Anyone got any advice to challenge this pile of horse 💩
Happened at Bradford on Avon health centre. It’s actually inside the Bradford on Avon train station car park.
Any help on challenging this gratefully received.
it would appear the car was parked in the space marked with the black circle for 2 mins.
2 minutes is not generally regarded as a sufficient time to establish contract.
It can therefore reasonably be argued that:
This falls within a consideration period
No acceptance of terms occurred
Therefore no contract was formed, and no charge is due?
Yes, neither the parking company nor the IAS are likely to agree, but it should be a decent argument should a court claim result.
No harm in trying to beef your argument up somewhat - are you close enough to be able to acquire photos of the signage at the site?
I am. I can head over there on the weekend.
I was actually stopping to load a suitcase into the boot of the vehicle. Is it worth citing the Jopson v Homeguard case.
This was a temporary stop for assisted loading, not parking.
This distinction is well established in case law. In Jopson v Homeguard Services Ltd
Or should I just keep to 2 mins isn't sufficient time to establish a contract?
Although maybe park elsewhere if travelling by car
"It’s actually inside the Bradford on Avon train station car park."
Bylaw controlled land,?
Is this a follow up to a ticket on the windscreen. ANPR NTKs generally have an entry and exit image, a single image like that suggests a foot patrol. If so the 2 minutes may be an observation rather than parking duration.
The latest joint code does allow zero length consideration periods in specific situations like no stopping zones, although it would be interesting to see how a PPC argues a valid contract was formed regardless of the CoP.
This wasn;t a ticket on the windscreen, it was a genuine 2 minute stop before moving on. no ticket person in sight. the area isn't specified as a no stopping zone. For anyone outside of the area, the land looks to be part of the train station facilities
If so the 2 minutes may be an observation rather than parking duration.
I don't think that would change the argument - on the face of it an observation period of 2 minutes is not long enough to ascertain or demonstrate that the vehicle was parked for long enough for a contract to be formed.
Although if I were a betting man I'd wager the image on the PCN comes from CCTV footage, NPM often use CCTV to enforce.
It has all the hallmarks of a fly-trap site being located right next to the railway station car park plus very limited parking for the health centre.
Probably has specific monitoring via higher quality CCTV which is why they can zoom in far on the vehicle VRM.
If they've invested heavily in enforcement, the parking operator will tend to ignore the exact Code of Conduct rules on consideration periods - we see this time and time again.
At appeal the parking operator will argue that loading is parking regardless of Jopson - they will simply see a 2 min stop as a monetary opportunity.
It would be helpful to find out if the health centre is built on railway land in order to rebut PoFA but I'd be surprised if it was.
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