--------------------------------------------------
Re: National Parking Enforcement LBA - Library Court, N17
DIR By: DWMB2
Date: October 26, 2023, 4:11 pm
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--- Quote from: Fazzy link ---
>
> I think I've dropped the ball on this one. It was a PCN
received by registered keeper in February which I posted about
in MSE forum. The appeal to NPE was rejected and for some reason
I didnt bother with IAS and ignored the subsequent letters with
the hope they wouldnt drag to court.
>
--- End Quote ---
I don't think you have been particularly disadvantaged by not
appealing to the IAS - they're unlikely to have sided with you
anyway (they seldom do).
As CouponMad noted on your MSE thread, it's not the grace period
at the end of a parking session that matters here (as your
position is that the driver did not park), but rather the
consideration period. CouponMad is mistaken about the
consideration period being 5 minutes - it's 5 minutes in the BPA
code of practice, but no time is specified in the IPC code, only
that a 'sufficient' one must be offered. That said, neither Code
of Practice is law, and 3 minutes 52 seconds is clearly not
long. Your position here seems to be that the driver decided not
to accept the terms of parking on offer and left.
You would be wise to get some of your own photos of the site,
including entrance signs, any signage around where the vehicle
was parked, and some close-ups showing the terms and conditions.
The ones you've shown us from Google appear to be out of date,
it is a different parking company to the one who is pursuing
you.
With regards to the Letter Before Action - it would be wise to
respond to this. If you're planning to fight the charge in
court, then the response should briefly set out your reasons why
nothing is owed. If you're able to get the photos mentioned
above ASAP before responding, this would be ideal, as they may
give rise to further points of defence. Do feel free to share a
draft before sending anything.
#Post#: 8556--------------------------------------------------
Re: National Parking Enforcement LBA - Library Court, N17
DIR By: Fazzy
Date: October 27, 2023, 4:12 pm
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Thank you DWMB2. I have managed to revisit and take photos. I
hope they dont send me another "fine" but I parked in the bay
and drove out within 2 minutes.
Album :
HTML https://ibb.co/album/2WpXLS
HTML https://ibb.co/dQvzQ6G
HTML https://ibb.co/TK6wbVZ
HTML https://ibb.co/H2BTWg7
HTML https://ibb.co/jkJLhLp
HTML https://ibb.co/Gp95yxQ
HTML https://ibb.co/wyCJLM1
I will spend the weekend reading up on LBAs as I dont think I've
had to do one of these yet and then I will write up a draft for
consideration here. Thank you in advance for your help.
#Post#: 8557--------------------------------------------------
Re: National Parking Enforcement LBA - Library Court, N17
DIR By: DWMB2
Date: October 27, 2023, 4:40 pm
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Given they previously issued a charge for a stay of 3 mins 52
seconds, choosing to park there on your visit to acquire photos
seems rather unwise... You may well get another charge.
I'll take a proper look at the photos etc. Over the weekend.
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