parking fine - no stopping area

iravat

I received a parking fine from Park Watch for stopping in a no stopping area as I was dropping off a colleague at the One stop Shopping Centre in Perry Barr Birmingham. Its an area used by taxis to drop and pick up so I had assumed it would be ok. The signage is not as clear as they make out and the double red lines had been painted over the old double yellows, with one of the red lines pretty much non existent anymore.
I received the letter by post with 2 pictures of my vehicle,no time stamps on either.
Is there a case to appeal the ridiculous £60 fine?

Herzlos

All of the usual points from the newbies thread, plus the fact that you didn't park. Stopping to drop off a passenger isn't parking.

ampersand

'I received a parking fine' - no you didn't. You received a speculative invoice.
PPCs can't issue 'fines'.

Read steadily through all the newbie stickies, always kept up to date by the author.

You need to go through every thing there several times. Learn to use the Search box for more help then post any draft letter here for a critique.

You have plenty of ammunition - read and digest first.
They are still in the bpa -
http://www.britishparking.co.uk/approved-operators

-so your 1st rebuttal/challenge, is a fishing exercise for a valid POPLA ref.

Let us check any draft appeal you put together at that time.

iravat

After reading through the newbie sticky do i send the appeal with the following?

Re: PCN No. XXXXXXXXXX

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

a). The sum is disproportionate, does not represent a genuine pre-estimate of loss, nor is it a core price term.
b) The sum is extravagant and unconscionable and cannot be justified.
c). There is no evidence that you have any interest in the land. I will complain to the landowner about your aggressive ticketing.
d). I believe that the signs were not seen/are ambiguous and the predominant purpose is to deter so there is no contract to pay this charge, which is a penalty.

Is that sufficient for now or do i need to add more?
Also, are they allowed to issue a "fine" for stopping in a no stopping area or is that only enforceable by the police?

Apologies for my ignorance

Grimble

Add stopping to let someone out is not parking, and stop calling it a fine you have been told once it is a speculative invoice, perhaps a bit more reading.

peter_the_piper

Calling it a "fine" makes the charge seem official instead of just a company saying they want some of your cash, that's why people on here dislike the word in this context.

Herzlos

iravat wrote: »

After reading through the newbie sticky do i send the appeal with the following?

Re: PCN No. XXXXXXXXXX

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

a). The sum is disproportionate, does not represent a genuine pre-estimate of loss, nor is it a core price term.
b) The sum is extravagant and unconscionable and cannot be justified.
c). There is no evidence that you have any interest in the land. I will complain to the landowner about your aggressive ticketing.
d). I believe that the signs were not seen/are ambiguous and the predominant purpose is to deter so there is no contract to pay this charge, which is a penalty.

Is that sufficient for now or do i need to add more?
Also, are they allowed to issue a "fine" for stopping in a no stopping area or is that only enforceable by the police?

Apologies for my ignorance

Add as your first point "a) At no point was the vehicle parked"

iravat

After going to the area in question, the sign which states cars possibly receiving fines refers to cars entering the buses only area.

Half_way

does the sign say fine?

enfield_freddy

yup wrfite back to them thanking them for commenting that your parking was fine!


then point them to page 10 of the BPA code of practice that states that you should be given a few minutes grace whilst you read , digest and accept the offer on there signs . see here (page 10) http://www.britishparking.co.uk/write/bpa_code_of_practice_2012_version_1_october_2012.pdf




and remember , its not a fine

iravat

The sign reads as below:

Access Notice
Bus Access Only
No unauthorised access at any time
Contractual Agreement
This land is private property and is managed by park watch
If you enter this area contravening the above terms and conditions
you are contractually agreeing to pay a parking charge to the sum
of £100 (or the reduced sum of £60 if the payment is made within
14 days) should the parking charge remain unpaid you will incur
additional costs as a result of further action taken against you

Vehicles will be captured on camera
The details of the registered owner may be acquired from the DVLA
The registered owner will then be notified by post of the issue of this parking charge

Do not enter this area unless you
agree to the above contractual
charges


I went back another time to get the above info. And as i did i found the notice regarding no stopping, which is adequately placed facing the opposite direction and on the corner of the roundabout! So in order to read this sign you would either have to stop and block the entrance of the roundabout or stop, exit your vehicle and go back to the sign.
This sign reads as below:

ALL VEHICLES
NO STOPPING AT ANY TIME
TAXIS, VEHICLES LOADING & UNLOADING

£100 Parking Charge
Reducing to £60 if paid within 14 days
Credit card charges apply

Parking charges which are not paid within the given period will be passed to
our debt recovery agent where you may incur additional charges.
Registered keeper details may be requested from the DVLA

Parking Is At Your Own Risk