PCN "No Waiting"

Jamesbrown_2

Hey everyone,

Have read through the newbies thread and looked through some other threads.

I've received a postal PCN/NTK from Park "Rolex" (see what I've done there?)
(Don't know if they read the forums/ or if it matters if they can identify the case from here)
I'll can get photos/scans of it up tomorrow.

Just checking do I still appeal on day 26? As that was in the windscreen PCN part of the newbie thread but not the postal PCN part?

"The reason we issued the PCN to the vehicle is as follows: No Waiting" (loading bay)
Searched the forum but can't find many threads on waiting vs parking.

All advice appreciated!

Did find the backtobasix 1 year+ thread which is a monster!

Jamesbrown_2

*I can get
Apologies for any mistakes, it's a bit late!

Fruitcake

Defence Systems Ltd trading as Park Watch are BPA members so you appeal using the BPA template in blue from the NEWBIES thread.

Waiting 26 days is for appealing a windscreen ticket only in the hope that they forget to send the NTK at all.
If you have received the NTK then you appeal as soon as you like (unless it is a byelaw case) making sure you don't miss the 28 day appeal deadline.

Waiting, parking, stopping, engine running, engine not running, car occupied, car occupied. It makes no difference. You appeal on tried and tested points of law.

To post redacted images, upload them to a web hosting site such as Tinypic or Photobucket and then post the URL here but change http to hxxp. Someone here will then change it to a live link.

The_Deep

The signs are probably key here. Google/search "prohibitive" signs as in, if something is forbidden, they cannot offer a contract to park. .

Jamesbrown_2

Found a thread on pepipoo of the same location. Post 8 has pictures of the signs
hzzp://forums.pepipoo.com/index.php?showtopic=96671

One of the signs has "No Waiting at any time" and "No Parking at any time"
How does that apply to offering a contract to park?

Coupon-mad

That doesn't offer any contract, it forbids parking then attempts to create a penalty for doing so. Unrecoverable and completely different from any contractual offer (like in the Beavis case).

Jamesbrown_2

Ah ok, that doesn't affect the process though right? So I'll still appeal with the blue BPA template to get the POPLA code?

Coupon-mad

Yes, at this stage, no need to reinvent the wheel.

Jamesbrown_2

Great thanks Coupon!

I'm sure you'll have written about it before but after searching the forum/board for "private land" "loading bay" "no contract" "no contractual offer" etc struggling to find anyone's POPLA appeal or more information based on this no contract offered business. Been looking through the POPLA decisions thread as well.

Maybe I'm searching the wrong things but please could you give me some pointers on where to look so I can clue myself up on this? On this site or elsewhere?

Much appreciated!

Fruitcake

There are template appeal points, or links to them, in post 3 of the NEWBIES thread. Use ALL points that apply.

Jamesbrown_2

Thanks Fruitcake, is there anywhere I can read up on how not offering a contract affects the situation? Just been going through the BPA Code Of Practice to clue myself up on all of this