Parkingdirect UK Uxbridge PCN appeal

curlygirl50

I have received a postal PCN from Parking Direct UK for a supposed offence on 31st December. I believe the 2 photographs were taken by a concealed operative sitting in a car, as the photo format and date stamp are identical to a mobile phone app. I will be visiting the site again this weekend to see if I can photograph the operative and any signage. The 2 photos show the car with the driver in it, stopped for a period of 1 minute 38 seconds.
I am strongly considering appealing and asking for a POPLA code, but would welcome advice on the following questions:
Are mobile phone photographs allowed as evidence?
As the operative was actually in the carpark, should the ticket have been served at the time?
By describing the situation surrounding the taking of the photos in my appeal, am I admitting that I was the driver (I know you are not meant to do this.)
Please could you offer any help on these questions and should I attach any photos which I may take of the operative and signage to my initial appeal?
Thank you!

Fruitcake

First of all, please confirm the name of the parking company. You say Parkingdirect. Do you mean Parkdirect.? It is very important that you get the names right as there are many scumpanies with similar sounding names, but the advice varies depending on which trade association they are affiliated to.


Next, read the Sticky thread for NEWBIES then appeal as directed using one of the template letters therein.


If it is Parkdirect and not Parkingdirect then you need to use the BPA template appeal letter.


These templates are designed so that you don't give away valuable appeal information such as the driver's identity, so the advice is usually to copy and paste the template letters exactly as they appear in the NEWBIES.

Coupon-mad

Do you mean PARK Direct UK?

I am strongly considering appealing and asking for a POPLA code, but would welcome advice on the following questions:
Are mobile phone photographs allowed as evidence?

Yep, anything goes from scumbags, the BPA won't stop them on this point.

As the operative was actually in the carpark, should the ticket have been served at the time?

Again, almost anything goes & the BPA won't stop them on this point.

By describing the situation surrounding the taking of the photos in my appeal, am I admitting that I was the driver (I know you are not meant to do this.)

No point, it's not relevant except that 1 min xx seconds is not enough time for the driver to have read the signs and accepted any contract or decided to leave. Search this forum for 'BPA grace periods' to find examples about this which gives much longer before enforcement is allowed (something the BPA do assist with in the code).

Please could you offer any help on these questions and should I attach any photos which I may take of the operative and signage to my initial appeal?

You can attach photos if they help the POPLA appeal but aren't you only at 1st appeal stage? Park Direct won't just cancel so no need to send anything different than the BPA first appeal template (blue) in the NEWBIES thread.

curlygirl50

Apologies, yes it is ParkdirectUK. I will use the template and post back here once I receive the POPLA code.
I was hoping to appeal based on the unprofessional photos, but I will focus on the grace period if that's better.
Thank you for your help

curlygirl50

Apologies, yes it is ParkdirectUK. I I will use the template letter you suggest - thank you!

Also, is it worth asking ParkdirectUK for
1) an evidence pack
2) the address of the landowner for a direct appeal to him?
Thanks again!

Umkomaas

curlygirl50 wrote: »

Apologies, yes it is ParkdirectUK. I will use the template and post back here once I receive the POPLA code.
I was hoping to appeal based on the unprofessional photos, but I will focus on the grace period if that's better.
Thank you for your help

Your initial appeal to the PPC will only be that from the newbies sticky - unaltered.

Leave anything else until your POPLA appeal. 'Unprofessional photos' won't be a winning POPLA appeal point - but you may want to add it in as a supplementary at that time.

There are many more appeal points as well as 'Grace Periods'. Do some reading of post #3 of the sticky and also check out the POPLA Decisions sticky, but only read the last few pages of recent decisions.

Umkomaas

curlygirl50 wrote: »

Apologies, yes it is ParkdirectUK. I I will use the template letter you suggest - thank you!

Also, is it worth asking ParkdirectUK for
1) an evidence pack
2) the address of the landowner for a direct appeal to him?
Thanks again!

1. The evidence pack will only come after your appeal to POPLA has been submitted. It is the PPCs opportunity to respond to your POPLA appeal.
2. You can try, but be prepared to be disappointed!

Coupon-mad

As Umkomaas says, just use the blue short first appeal for BPA members. Unaltered. They will not cancel so don't reveal your POPLA hand yet.

curlygirl50

Thanks for your advice, I have written to ParkdirectUK as suggested and will also write to BPA and DVLA to express my disgust at this operator's non- compliance.
I have taken photographs at the site today - the signage has 3 different wordings so is very confusing, but they all say "Terms of parking: Vehicles stopping/waiting or parking on this land not displaying a valid parking permit or is parked outside of a designated parking area (where applicable) will be issued with a parking charge notice immediately by a Park Direct UK attendant or surveillance camera at a charge of £100 to be paid within 28 days or reduced to £60 if paid within 14 days of the notice served date". (my italics).
I will be getting ready for a POPLA appeal, so want to understand if this wording is dubious. The PCN relates to a contravention on 31st Dec, but was dated 6th Jan – hardly immediately. The operative was there at the time, so surely the signs imply that he should have stuck it on the car immediately.
I will get a POPLA appeal letter together and post it on here shortly. Many of the examples online are very lengthy and quote from the relevant codes of conduct and previous judgements. Is it best to hit hard like this, or would a simple list of non- compliance be better? Eg Grace period, signage, photos, GEPOL, contract etc?
Thank you for your help!

Coupon-mad

Lengthy is deliberate. Lengthy POPLA appeals often cause PPCs to throw in the towel, Park Direct included. Done that myself, it works.

A short list of non-compliance is not enough, bear in mind that new POPLA has no experience, we've only seen a handful of decisions since they started in September. The Assessors have no clue and no experience yet about this scam industry (unlike old POPLA), so you have to spell out why you should win and you have to then rebut any POPLA evidence pack if the PPC contest it. Then you should win, if you have argued well.

We'll help once we see your POPLA draft. The point about issuing a PCN immediately is a non-starter, it's not a breach.