Appeal rejected!

Grandad123

I may be able to shed a bit more light on this situation as I am have an ongoing appeal at this site.


As stated this car park is part of a larger multi-storey.


The upper levels are for residents use and need access via a barrier.


This lower level is used during the day by patients using several medical practices. The bays are thus labelled GREEN for short term patients and I believe RED for doctors.


The surgeries called in the PPC as there is also a gymnasium on the site so their customers were abusing the spaces.


CPM have recently altered their signs to add the time restrictions in very small text and are difficult to understand.


As this is the only area he could access at this time of night he had no other place to park.


The time limit of 7pm to 11pm is to catch the gym users. As he was past that time I don't understand what 'offence' he committed and the warden has certainly exceeded his remit.

Grandad123

I think you can still try to get the PCN cancelled if you explain the situation to one of the practice managers.


The Practice Manager
Bramblys Grange Medical Centre
Unit 5
Crown Heights
Basingstoke
RG217AP


a[EMAIL="andrew.smythe@nhs.net"]ndrew.smythe@nhs.net[/EMAIL]

Guys_Dad

Grandad123 wrote: »

I may be able to shed a bit more light on this situation as I am have an ongoing appeal at this site.


The time limit of 7pm to 11pm is to catch the gym users. As he was past that time I don't understand what 'offence' he committed and the warden has certainly exceeded his remit.

This is my point exactly and no other appeal point is needed and just confuses.

The car not unattended point is irrelevant as that makes no difference as to whether it was parked or not.

Grandad123

I've just looked at a photo I took of the signage, which has been modified to include the time limits.


Even zooming the picture I can not read the text although it is possible to read everything else.


How you are expected to read this in a dark underground car park and also refer to the signage on the bay at the same time I have no idea.


The good thing is that this company are total muppetts, as Mike will testify, but to save wasting a lot of time, I would appeal to the Practice Manager.

Guys_Dad

Grandad123 wrote: »

I've just looked at a photo I took of the signage, which has been modified to include the time limits.


Even zooming the picture I can not read the text although it is possible to read everything else.


How you are expected to read this in a dark underground car park and also refer to the signage on the bay at the same time I have no idea.


The good thing is that this company are total muppetts, as Mike will testify, but to save wasting a lot of time, I would appeal to the Practice Manager.

Have you not taken on board the point that the signage says you didn't contravene the times that parking restrictions apply ?????

Grandad123

That's a bit harsh G-D I'm just trying to support a fellow sufferer.


It looks like he is going down the POPLA appeal route but won' know until he comes back. Just trying to save him all the hassle.

itzillution

Thank you guys for all your advices, I really appreciate that.

So, this is what I am planning to put up in my response to POPLA appeal process, please let me have your comments on if that would suffice or if I need to make any changes to it.

---

Dear POPLA Assessment Officer,

I am surprised why the Operator is still insisting that I have breached the contract when they themselves is admitting in their response that the parking restriction is between 7pm to 11pm and yet, they have issued the PCN at 11:18pm(please refer to Operator's admission in their response - The signage clearly states "7pm-11pm - Mon - Sat 30 Min Max Stay (No Return 1 Hour)" and the ticket issued was on Saturday 05-09-2015 at 23:18:28!). The notice clearly states that the parking restriction is in force between 7pm and 11pm and not for any other times, which I believe is to prevent the gym users who tend to use up patient's space between 7pm and 11pm. You can see that UK PCM have clearly exceeded their limits in this case by issuing a PCN after the parking restricted hours and dragging a patient into unnecessary hassle which is unacceptable in any circumstances. It is very evident by their own admission that I have not committed any offence and have not breached any contract. On that ground, may I request you to allow my appeal and warn UK CPM against harassing individuals by exceeding their limits like this.

Thank you,

---

Do you think that would do the trick?

itzillution

itzillution wrote: »

Thank you guys for all your advices, I really appreciate that.

So, this is what I am planning to put up in my response to POPLA appeal process, please let me have your comments on if that would suffice or if I need to make any changes to it.

---

Dear POPLA Assessment Officer,

I am surprised why the Operator is still insisting that I have breached the contract when they themselves is admitting in their response that the parking restriction is between 7pm to 11pm and yet, they have issued the PCN at 11:18pm(please refer to Operator's admission in their response - The signage clearly states "7pm-11pm - Mon - Sat 30 Min Max Stay (No Return 1 Hour)" and the ticket issued was on Saturday 05-09-2015 at 23:18:28!). The notice clearly states that the parking restriction is in force between 7pm and 11pm and not for any other times, which I believe is to prevent the gym users who tend to use up patient's space between 7pm and 11pm. You can see that UK PCM have clearly exceeded their limits in this case by issuing a PCN after the parking restricted hours and dragging a patient into unnecessary hassle which is unacceptable in any circumstances. It is very evident by their own admission that I have not committed any offence and have not breached any contract. On that ground, may I request you to allow my appeal and warn UK CPM against harassing individuals by exceeding their limits like this.

Thank you,

---

Do you think that would do the trick?

Or this:

Sir,

My appeal point is based on Operator's rejection:
"The appellant was parked within this space on Saturday 05-09-2015 at 23:18:28.The signage clearly states "7pm-11pm - Mon - Sat 30 Min Max Stay (No Return 1 Hour)" This is a clear breach of the parking restrictions.Signage is clearly displayed thoroughout the car park-See CROWN HEIGHTS."

My point:
I had parked outside the time limits/restrictions!
Restricted parking hours:7pm-11pm
I parked: Between 11:16pm and 11:20pm(ticket issued at 11:18pm!), which is clearly outside their restriction, it is as simple as that, where is the contract breach there?

Surprised that Operator is still insisting that I breached the contract when they themselves is admitting in their reply that the parking restriction is between 7pm-11pm and yet,they have issued the PCN at 11:18pm(please refer to Operator's admission in their response - The signage clearly states "7pm-11pm - Mon - Sat 30 Min Max Stay(No Return 1 Hour)" and the ticket issued was on Saturday 05-09-2015 at 23:18:28!). It clearly states that the parking restriction is in force between 7pm and 11pm and not for any other times.The other green sign 'Patients Short Stay' has not got any time restrictions or any other T&Cs,so any patient could park there outside 7pm-11pm as mentioned in the second small sign.The intentions for putting time restriction in the small sign in tiny letters, hidden within the T&Cs is only to make money from the innocent souls who don't challenge PCN.

Operator has clearly exceeded their limits in this case by issuing a PCN after the parking restricted hours and dragging a patient into unnecessary hassle which is unacceptable in any circumstances. It is very evident by their own admission that I have not committed any offence and have not breached any contract. On that ground, may I request you to allow my appeal and warn UK CPM against harassing individuals by exceeding their limits like this please.

Thank you,

---

Your inputs will be very helpful to get over this last hurdle...pls help...

Redx

popla has no remit to regulate any parking company, only to adjudicate on the case itself, so asking them to warn the PPC is irrelevant

popla is there just to adjudicate cases

the BPA or IAS are there to try to "regulate" their members, using threats of sanctions , so if you get a result from popla in this case you could and should complain to the BPA and the DVLA , as well as your MP etc too

ps , you have not committed any offences as its not regulated in law and not a criminal case but a civil case, so the word OFFENCES is incorrect

Grandad123

Hi Ittzy. I have tried to reply to your PM but it doesn't seem to have gone through.


I have been through my old photos and have found one that I can read which I will try to post up on here.


CPM seem to have made a bit of a mistake in their rejection of your first appeal, but there signs do say NO PARKNG at all other times so beware.


I would reiterate it is much quicker to get the Practice Manager to cancel the Invoice and it is worth trying that route at the same time as the appeal. The Practice Manager certainly didn't intend CPM to ticket the car park out of hours, why would he.


Will have to do some work to get Picky up will post it later.