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  • FIRST POST
    • elkestro
    • By elkestro 9th Jul 17, 2:57 PM
    • 2Posts
    • 0Thanks
    elkestro
    Fighting PPC after identify driver...
    • #1
    • 9th Jul 17, 2:57 PM
    Fighting PPC after identify driver... 9th Jul 17 at 2:57 PM
    Are all defences against PPC's based on not identify the driver?

    I have foolishly admitted driving to Parkingeye.. is all hope lost?

    There are grounds of poor signage, but that is about all, apart from the fact that the charge is unfair, and ParkingEye are pure evil.

    I parked for 11 minutes at Starbucks, Chiverton Cross cornwall for 11 minutes. Pulled into carpark (along with sister who was meeting us in her car and who is facing the same) to find starbucks closed. googled around for 10 minutes trying to find a coffee shop open on a sunday evening, gave up and left.

    a week later we both recieved NTKs / PCN for £100 from Parkingeye for using the carpark beyond the maximum time of 0h and 0m.

    The car park entrance states parking limited to 2hours. The signage once in the carpark is 10ft up on poles, and states the permitted hours and "no parking outside this time" but you have to enter the carpark to read it.

    i have complained to Starbucks but they said its not their land. I have appealed to Parking eye on the grounds that you cant read the no parking sign till you are already in the car park. They sent an email stating my appeal was unsuccessful.

    next step POPLA?

    any guidance appreciated!
Page 1
    • Quentin
    • By Quentin 9th Jul 17, 3:09 PM
    • 32,126 Posts
    • 16,208 Thanks
    Quentin
    • #2
    • 9th Jul 17, 3:09 PM
    • #2
    • 9th Jul 17, 3:09 PM
    Yes popla next.

    Read up in the newbies FAQ thread near the top of the forum on constructing a popla appeal and put it up here for comments
    • Redx
    • By Redx 9th Jul 17, 3:09 PM
    • 14,790 Posts
    • 18,604 Thanks
    Redx
    • #3
    • 9th Jul 17, 3:09 PM
    • #3
    • 9th Jul 17, 3:09 PM
    read post #3 of the NEWBIES sticky thread and draft a popla appeal to suit

    a driver appeal can be made , but POFA2012 goes out of the window , as does NTK issues etc

    so the appeal is made on stuff like

    NO VALID CURRENT LANDHOLDER CONTRACT
    POOR AND INADEQUATE SIGNAGE
    BPA CoP failures
    Not the same as BEAVIS

    etc
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • elkestro
    • By elkestro 9th Jul 17, 3:29 PM
    • 2 Posts
    • 0 Thanks
    elkestro
    • #4
    • 9th Jul 17, 3:29 PM
    • #4
    • 9th Jul 17, 3:29 PM
    Thanks for the quick responses.

    I have read most of the newbies thread.. eyes started going crossed after a while.. hence my question about appealing after identifying myself. Ill get to work on the POPLA wording..
    Thanks
    • Quentin
    • By Quentin 9th Jul 17, 3:40 PM
    • 32,126 Posts
    • 16,208 Thanks
    Quentin
    • #5
    • 9th Jul 17, 3:40 PM
    • #5
    • 9th Jul 17, 3:40 PM
    Don't try and take it all in at one sitting.
    • Coupon-mad
    • By Coupon-mad 9th Jul 17, 7:08 PM
    • 48,322 Posts
    • 61,787 Thanks
    Coupon-mad
    • #6
    • 9th Jul 17, 7:08 PM
    • #6
    • 9th Jul 17, 7:08 PM
    are all defences against PPC's based on not identify the driver?
    No, of course not, there are loads of threads here every day and we always see people like you.

    Your main points will be lack of a Grace Periods (BPA CoP and Kelvin Reynolds words, search the forum), and 'unclear signs' for which you have to spend 10 minutes reading and going to the stores to try the door/read the opening times and work out that in fact, they are closed.

    And you could bung into the usual 'no landowner authority' point, a couple of lines saying that PE have not evidenced that they can operate two different regimes (one offering two hours free, and one disallowing parking). State that any landowner witness statement will no doubt fail to set out the opening times, what they are, and when enforcement can take place, let alone the date/time and VRN of the car involved in this instance. No definition of the enforcement regulations has been demonstrated, and no evidence that this is the landowner's authorised intent.
    Last edited by Coupon-mad; 09-07-2017 at 7:15 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.

    • The Deep
    • By The Deep 9th Jul 17, 7:14 PM
    • 6,700 Posts
    • 5,700 Thanks
    The Deep
    • #7
    • 9th Jul 17, 7:14 PM
    • #7
    • 9th Jul 17, 7:14 PM
    Hang on, you are allowed 11 minutes to read the signs. As they are 10 feet above the ground, how long did it take you, did you have to find a ladder?
    You never know how far you can go until you go too far.
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