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    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other!
    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
    • Regarding a driver, that HAS paid for parking but input an incorrect Vehicle Registration Number.   This is an easy mistake to make, especially if a driver has access to more than one vehicle. First of all, upon receiving an NTK/PCN it is important to check that the Notice fully complies with PoFA 2012 Schedule 4 before deciding how to respond of course. The general advice is NOT to appeal to the Private Parking Company as, for example, you may identify yourself as driver and in certain circumstances that could harm your defence at a later stage. However, after following a recent thread on this subject, I have come to the conclusion that, in the case of inputting an incorrect Vehicle Registration Number, which is covered by “de minimis” it may actually HARM your defence at a later stage if you have not appealed to the PPC at the first appeal stage and explained that you DID pay for parking and CAN provide proof of parking, it was just that an incorrect VRN was input in error. Now, we all know that the BPA Code of Practice are guidelines from one bunch of charlatans for another bunch of charlatans to follow, but my thoughts are that there could be problems in court if a judge decides that a motorist has not followed these guidelines and has not made an appeal at the first appeal stage, therefore attempting to resolve the situation before it reaches court. From BPA Code of Practice: Section 17:  Keying Errors B) Major Keying Errors Examples of a major keying error could include: • Motorist entered their spouse’s car registration • Motorist entered something completely unrelated to their registration • Motorist made multiple keying errors (beyond one character being entered incorrectly) • Motorist has only entered a small part of their VRM, for example the first three digits In these instances we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event or that the motorist attempted to enter their VRM or were a legitimate user of the car park (eg a hospital patient or a patron of a restaurant). It is appreciated that in issuing a PCN in these instances, the operator will have incurred charges including but not limited to the DVLA fee and other processing costs therefore we believe that it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified before reverting to the charge amount at the point of appeal. Now, we know that the "modest charge" is unenforceable in law, however, it would be up to the individual if they wanted to pay and make the problem go away or in fact if they wanted to contest the issue in court. If the motorist DOES appeal to the PPC explaining the error and the PPC rejects the appeal and the appeal fails, the motorist can use that in his favour at court.   Defence: "I entered the wrong VRN by mistake Judge, I explained this and I also submitted proof of payment for the relevant parking period in my appeal but the PPC wouldn't accept that"   If the motorist DOES NOT appeal to the PPC in the first instance the judge may well use that as a reason to dismiss the case in the claimant's favour because they may decide that they had the opportunity to resolve the matter at a much earlier stage in the proceedings. It is my humble opinion that a motorist, having paid and having proof of payment but entering the wrong VRN, should make an appeal at the first appeal stage in order to prevent problems at a later stage. In this instance, I think there is nothing to be gained by concealing the identity of the driver, especially if at a later stage, perhaps in court, it is said: “I (the driver) entered the wrong VRN.” Whether you agree or not, it is up to the individual to decide …. but worth thinking about. Any feedback, especially if you can prove to the contrary, gratefully received.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Problems with your Vet? - Useful Information


Undercover-Elsa
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I'm so pleased we've finally got our new long awaited Pets and Vets Forum! (Thanks to The Chez for the suggestion)

To save repeated queries and as a point of reference I thought it might be a good idea to provide some general guidelines and hopefully useful information.

I'm sure others will agree that the golden rule is to always consult a qualified vet if you have any serious problems with your pets.

Any advice given on here is from experience only and obviously even a vet posting would usually need to examine the animal before making a full diagnosis.

 

However, if you have a problem with your vet, whether it's about treatment, alleged malpractice or fee disputes, the first priority is the welfare of the animal concerned so do see another vet for a second opinion (a "parachute practice" :) ).

If you still feel you have a problem, you should initially discuss it with the Senior Partner in the practice.

If you are still not satisfied, ask for a copy of their complaints proceedure and make a written complaint.

The next step depends on the nature of the complaint.

The Royal College of Vetinary Surgeons only deals with complaints of

Serious Professional Misconduct

"A complaint may be referred to the RCVS Disciplinary Committee where the veterinary

surgeon’s alleged conduct or behaviour is fundamentally incompatible with his or her

being a veterinary surgeon and this may involve any of the following (the list is not exhaustive):

a) Serious departure from professional standards as set out in the RCVS Guide to Professional Conductb) Causing serious harm (or causing a risk of serious harm) to animals or the public, particularly where there is a breach of trust

c) Offences of a sexual nature

d) Offences involving violence and/or loss of human life

e) Evidence of a harmful deep-seated personality or attitude problem

f) Dishonesty (including false certification), particularly where persistent or concealed"

If your complaint falls into the serious categories above, you can download the RCVS's complaint form HERE. 

 

Other Disputes

More often, disputes will be about fees or alleged negligence, in which case they must be taken up directly with the Vet concerned (who will have professional negligence indemnity insurance) and if necessary through the Courts.

 

What Constitutes Negligence?

Check out the RCVS's guidelines

 

Fees

The RCVS issues guidance, but has no jurisdiction over fees charged by your vet.

When you have your first consultation, if a course of treatment is needed your vet should give you clear advice on treatment options and the relevant costs involved.

Fee disputes must be resolved between the client and the vet in the civil courts, but if you feel there is significant cause for concern that fees are unfair or have not been disclosed prior to receiving your final bill, seek advice from your local Trading Standards Office.

Fees can vary significantly between practices so it's worth shopping around, although my first choice would be for a good, sympathetic and knowledeable vet!

RCVS guidance on precription charges

RCVS guidance on Professional Fees

 

At the end of the day, good animal husbandry, general care and common sense can reduce the chance of needing a vet's services significantly. Many problems can be averted if spotted early enough, which is where I hope this forum will come into it's own :-)

 

Elsa xx

 

 

 

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