PE - Lost Appeal - Inadequate signage

Jac2500

I have been informed that I have lost my appeal. Without revealing too many details, I appealed on the grounds that the sign at the entrance was obscured by tree branches and poor light. The incident took place at night. I provided a photograph of the sign in question. The basis of the POPLA decision was as follows:

"The Appellant has provided photographs of the land at night, and show that tree branches are obstructing on such sign. I also note, that even with the branches, it is clear that a sign is in place. Furthermore, the lighting on the land, coupled with the headlamps from a vehicle would have made the signs very apparent. Consequently, on the balance of probabilities, I find that the Operator has demonstrated that it took reasonable steps to bring the terms of parking to the attention of the Appellant."

Apart from the fact it is not clear who the sign belongs too, they have simply ignored the fact the sign is obscured by branches. It does not matter how much light there is, headlamps or otherwise, you cannot see the sign at the entrance.

Any help would be appreciated on next steps.

Hovite_2

Too late now - you should have used the many examples of winning appeals to POPLA on here.

You need to wait and see what PE's next action is. If you get a Letter Before Action or court papers then come back for advice.

Coupon-mad

What a shame you didn't ask earlier. That was a dangerous strategy to rely on a signage point when you could simply have used the usual POPLA winning points shown all the time in the POPLA decisions thread at the top. PE are beaten every single time on this forum right now, on the basis 'the charge was not a genuine pre-estimate of loss'. It was all you needed, among other good points about their contract with the landowner etc.

I would IMMEDIATELY complain to the landowner/store manager if you were there on legit business (or was it not a customer/retail/leisure outlet?). If you were a customer of an on-site business rattle their cage to cancel this charge URGENTLY because the next step will be you'll get a LBCCC (to understand that and how to respond to it, see the 'LBCCC fightback' sticky thread, also near the top).

It wasn't a Newquay beach car park was it? Did PE's evidence (not yours) include photos in daylight, or at night?

The_Slithy_Tove

Next steps:
1. Don't pay.
2. Prepare yourself for a barage of c**p from PE, which you ignore, unless it's a Letter Before Claim or an actual Court Claim, at which point you MUST take action to defend
3. Read up on what does win at POPLA, so you can learn for next time (Genuine Pre-Estimate of Loss is always a winner).

Would be good to see exactly what your appeal said, and what POPLA said, so we can all learn.

Jac2500

The above is what the POPLA said.

The incident was at an A&E but I an aware of the issues surrounding pleading mitigating circumstances.

Computersaysno

Did you admit you were the driver??

Coupon-mad

Complain if you were a customer of anywhere on site and do it NOW. Get them to cancel this (no need to mention POPLA, just say you are feeling harassed and this was an unfair ticket, you were a customer, etc.).

Computersaysno wrote: »

Did you admit you were the driver??

Good point.