Help Greatly Received; Parking Ticket Issued At Milnrow Metrolink Station.

handyandy111

Hi there,


I have also recently come back to my vehicle and found a PCN attached to my windscreen whilst parked at a Metrolink Station on a weekday afternoon. I am trying to digest all of the posts/threads here to decide if it is worth challenging... My ticket states obstructive parking as I was parked at the end of the marked bays - I was rushing and there were no other spaces so I just parked in front of another car who had done the same.. The charge is for £100 (£60 if settled within 14 days.). The company that issued it again were Care Parking.


Am I correct in thinking that I just now wait to receive the notice to keeper . I am a little confused as whether just to pay it as I wasn't parked in a marked bay. I am going to visit the car park later in the week to see what signage etc exists, if it was even visible from where I did park.


Thanks !

Redx

what happened on the day is largely irrelevant , as its railway land as we keep telling people , so any appeals always follow the same pattern , albeit if the vehicle was broken down like the OP then additional info may be used to appeal it , as long as the driver is not named or inferred

appeal around day 25 using the BPA blue text appeal in the NEWBIES sticky thread , as KEEPER (not driver) - OR wait for the NTK , as keeper, then appeal , as keeper

because it is RAILWAY LAND , the TOC (metrolink) have 6 months to take THE DRIVER to the magistrates court, under byelaws

bylaws apply but CARE are not applying them, and I dont think Metrolink do either

its all smoke and mirrors, use the facts to beat them with these phantom tickets and only a FOOL would pay a ghost ticket that isnt worth the paper it is written on

handyandy111

Thanks Redx,
So around day 25 as you stated I will use the text as below and log the appeal online with them as Keeper. - ( Should I still include this part below or omit it ?)
"I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers."


Date


Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You have omitted clear information about the process for complaints including a geographical address of the landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,


A B C




In essence is the point of using the text above to highlight the fact that they won't provide a copy of their contract with Metrolink and then that is the reason that can be used to go to POPLA with ??


Just want to make sure I understand everything as its been a lot of information to digest the past couple of days, although proving excellent so far !!

pappa_golf

the reason for that template is to get a POPLa code , the PPC will not drop this for anything , its thier only form of income !!!

POPLa will kill it dead with a simple appeal on the above grounds , however POPLa have put all bylaw cases on hold , whilst deciding if they can adjudicate them

POFa says NO , but they cannot read !!

mark your popla appear clearly stating this is bylaw land

from POPLa:

POPLA has decided to adjourn all cases on which the parking operator has asked the motorist to make a payment in respect of alleged breach of Byelaws. This is following complaints to POPLA and ISPA that POPLA has no authority to look at these appeals. We are considering our position and will make a further statement in due course. We do not anticipate the cases to be adjourned for more than two months from 1 September 2016. Parking operators should not pursue payment while the cases are adjourned. During this period, motorists must still submit their appeal within 28 days of the date of the POPLA code if they want POPLA to consider their appeal. If you have already submitted your appeal you do not need to take further action.

1 November 2016 update

It has taken longer than anticipated to reach our decision on whether POPLA has the authority to look at appeals in respect of alleged breach of Byelaws. We expect to communicate our decision within the next four weeks. Thank you for your continued patience while consider our position. In the meantime, our guidance remains unchanged: Parking operators should not pursue payment while the cases are adjourned. During this period, motorists must still submit their appeal within 28 days of the date of the POPLA code if they want POPLA to consider their appeal. If you have already submitted your appeal you do not need to take further action.

handyandy111

Hi Coupon-mad,


I have a redacted copy of the PCN front and back that I would like to add/upload but I cant see how to do so - How is best to do this, then you will have an recent copy of one to view from Care Parking.

pappa_golf

go to tinipics (rtc) uplad and place link in next thread , dont try to insert as image just pate into reply but change http:// xxxxxxx to something like hxxp/ xxxxxxxxxxx

handyandy111

Any particular format as its doesnt seem to accept PDF or Jpegs so far ??

handyandy111

OK hopefully this should have done it.


hxxp://i65.tinypic.com/2mg1ehc.jpg[/IMG]


hxxp://i63.tinypic.com/103yl45.jpg[/IMG]

handyandy111

Is there anything on the above attached care parking pcn that stands out to the more experienced eye that it is worded incorrectly that would assist me going forward to Popla?

Also re the bylaws decison does anyone have any idea what would happen if Popla then can't rule on them... would this mean there is no point going to Popla as they would say that it is in fact a justified charge or would it be the opposite and Popla would always rule in the Keepers favour ?

Apologies if I appear to be asking basic questions, I'm trying to assimilate all the threads both old and new to get my head fully round this as I don't want to take it to Popla to find that it fails and I end up having to stump up the 100 quid anyway

pappa_golf