Park Watch Parking Charge Notice newbie help needed

Kshah786

Sorry im lost at para 9 schedule 4. You mentioned this para 8 schedule 4 in an earlier post butbi forgot to ask where can i obtain the info from. Thanks

Umkomaas

Para 8 for windscreen tickets, para 9 for ANPR tickets.

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

http://www.parkingcowboys.co.uk/keeper-liability/

Kshah786

Hi guys..just an update from popla and Park watch..Parkwatch have supplied Popla with evidence and photos of the contravention to popla. They have sent a pdf file of 22 pages. How do i add this to this post. I can also send this via email to you guys so you can have a look. Coupon-mad isit ok if i get your email address to send the file toom

Kshah786

Hi I have created a Dropbox link. Please have a look. By the looks of the pdf file and the evidence they have looks like a loss i think. Lets see.what you guys think.

Here is the link

https://www.dropbox.com/s/0eg9m33xdrqs0w5/3312956401.pdf?dl=0

Umkomaas

'Do not park on hatched areas' is a prohibition. You cannot be contracted into something that is prohibited. It then becomes a trespass case, which only the landowner can pursue (in the PE -v- Beavis case the Supreme Court Judges confirmed this). The charge is therefore a penalty.

Read here for a recent 'prohibited signs' case.

http://parking-prankster.blogspot.co.uk/2016/05/bargepole-spanks-ukpc-in-court-no.html

Kshah786

What can i add to my popla appeal. I dont know what to write

Coupon-mad

Don't be so sure that this will be lost. Your appeal was strong.

Kshah786

Thanks coupon mad. I did exactly what you said so hopefully i will win. Their evidence did scare me a little

Kshah786

RESULT!!! I WON MY APPEAL

DecisionSuccessful
Assessor NameAdele Brophy
Assessor summary of operator case
The operator advises that the Parking Charge Notice (PCN) was issued due to the vehicle parking on cross hatchings.

Assessor summary of your case
The appellant’s case is Keeper Liability cannot apply. The appellant has advised the operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge. The appellant has further questioned landowner authority and that the signage within the car park is not sufficient. Lastly the appellant has advised that there is no offer of parking and no contract.

Assessor supporting rational for decision
While the appellant has raised a number of grounds for appeal, my report will focus on landowner authority, the appellant has questioned that operator does not hold landowner authority. Section 7 of the British parking Association (BPA) code of practice states, “7.1 If you do not own the land on which you are carrying out parking management, you must have the written authorisation of the landowner (or their appointed agent). The written confirmation must be given before you can start operating on the land in question and give you the authority to carry out all the aspects of car park management for the site that you are responsible for. In particular, it must say that the landowner (or their appointed agent) requires you to keep to the Code of Practice and that you have the authority to pursue outstanding parking charges. 7.2 If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken. 7.3 The written authorisation must also set out: The definition of the land on which you may operate, so that the boundaries of the land can be clearly defined Any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation Any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement Who has the responsibility for putting up and maintaining signs The definition of the services provided by each party to the agreement”. Having considered the evidence provided by the operator, I am not satisfied that the operator has landowner authority at the time of the parking event. The contract commencement date is 01 October 2016, which is after the date of the parking event. As such, I cannot confirm that the PCN has been issued correctly.


JUST WANT TO THANK EVERYONE ESPECIALLY YOU COUPON-MAD. COULDN'T HAVE DONE IT WITHOUT YOUR HELP

Coupon-mad

The contract commencement date is 01 October 2016, which is after the date of the parking event. As such, I cannot confirm that the PCN has been issued correctly.

They really are not very clever, this industry. Some are as thick as clampers were...oh, wait...they were clampers!

Nice result and always happy to help when I have time.

And hopefully each win here encourages twenty other newbies to follow suit for free, especially now we have POPLA templates to make a routine POPLA win fairly easy in most cases. Yours wasn't routine, so needed the efforts made by us both.

Power to your elbow! Have you added a link to this thread in POPLA Decisions? EDIT - I see Redx has done.