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CPM parking fine
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!!!!!! - Having just looked again through all of the photos online - the last picture shows something on the windscreen - Not clear that it is a ticket and was certainly not there when we returned to the vehilce. Does this mean that I would need to scrap the
majority of point 2 ?
I'll add this point on the end
6) Lack Of Signage
The lack of signage where the driver parked, fails to meet the requirements for signage in the BPA Code of Practice section 18 and Appendix B and also fails to have established beyond doubt that the driver saw any signs at all when parking in that place. CPM are put to strict proof with dated photographical evidence and contemporaneous, relevant and complete maps of this site to show the presence of abundant, clear signage which would be prominent, visible and close enough to be read from any parking place on site. Along with exact photos of the wording on those signs at that site in that week, not just stock photos.
Thanks0 -
!!!!!! - Having just looked again through all of the photos online - the last picture shows something on the windscreen - Not clear that it is a ticket and was certainly not there when we returned to the vehicle. Does this mean that I would need to scrap the majority of point 2 ?
Hmmm...on balance as the pics are not clear, I would LEAVE IT ALL IN!
Just check the Traffic Order question with the Council on Monday and if no joy there, just send it off, either electronically on the POPLA website if you've only been given the website addy, or by post, every page stating the 10 digit code and all securely stapled to a completed POPLA form if the PPC has given one to you.
If the Council say this is Council land/covered by an Order then post back here first!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Just thought i'd give you an update :
Unfortunately the PCN was issued on private land so I have sent off the appeal as it was to POPLA - Have received an email back with the date of the 'hearing'
So fingers crossed and i'll let you know how it turns out .
Whatever happens, thank you so much for all your time and help. It really is appreciated and its nice to know that there are people out that there that are willing to help when there is nothing to gain for themselves.
Cheers0 -
Let us know when you win, because you will!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Hi,
Just to let you know that I received my decision from POPLA yesterday and ..................... Won !!!!!!
Thanks so much again for all your help, I really do appreciate it. Here's the reply from POPLA if you can see it :
The Appellant appealed against liability for the parking charge.
The Assessor has considered the evidence of both parties and has
determined that the appeal be allowed.The Assessor’s reasons are as set out.The Operator should now cancel the parking charge notice forthwith.
The operator’s case is that the signage on site, which is displayed in closedecide the other issues raised by the appellant.
proximity to the appellant’s vehicle, clearly states ‘permits must be clearly
displayed in the windscreen at all times.’ The operator states that the notices
sent are compliant with the Protection of Freedoms Act as the creditor is
identified by the fact that correspondence is on company letter headed
paper. The operator additionally states that the charge is not a genuine pre
estimate of loss as the parking charge is a contractual term rather than an
amount sought by way of damages.
The appellant’s case is that a parking permit was displayed at the time of
parking and it was displayed next to the disabled badge on the dashboard.
The appellant states that if the driver entered into a contract, it could only
have been formed during the interval comprising parking and reading the
signs. The appellant notes that the operator has failed to comply with
Schedule 4 of the Protection of Freedoms Act 2012 and states that the
charge of £100 is not a genuine pre estimate of loss as it exceeds the loss to
the landowner. The appellant additionally states that no contract was formed
between the driver and the operator and the operator has failed to show
that they have the authority to issue parking charge notices to motorists
parked in breach of the terms and conditions.
Considering carefully all the evidence before me, although the operator
states that the amount sought is a contractual term and therefore does not
have to be a genuine pre estimate of loss, the wording on the signage states
‘unauthorised parking or parking a vehicle in an area of space that has not
been designated to you, may result in your vehicle being issued with a
parking charge notice.’ It is clear from this that breaching the specific
conditions stated may result in a parking charge notice and therefore it
appears that the amount sought is for those that are parked in breach of the
terms and conditions. This amount would appear to represent liquidated
damages which is compensation agreed in advance. This means that the
amount sought should represent the loss incurred. The operator has failed to
reference the loss incurred and therefore I have no evidence to dispute the
appellant’s claim that the charge is not a genuine pre estimate of the loss
incurred as a result of parking without a permit. As a result of this, I need not
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Well done KW101, as forecast by CM in post #45 :TPlease note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Nice result - I have added this thread to the POPLA Decisions sticky for all to see!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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