Parked on double Yellow Line - Lidl - POPLA APPEAL Advice

MSAd

I have followed the guidance in the newbies thread and used the template to appeal to LDK - Pcn Admin Centre which has been already rejected.
This is my first PCN so POPLA advice/guidance would be appreciated.

Within last few months my local Lidl changed inside and outside. We used this shop for years and only signs located on car park said parking up to 2 h. Now they changed parking and also added 2 yellow lines. After I got PCN I went to check signs it is now "no waiting- no parking" signs.
I was surprised when I got my notice to keeper with date and time middle of the week 23:24 .
So I talked to my wife and she was there but in the morning not at night. Parking is small so most of the people still park where they painted new lines and signs. Photo from parking company shows two different times on it - one morning and one night time on the top of this photo.

They send me Pcn notice to keeper week later with printed wrong time at this time car is parked in my car port.
After sending appeal it was rejected. I did not mention anything about wrong time or driver but told my wife to make complain to Lidl - she also found receipt from that day - but no answer yet .
Photo shows lines and car + morning and night time.
On my first notice to keeper they wrote wrong time.
Now I have 14 days to pay £45 or 90 if I lose at POPLA.
In the rejection letter they did not answer in fully to my appeal point 4-5-6

4. Ownership of premises.

Please tell me who owns the car park as I wish to send them a copy of this letter.
5. Contractual Authority (as required by BPA Ltd AOS CoP B.7)

Please provide me with a copy of the contract between your company and the landowner/landholder that provides the necessary contractual written authority for the issue and enforcement of your Parking Charge Notice - Notice to Keeper.

6. Signage.

If it is your case that a contract has been breached or that a contractual sum is now due, please send me photographs of the signs that you display and upon which you seek to evidence that a lawful and legally enforceable contract was been entered into. Please ensure that the photographs show the terms and conditions in a clear and legible manner. Please provide me with a diagram showing the locations and layout of those signs at the car park. Also provide evidence that the wording is in plain and intelligible language and in sufficiently large print as to be legible to a driver at the car park’s entry point..

They just mention location Lidl City, Postcode and our client LDK Security Group

Can I use it as a grounds for appeal to POPLA?

Fruitcake

You do not have to pay anything. Your initial appeal has been rejected so you now need to formulate a PoPLA appeal based on ones you will find in the POPLA Decisions sticky thread, and then modify to suit your case.


Use all the appeal points that are relevant. ANPR accuracy, (the car was parked elsewhere at the time shown in the pics), no standing, no landowner authority to issue charges, inadequate signage, not a GPEOL etcetera. The PCN must give an accurate postal location. There are other issues I can't remember but it is to do with POFA 2012 and BPA CoP compliance concerning debt assigned names on signs and NTK I think.


Make a big point about ANPR accuracy stating that UKPC are currently being investigated for fraud because they have been altering time stamps on their tickets and you suspect this may be happening here. You put the PPC to proof that your car was not in your car port at the time shown and that their ANPR clocks are/were synchronised to an established time code. (IRIG or Rugby time codes or similar.)


Please give us the dates of the events.


Date of windscreen ticket (if there was one)
Date of NTK
Date of your appeal.
Redacted copies of the above.

MSAd

Issue date 15/10
NTK -arrived in the post 22/10
My appeal online 24/10
Appeal has been rejected 3/11

appeal :

Without prejudice, except as to costs

Parking Charge Notice (Number xxxx) - Notice to Keeper
This letter is a formal challenge to the issue of your Parking Charge Notice - Notice to Keeper as set out in the current BPA Ltd AOS Code of Practice B.22

On 15/10/2015 I was the registered keeper of a (make and model of vehicle) registration number xxxxxx

Before I decide how to deal with your Parking Charge Notice - Notice to Keeper, I should be grateful if you would first answer all the questions and deal with all the issues I have set out below. Once you have done so, I will be able to make an informed decision on how I deal with the matter.

I should be grateful for specific answers to all questions raised. In this respect I remind you of the obligations set out in the current Practice Direction on Pre-Action Conduct.

I dispute your claim for the reasons set out below. Please note that although I dispute the whole basis of the parking charge, my main concern is its disproportionate and punitive level.

1. Your parking charge amount claim.

Please explain on which of the following grounds your claim is based:

* Damages for trespass
* Damages for breach of contract
* A contractual sum
2. Your loss.

If it is your case that that a trespass was committed or that a contract was breached such that your claim is one for damages; please give me a full breakdown of the actual losses which evidences that this parking charge is a true reflection of the damages caused solely by the alleged parking contravention.

3. Your status – the creditor.

Your Parking Charge Notice - Notice to Keeper simply mentions ZZPS Limited if that is who is named on the PCN/NTK. Please tell me who is the actual creditor making this 45 parking charge demand. I need to know exactly who is making the claim and in what capacity.

4. Ownership of premises.

Please tell me who owns the car park as I wish to send them a copy of this letter.
5. Contractual Authority (as required by BPA Ltd AOS CoP B.7)

Please provide me with a copy of the contract between your company and the landowner/landholder that provides the necessary contractual written authority for the issue and enforcement of your Parking Charge Notice - Notice to Keeper.

6. Signage.

If it is your case that a contract has been breached or that a contractual sum is now due, please send me photographs of the signs that you display and upon which you seek to evidence that a lawful and legally enforceable contract was been entered into. Please ensure that the photographs show the terms and conditions in a clear and legible manner. Please provide me with a diagram showing the locations and layout of those signs at the car park. Also provide evidence that the wording is in plain and intelligible language and in sufficiently large print as to be legible to a driver at the car park’s entry point.
7. ''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.
8. Summary
I look forward to receiving your acknowledgement within 14 days and as there are no ‘exceptional circumstances’ your comprehensive reply within 35 days (in accordance with the BPA AOS Code of Practice B.22.8). I will then be able to make an informed decision as to how I deal with your Parking Charge Notice – Notice to Keeper.
If you reject this challenge or fail to address the issues that have been raised then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer the matter for their decision.
If you fail to follow any of the procedures outlined in the BPA AOS Code of Practice or your legal requirements under the Protection of Freedoms Act, or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16.
Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation.

I used this text from parkingcowboys.co.uk and part from this forum.
In NTK they wrote (our cient (the Creditor: LDK Security Group)) so I just asked again about creditor and land owner since they use 3 different company names in first letter.

Reply:

Thank you for your appeal against the above Parking Charge Notice ("PcN"). We have carefully considered

your appeal however on this occasion; the appeal has been rejected for the following reason:
Parked on Double Yellow Lines
For your further information , in the case of ParkingEye Limited -v- Beavis the court of appeal
unambiguously clarified the common laws position on both the nature and enforceability of parking

charges.

it is now clear that a parking charge having the predominant purpose or intention to deter is not sufficient in itself to invalidate the charge so long as it is not extravagant and unconscionable; thus this parking

charge is fully enforceable under the rules about contractual penalties.

The court made reference to indirect losses that parking contraventions can cause to operators, the need for large charges to deter breaches, the benefit to the community that such deterrence can create and the intention of Parliament for such charges to be enforceable.

Following the ruling in Beavis, it is without doubt that your parking charge is wholly valid and fully

enforceable.

You have now reached the end of our internal appeals procedure and therefore you now have various

options:

You can pay the total amount due as shown above within the next 14 days from the date of this

letter.

Plus all formal advice about POPLA and how to appeal to it

MSAd

So after almost 3 months I got confirmation from land owner - LIDL my PCN was cancelled.
I just closed my POPLA case but I think I had a good chance to win.
Yesterday I also got another letter from sollicitors and this time I wrote to them as well.
I let them know so case is closed and I do not wish them to ask me for money any more.
This entire process is getting bigger every week. From one parking ticket 5 different organisations get involved - and at least 3-4 wants your money.

Thanks for advice from Moneysavingexpert.forum and Parking Cowboys.

The_Deep

Following the ruling in Beavis, it is without doubt that your parking charge is wholly valid and fully ...


Without doubt, really? What about all those questions re contract, locus , ANPR, name of creditor, signs, etc., which they have failed to address? I think that this deserves complaints to the BPA, the SRA, and Trading Standards.

beamerguy

MSAd wrote: »

So after almost 3 months I got confirmation from land owner - LIDL my PCN was cancelled.
I just closed my POPLA case but I think I had a good chance to win.
Yesterday I also got another letter from sollicitors and this time I wrote to them as well.
I let them know so case is closed and I do not wish them to ask me for money any more.
This entire process is getting bigger every week. From one parking ticket 5 different organisations get involved - and at least 3-4 wants your money.

Thanks for advice from Moneysavingexpert.forum and Parking Cowboys.

Well done,:beer: glad to see that Lidl is getting a grip with the scammers.

How long will it take for the brother of Lidl, that's Aldi to wake up to the scammers, if they are not careful, the Aldi business will go to Lidl.