parking fine - no stopping area

The_Slithy_Tove

iravat wrote: »

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

Much wrong here. For a start, the signage is a nonsense. You cannot contracturally agree to do something that is forbidden (entering if unauthorised). All they can allege is trespass, which is up to the landowner to seek recompense over.

But worse, they are trying to impose a parking charge for what, on the public highway, would be a moving traffic offence, e.g. passing a No Entry sign or No Vehicles sign. This will be a breach of Park Watch's KADOE agreement with the DVLA, and almost certainly a DPA breach (they are using the keeper details for something other than what they obtained them for). Worthy of lots of complaints. Other PPCs have been stamped on for trying such stunts, e.g. enforcing No Entry or No Right Turn conditions in private car parks.

What's more, as it is clearly not a parking event, the Protection of Freedoms Act cannot possibly be in play, so no keeper liability.

DollyDee_2

See Post #1674 in the POPLA Decisions sticky:)

Page 84

DollyDee_2

https://forums.moneysavingexpert.com/discussion/5065975

That is a link to Bezzy's thread (I hope) but it does date back to September 2014 so might need tweaking.

iravat

Received the following reply from Park Watch:

Thank you for your appeal letter regarding the issue of the above parking charge notice.

After reviewing the information provided within your appeal letter and the photographic evidence that was taken in support of the issued PCN, and although we have taken into consideration the mitigation that you have provided we have decided that the parking charge was correctly issued for failing to comply with the parking conditions at the One Stop Shopping Centre. There are signs clearly stating that vehicles should not park or stop in this area. !Your vehicle was stationed within this yellow hatched no parking / no stopping area for in excess of 6 minutes!between the times of 06.31 and!06.38.

You now have a number of options;

!1.!Pay the Parking Charge Notice at the prevailing price of £60.00 within 14 days. Please note !!that after this time the Parking Charge Notice will rise to £100.00

2.! Make an appeal to POPLA – The Independent Appeals Service at popla.org.uk. Please be !!advised that if you opt for independent arbitration of your case, the Parking Charge !!!Notice will increase to !£100.00 should the case be in our favour. !Please quote verification !!number!##########!!Note: you !have 28 days in which to appeal to POPLA from the date of !!this letter.

If you choose to ignore this letter we will seek to recover the monies owed to us via our debt !recovery procedures and may proceed with Court action against you.

Yours Sincerely

Appeals Coordinator

enfield_freddy

are they running out of ink , they seem to have missed a line


2.! Make an appeal to POPLA – The Independent Appeals Service at popla.org.uk. Please be !!advised that if you opt for independent arbitration of your case, the Parking Charge !!!Notice will increase to !£100.00 should the case be in our favour. !Please quote verification !!number!##########!!Note: you !have 28 days in which to appeal to POPLA from the date of !!this letter.


2B if you win at POPLA due to us making a !!!! up you will have to pay nothing but we will have to pay £27

Guys_Dad

The regulars on here are happy to help, but we do ask for a degree of honesty from people. You received advice from others based on your statement that you stopped to drop someone off. We get a number of such instances at airports.

However, it appears that you stopped in a hatched area for over 6 minutes, if the APR is accurate. That, my friend, is you being parked! So the advice given about stopping not being parked is now irrelevant. It doesn't make the charge any more fair and you will continue to help, but if you don't provide the full picture, the advice may be inaccurate and you will pi$$ people off.

The_Deep

I hope that you would not dissemble similarly to a judge?

iravat

I had stopped to drop off my colleague, I've stopped in the same area a few times so he can get out. But on that occasion he was talking to me about an issue he had and I'd lost track of time.
If i had known that it was a no stopping area, with better placed signage, i would have chose a better area to stop in. I'd just made the assumption it was ok to stop there as other vehicles generally stop there too.

Redx

reading through this, making assumptions is your downfall here

you said "dropped off" but that action takes maybe 30 seconds so is more relevant than "parked for 6 minutes" whilst talking to this person (we see the "dropped off" a lot at airports, where the PPC issued an invoice for stopping less than a minute)

you also assumed it was a "fine" , even though its not mentioned anywhere in the quotes that you have made from the letters and paperwork (its a speculative invoice, not a "fine") - they even called it a parking charge

I hope you will learn from this so in future whenever you stop your vehicle or "park" you will note the signage and comply with it, otherwise you will build up a plethora of these invoices from various sites, like hospitals, airports , retail parks , shops , supermarkets , railway stations , bus lanes and the like

yes you need to appeal, following the details in the NEWBIES sticky thread, using legal arguments to try to get the invoice cancelled or made void

the NEWBIES sticky thread and the previous replies have given you the info you need for this, so you need to move it along and dont make any more assumptions, stick to the facts and dont embellish them trying to justify the action, that wont work at all, its legal arguments that may save the day

its also not a car park so they cannot issue a parking charge , there was a similar thread recently where the person was denied popla because they dont deal with road issues, only parking issues in car parks

in any case, POPLA no longer accept appeals so after you register your popla code they will refer you to the Ombudsman Service