You have quoted the BPA Code of Practice (CoP) but PCM are not BPA members, they are IPC members.
It would not really matter though. CPM will reject any appeal, no matter which AoS the belonged to. As there is now a new joint CoP with both the BPA and the IPC, there is already a breach noticed. The photos used in the Notice to Keeper (NtK) have been digitally altered or cropped which is a breach of the new CoP section 7.4 because the image on the NtK does not have a time-stamp as required in 7.3(b).
The only problem is that had PCM been BPA AoS members, the keeper could appeal to POPLA. However, as they are IPC members the keeper can only appeal to the IAS and successful appeals to the IAS are as rare as hens teeth.
The fact that the driver was loading/unloading is a very good defence, amongst other things, but will only succeed if the case ever gets in front of a judge, who is the only truly independent arbiter. Jopson v Homeguard is the relevant persuasive case that applies.
Good luck with the appeal but my crystal balls are telling me that your appeal will be rejected at this stage.
What we don't know at this stage, was the driver just picking up the cargo or does the driver actually live there too?
Thanks for the reply. The pictures help the driver in that they show the car leaving with wardrobe panels on the roof. Do you think the uncropped pictures are available on their website if one goes to pay the fine? Would it be okay to do that to see the pictures (and would that nullify the argument that you posed) or will accessing the online ticket start an irreversible process?
The resident who the driver was collecting from is trying to contact the estate's parking management team to get the ticket cancelled, as they have been successful doing that in the past. Their contact is on holiday until Monday, so they have been pointed to UKCPM to try and get it cancelled directly.
The notice says that the discounted rate applies "if this Parking Charge Notice is paid within 14 days from the Issued Date". The letter was dated 2nd July 2024, but was delivered through the postbox on 9th July 2024. So half of that period has already passed. If the timer for the discount starts from the day after the notice date, then the residents contact in the estate's parking team should be back in time to get it cancelled if there is no luck via UKCPM.
With that aside, there may be a grace period of 10 minutes according to the resident, but there was no parking that took place. The notice says they were there for 11 minutes, with entry at 15:54 (no seconds mentioned) and exit at 16:05 (no seconds mentioned). As the seconds were not mentioned, it could have been between a few seconds or a full minute over the 10 minutes.
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