Parking Fine Park direct uxbridge active for less car park

Flower_123

Hi I received a letter from Park direct requesting I pay £60 the driver got out of the car checked the signs and left. A photo was taken under 2 minutes apart. I have read the successful POPLA appeal tread for the same car park and understand all the points and the circumstances were similar. I have a draft of what I am planning to send Park Direct but was wondering if I should include more detail or save this for POPLA. Thanks for your time!


I challenge this 'PCN' as keeper of the car, on these main grounds:

• The sum is disproportionate, does not represent a genuine pre-estimate of loss, nor is it a core price term.
• The sum is extravagant and unconscionable and cannot be justified.
• There is no evidence that you have any interest in the land.
• Your 'Notice' fails to comply with the POFA so there can be no keeper liability.
• Inadequate , unclear & non compliant sign so there is no contract to pay this charge, which is a penalty.
• Grace period insufficient despite BPA CoP
  
  Formal challenge
  There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 or cancel the charge. I will only appeal further if you offer POPLA, the only independent ADR with a scrutiny panel and trained Assessors. The 'IAS' offered by IPC firms will not be used, for well-documented reasons.
  
  ''Drop hands'' offer
  The charge is baseless but I realise that you may have nominal postage costs. Equally, I have incurred costs for responding to your junk mail dressed up to mimic a parking ticket. It is clear that my costs and yours, at this point, do not exceed £15 so this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days and I will not pursue you for my costs.
  
  Breach of CCRs
  I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered nor expressly agreed. This 'contract' is cancelled and any obligations now end.
  
  
  I have kept proof of submission of this appeal and look forward to your reply.
  
  Yours faithfully

Redx

the template goes to the PPC

save your ammunition for popla

Flower_123

Thanks I was just checking. I added this:


Grace period insufficient despite BPA CoP


is it ok to keep here? the photos were less than 2 mins apart


Thanks

Redx

thats fine as long as you dont identify who was driving, using their photos and evidence against them

perhaps an email complaint to the BPA will be a good idea too, with copies of the paperwork and stating the same fact, ie:- no "grace period" offered

hoohoo

Is this ANPR or windscreen ticket?

Either way, I would suggest a simple appeal at this stage

Dear Operator,

The driver checked your terms and conditions, decided not to accept them and left immediately. Please cancel the charge or provide a POPLA code

Flower_123

Its believed a man took a photo with his mobile phone...

Guys_Dad

Please do the following:-

Go here http://popla.org.uk/

• You will find a link to the 2015 Annual report from the chief adjudicator.
  
• Follow the link
  
• On page 18 you will find a section on Grace Periods that mirror your situation.
  
• Please refer to this and incorporate as the first point in your appeal, pointing out where the extract came from.
  
• You can either include it with your initial appeal to the PPC or wait for your POPLA appeal. In any event, you should tell the PPC that you were following BPA guidelines and reading the sign before decideing not to park.

In fact, this need only be a single point appeal !

Flower_123

Thanks guys!


Is this ok or should I expand all points and complain to BPA attaching my complaint to this?




I challenge this 'PCN' as keeper of the car, on these main grounds:

a). Grace period insufficient despite BPA CoP


POPLA Annual report 2015, Report of the Lead Adjudicator states:





BPA Code of Practice provides:


Paragraph 13 of the BPA Code of Practice provides:


13.1 Your approach to parking management must allow a driver who enters


your car park but decides not to park, to leave the car park within a reasonable


period without having their vehicle issued with a parking charge notice.


13.2 You should allow the driver a reasonable ‘grace period’ in which to decide


if they are going to stay or go. If the driver is on your land without permission you


should still allow them a grace period to read your signs and leave before you


take enforcement action.


13.3 You should be prepared to tell us the specific grace period at a site if our


compliance team or our agents ask what it is.


13.4 You should allow the driver a reasonable period to leave the private car


park after the parking contract has ended, before you take enforcement


action.


The driver of the vehicle was in the car park for a total of 1 minute 20 seconds, this does not allow a reasonable grace period for the driver to notice a sign while driving, find a space, stop, read the sign and make a decision to leave. The driver was following BPA guidelines and reading the sign before deciding not to park.


b). Inadequate , unclear & non compliant sign so there is no contract to pay this charge, which is a penalty.




c).The sum is disproportionate, does not represent a genuine pre-estimate of loss, nor is it a core price term.


d). The sum is extravagant and unconscionable and cannot be justified.


e).There is no evidence that you have any interest in the land.


f).Your 'Notice' fails to comply with the POFA so there can be no keeper liability.




Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 or cancel the charge. I will only appeal further if you offer POPLA, the only independent ADR with a scrutiny panel and trained Assessors. The 'IAS' offered by IPC firms will not be used, for well-documented reasons.

''Drop hands'' offer
The charge is baseless but I realise that you may have nominal postage costs. Equally, I have incurred costs for responding to your junk mail dressed up to mimic a parking ticket. It is clear that my costs and yours, at this point, do not exceed £15 so this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days and I will not pursue you for my costs.

Breach of CCRs
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered nor expressly agreed. This 'contract' is cancelled and any obligations now end.


I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully

Guys_Dad

I would precede the first line of point 1 by saying that "You have not followed the BPA Code of practice in giving the driver sufficient time to read a sign and decide if they wished to stay. The photograph taken was whilst the driver was reading the t&c of the car park and after reading the sign, he decided not to park and left within a 3 minute period.

I refer you to The BPA Code of Practice which states................" then paste the relevant part. Follow that with "Furthermore, the POPLA Chief Adjudicator has commented on page 18 of his 2015 annual report on Grace Periods and it seems self evident to me that this charge falls foul of the BPA guidance on grace periods and the way in which POPLA will view the appeal.

Then bring in your drop hands section, followed by the rest.

Flower_123

Hi thanks for your help.


I am now at the POPLA stage. I was wondering what I needed to attach to POPLA. I complained to BPA and then sent me an email back defending Park Direct, do I attach this? Also as they have inadequate signage should I go back and take a photo of the sign. I'm assuming I also attach the letters I received form Park Direct as they don't include the correct wording and were not send in the correct timescales?


Thanks!

Redx

popla stopped taking appeals 10 days ago !

you need to register your popla code (check its valid on parking cowboys website) on the popla website

then you will be contacted about appealing to the Ombudsman Service sometime in the next few weeks, with details on how to proceed