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  • FIRST POST
    • tudor.popovici11
    • By tudor.popovici11 20th May 17, 1:27 AM
    • 22Posts
    • 21Thanks
    tudor.popovici11
    Britannia Parking PCN
    • #1
    • 20th May 17, 1:27 AM
    Britannia Parking PCN 20th May 17 at 1:27 AM
    Hi

    A driver dropped a friend at a residential area and got a PCN for £100 contravention.
    Date of alleged event 09/05, date NTK received 18/05.

    A £100 Parking Charge Notice from Britannia Parking for 'parking' a car on a private car park for 19 minutes.

    The car park mentioned I assume, according to the name of the street provided on the letter, it is a car park for a block of flats. To enter that car park you drive through a short alley. It doesn't say anywhere that you are entering a private car park, no gates, no nothing. Therefore no trespassing if you're visiting it or have entered by mistake. Straight no questions asked access from the main road.

    The photos provided on the letter are from an ANPR camera which clearly show the car in question on the alleyway entering and exiting the car park. One from the front, one from behind.

    There was no payment processed because the car was never parked.

    I've read a lot of forums and comments and opinions but unfortunately no one has been in a situation like this before. No one managed to get a parking ticket for not parking, not to my knowledge.

    Should they appeal? Should they ignore it (probably not from what I've read)? Should they sue them? Should theyr take them to court? Or should they let them take him/her to court as from what I've heard, they have to prove that the car was parked, which must be impossible unless they have some photoshop expert?

    If anyone decides to help and needs more information, please let me know and I shall ask the keeper to provide it.

    P.S.: there was no windscreen tickcet as there was no parking warden. So all they've got is two photos of the car coming in and out of the car park

    Regards
    Last edited by tudor.popovici11; 20-05-2017 at 10:17 AM.
Page 3
    • tudor.popovici11
    • By tudor.popovici11 1st Jul 17, 8:59 AM
    • 22 Posts
    • 21 Thanks
    tudor.popovici11
    Btw, none of this is my own work. I've only taken bits from different cases similar to mine and from the newbies page and put them together. So, many thanks to everyone who's provided all this content.
    • Coupon-mad
    • By Coupon-mad 2nd Jul 17, 4:12 PM
    • 48,302 Posts
    • 61,781 Thanks
    Coupon-mad
    Things to remove as they are irrelevant are:

    If they are not met, then the contract would be deemed “unfair” under the Unfair Terms in Consumer Contract Regulations 1999.
    To point #4 I would add this at the end after where you talk about the Jopson case:

    The car park mentioned I assume, according to the name of the street provided on the letter, it is a car park for a block of flats. To enter that car park you drive through a short alley. It doesn't say anywhere that you are entering a private car park, no gates. Straight 'no questions asked' access from the main road, no entrance signs at all.

    The car was merely involved in dropping off a passenger and unloading - this is not the same as parking, as shown in the Jopson case (transcript attached). The Judge in Jopson defined 'parking' in detail and excluded minor actions such as dropping off passengers, delivering, and unloading. POPLA please note, this case was heard by a Senior Circuit Judge, on Appeal, therefore it DOES have persuasive influence over County court decisions, is relevant and since it was about 'unloading' over a short period in a residential/flats car park, is on all fours with my appeal case.
    The only thing I think you need to add is a first point, as #1, pointing out that the PCN posted fails to comply with the POFA Schedule 4. State why, like this:

    http://forums.moneysavingexpert.com/showthread.php?p=72366967#post72366967

    I would upload the Jopson transcript (from the Parking Prankster's case law) as evidence on the POPLA website, along with your PDF appeal uploaded as an attachment - make sure the little 'bin' icon appears for each upload.

    HTH
    Last edited by Coupon-mad; 02-07-2017 at 4:16 PM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • tudor.popovici11
    • By tudor.popovici11 2nd Jul 17, 10:00 PM
    • 22 Posts
    • 21 Thanks
    tudor.popovici11
    Awesome! Thanks for your help.

    Also, the photos that I've taken and the websites that appear in the text. Do I put everything in a sort of an Appendix at the end of the document or do I just insert it in the text in between paragraphs?
    • tudor.popovici11
    • By tudor.popovici11 2nd Jul 17, 10:35 PM
    • 22 Posts
    • 21 Thanks
    tudor.popovici11
    And do you think #3 Grace periods unclear and not properly applied from the case you just mentioned http://forums.moneysavingexpert.com/showthread.php?p=72366967#post72366967 applies in my case?
    • Coupon-mad
    • By Coupon-mad 2nd Jul 17, 11:34 PM
    • 48,302 Posts
    • 61,781 Thanks
    Coupon-mad
    Yes, throw the kitchen sink at it. Britannia will back-pedal faster than a trick cyclist!
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • tudor.popovici11
    • By tudor.popovici11 3rd Jul 17, 12:00 AM
    • 22 Posts
    • 21 Thanks
    tudor.popovici11
    Hahaha good one. I'll throw at them everything I can grab.

    I will include that bit in my appeal as well, adapted, of course.

    Many thanks.
    • tudor.popovici11
    • By tudor.popovici11 10th Jul 17, 5:44 PM
    • 22 Posts
    • 21 Thanks
    tudor.popovici11
    I forgot to mention that I have submitted the popla appeal and am now waiting for a response, as soon as I have one I will post it. Thanks again for your help.
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