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Hospital Red Route Parking Ticket (POPLA letter check)

24

Comments

  • shewdz
    shewdz Posts: 33 Forumite
    off topic, but it wasn't an ambulance route. legion group simple paint every area around the hospital that isnt their paid parking with red lines in the speculation of raking in the fines.

    anyway, thanks coupon-mad, i'll follow your plan for an e-mail on day 26 after the issue date.

    if it escalates, do i have much of a leg to stand on other then claiming legion group have no right to fine on the land, excessive payment etc.?
  • Coupon-mad
    Coupon-mad Posts: 152,750 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What did I say about 'no keeper liability' being one of your main appeal points? That's the WHOLE POINT of appealing as keeper on day 26!

    Do I have a leg to stand on indeed!!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Coupon-mad wrote: »
    What did I say about 'no keeper liability' being one of your main appeal points? That's the WHOLE POINT of appealing as keeper on day 26!

    Do I have a leg to stand on indeed!!

    But if you don't then a hospital is probably the best place to be. :o
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    shewdz wrote: »
    thanks Coupon-mad. i'll get onto sorting a letter asap. i just want to know the best approach to have.

    having a look on google street view there are signs in the area about the red route. so possibly stick to the fact that the fine does not reflect actual losses?

    Interesting, if the Google Street View vehicle actually travelled along the road, it will not be private property.
  • shewdz
    shewdz Posts: 33 Forumite
    edited 17 November 2015 at 1:36PM
    so sent the standard e-mail as suggested on day 26 after the ticket was received. got an rejection e-mail reply today with a POPLA number.

    whats the best approach to take with the POPLA appeal?

    furthermore, the pictures in the appeal reject email leave her up a creek as she parked right next to a sign saying she couldnt. im guessing this wont help any further appeals.
  • Fruitcake
    Fruitcake Posts: 59,464 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 17 November 2015 at 1:50PM
    shewdz wrote: »
    so sent the standard e-mail as suggested on day 26 after the ticket was received. got an rejection e-mail reply today with a POPLA number.

    whats the best approach to take with the POPLA appeal?

    furthermore, the pictures in the appeal reject email leave her up a creek as she parked right next to a sign saying she couldnt. im guessing this wont help any further appeals.


    Read the Sticky thread near the top called POPLA Decisions and find one that closely matches her situation then modify it to fit.


    Inadequate signage will be ONE of the appeal points because I bet you the signs will not comply with the BPA's Code of Practice. Not having signs at the entrance to the car park that comply will be part of the same appeal. It doesn't matter if she parked next to a sign if the sign is not valid.
    Also, no standing to bring charges on behalf of the landowner as well as no keeper liability once you have passed day 56.
    You need to start reading and not be defeatist. Look for reasons why you will win, not reasons why you think this scumpany are in the right.
    I married my cousin. I had to...
    I don't have a sister. :D
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  • Guest101
    Guest101 Posts: 15,764 Forumite
    Has she not considered actually talking to her employer about this?!
  • shewdz
    shewdz Posts: 33 Forumite
    so to update this. the appeal to legion group was rejected. the supplied image shows signage in the background so thats hard to dispute.

    tried to speak to the hospital directly, but as you can imagine, getting hold of someone who is interested is difficult.

    can anyone categorically (evidence) tell me if double red lines on private land are enforceable?

    otherwise i am going with a POPLA appleal stating the following:

    1. The parking charge of £70 is not a genuine pre-estimate of loss. (she is a staff permit holder, so they have actually made money from all this)
    2. CPP has formed no contract with the driver (lack of signage, no consideration/acceptance).
    3. CPP has no proprietary interest in the land and no standing.
    4. The Notice to Keeper fails to establish 'keeper liability' under PoFA 2012.

    maybe drop point 2 due to the clear signage?
  • shewdz wrote: »
    can anyone categorically (evidence) tell me if double red lines on private land are enforceable?
    Red and yellow lines on a public road are only meaningful because there is a Traffic Regulation Order from the council to back it up. No such thing can possibly exist for private roads, making any lines just so much paint on the road.

    Don't drop the signage point. If you challenge it, they must rebut with evidence. If they fail to do so, then they lose, no matter what the reality is of what actually exists. Make them work for their living.
  • Castle
    Castle Posts: 4,852 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    shewdz wrote: »
    otherwise i am going with a POPLA appleal stating the following:

    1. The parking charge of £70 is not a genuine pre-estimate of loss. (she is a staff permit holder, so they have actually made money from all this)
    2. CPP has formed no contract with the driver (lack of signage, no consideration/acceptance).
    3. CPP has no proprietary interest in the land and no standing.
    4. The Notice to Keeper fails to establish 'keeper liability' under PoFA 2012.

    maybe drop point 2 due to the clear signage?

    Leave point 2 in as you cannot contract to do something which is not allowed; so if the signs say no parking then no offer of parking is made and therefore no contract can be accepted. This leaves a claim for damages in tort which is based on a GPEOL.

    Second point: who is CPP?
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