Help With PCN Please (Unclear Signage)

Apollo18

I have received the POPLA code. What should I do next?

Coupon-mad

Go to post #3 of the NEWBIES thread and make a draft like the examples, and show us what you cobble together like those you see.

Apollo18

I have been doing a lot of reading up on the website and also of the PoFA and the BPA CoP and have found several points that appear to support my case but would like the advice of more knowledgeable people here if possible.

(1) Am I correct to assume from the result of the Beavis case and BPA CoP that a £100 parking fine is considered reasonable and since my case involves not displaying a parking permit rather than paying a parking tariff then asking for proof of a GPEoL is not applicable and not an argument I should include in my POPLA appeal?

(2) According to the BPA CoP (is version 4 - Feb 2014 the most up to date?):
"signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand. Signs showing your detailed terms and conditions must be at least 450mm x 450mm."

The signs where the driver parked my car are not conspicuous because they were hidden by trees and ivy. The controlled area in question is not a car park as such but a (dead-end) road. There are a few other parking signs along the road but in my view they are not conspicuous nor easy to read while driving along the road and at the end of the road where my car was parked the signs were hidden.

18.7 of the BPA CoP state that PPCs "must not offer just a premium-rate number. If you do have a premium-rate number, you must also offer a standard-rate number you can be contacted on" but the signs only include a premium rate 0870 number.

18.8 PPCs "should display the BPA’s AOS logos at all sites. This will help the public to see that you are a legitimate operator, and show that the site is run properly." Neither logos are shown on the signs.

18.9 "So that disabled motorists can decide whether they want to use the site, there should be at least one sign containing the terms and conditions for parking that can be viewed without needing to leave the vehicle. Ideally this sign should be close to any parking bays set aside for disabled motorists."
There are no marked bays but there is a small sign saying "Disabled badge holder only" in one place (and it turns out this is where my car was parked - but the sign could not be seen).
The other sign nearby seems to contradict this by including on it "Blue badge holders are not exempt and must comply with the above conditions"

Appendix B.
Group 2 text (i.e. private land, T&C's apply) should be 50% the size of Group I (i.e. permit holders only). It is not, Group 2 is actually larger than the Group I text.

I wil try to attach some photos of the signs below.

Fruitcake

GPEOL is still a valid point as long as you can demonstrate that your case differs from the Beavis case.
However, GPEOL is normally left until the last point as there are others more likely to win.


You need to include as many appeal points as possible not excluding inadequate signage, not the landowner, no authority to issue charges, NTK fails POFA, lack of grace period.

Apollo18

Ah, it seems I am not allowed to link as a newbie. Would somebody please be kind enough to post the links for me?


i1168.photobucket.com/albums/r485/phlpjns/Mobile%20Uploads/image_zpskipd032k.jpeg

i1168.photobucket.com/albums/r485/phlpjns/Mobile%20Uploads/image_zpslhjlv2gr.png

i1168.photobucket.com/albums/r485/phlpjns/Mobile%20Uploads/image_zpslvl0iqp5.jpeg

i1168.photobucket.com/albums/r485/phlpjns/Mobile%20Uploads/image_zpsfmca92bo.jpeg

Quentin

http://s1168.photobucket.com/user/phlpjns/media/Mobile%20Uploads/image_zpskipd032k.jpeg.html


http://s1168.photobucket.com/user/phlpjns/media/Mobile%20Uploads/image_zpsrfh2viqk.jpeg.html


http://i1168.photobucket.com/albums/r485/phlpjns/Mobile%20Uploads/image_zpslvl0iqp5.jpeg


http://s1168.photobucket.com/user/phlpjns/media/Mobile%20Uploads/image_zpsfmca92bo.jpeg.html




(Assuming the red golf isn't yours!)

Apollo18

They need http:// in front of each link, I think

Quentin

Apollo18 wrote: »

They need http:// in front of each link, I think

Links in #17 for you

Coupon-mad

What terrible signs - make that your first appeal point. And yes the other points you have found are relevant - because new POPLA do take notice of BPA CoP breaches - as well as 'no landowner authority' as you will see on every example, which forces them to show the contract which might only be a service agreement to 'issue PCNs' (might not grant them any rights in the land to sue in their own right).

Have you admitted to Wing, who parked the car? Or did you follow our advice and appeal from the start only as the registered keeper?

Apollo18

Quentin wrote: »

(Assuming the red golf isn't yours!)

No , after my appeal was refused I went to the site to take photos and the red Golf was parked there and they had by then cut back the trees and ivy growing over the signs. My car is the 16yr. old green one in front of the sign in the photo where it is covered in ivy (or whatever it is).

Coupon-mad wrote: »

Have you admitted to Wing, who parked the car? Or did you follow our advice and appeal from the start only as the registered keeper?

I appealed as the registered keeper.