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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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      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.
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Single justice procedure notice


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Hello CAG

Can you help.

You have been very helpful to me in the past so i am wandering if you can help me with this situation.

I have received a SINGLE JUSTICE NOTICE PROCEDURE i has given me 21 day to fill out and return the forms that was 25 day ago.

yes i know i should have returned them but honestly i dont even open my post any more because it seem like there is somebody always chasing me for money..... to say the least i am feeling more and more stressed as time goes on and i have a "i dont care attitude" which i know is not healthy.

I phoned the relevant speeding department and have asked what can be done....Nothing can be done.

I was traveling at 37 mph and was court by : manned equipment

charge sheet

1: fail to give information relating to the identification of the driver

2: speeding - exceed 30 mph on restricted road - manned equipment

I haven't been working since Christmas as i closed my business down and i am living on a limited income....

Can you help...

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How come you are being persued both for speeding and failing to identify?

Usually it is one or the other. (If you don't identify the driver who was speeding, they can't prosecute the driver, but then go after the keeper for failing to identify).

You are going to be summonsed to court.

Attend. Plead guilty (unless you have a defence).

Ask if they will withdraw the failure to identify if you identify the driver and, (if it was you!) plead guilty to the speeding,

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What date was the speeding offence?

Dual charging may help you if you approach the CPS before Hearing and offer to plead Guilty (if true). to speeding if they drop the FTF charge.

I don't know how they can charge you with speeding if you did not name the driver, unless pulled over.

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“Dual charging” (with speeding and FtF) is perfectly normal in your circumstances and in fact, provided you were driving, is to your advantage.

The process is that the police

(or safety camera partnership)

cannot take action for speeding unless you nominate yourself (or somebody else) as the driver at the relevant time.

You failed to do so when asked and so you have committed the offence of “Failing to Provide Driver’s details. This known as a S172 offence (because it is covered by Section 172 of the Road Traffic Act).

From your description (that you simply ignored the request) you have no defence against that charge.

It carries a hefty fine (one and a half week’s net income), six points and insurance grief for probably five years.

(It is an endorsement that insurers really do not like and they load premiums considerably for those with it).

However,

you have been thrown a lifeline having been dual charged.

What you must do,

when you are summonsed,

is to attend court on the day required

and ask to see the prosecutor in your case.

You must then tell him/her that your personal circumstances were such that you could not deal with the S172 request (don’t elaborate unless asked) but that you will plead guilty to speeding provided the S172 charge is dropped.

There is no obligation for the prosecution to agree to this but they almost always do.

Things to remember:

- Do not under any circumstances plead guilty to either offence in advance of your hearing;

- Do not demand the deal – you have no right to it;

- Plead guilty to speeding only when you are sure the deal has been agreed.

(If you cannot see the prosecutor beforehand you can suggest the deal when you are called into court).

The situation you are in puts you on the back foot.

There is no evidence to convict you of speeding as they do not know who was driving.

But there is ample evidence (to which you have no defence) to convict you of the more serious S172 offence.

The “plea bargain” is your best option to minimise the damage

(which would have been the offer of a speed awareness course - if you had not done one in the past three years – if you had only dealt with the matter as soon as it arose).

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