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Park Direct UK

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24

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  • _mw_
    _mw_ Posts: 16 Forumite
    Having read lots of other people's messages, I'd imagine it will be rejected. What other course of action do I have? Also, if POPLA don't get involved, how do I appeal their rejection?
  • Umkomaas
    Umkomaas Posts: 43,369 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What other course of action do I have?
    Have you complained to the landowner?
    Also, if POPLA don't get involved, how do I appeal their rejection?
    To the IPC's IAS - but no one here recommends that. Read the NEWBIES FAQ sticky, section 3, about the cons and cons of appealing to the IAS.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • _mw_
    _mw_ Posts: 16 Forumite
    The landowner is supposedly Active 4 Less Gyms. Reading other threads, they deny all responsibility and claim that they aren't responsible for the contracting of the parking fine company.
  • _mw_
    _mw_ Posts: 16 Forumite
    I've checked the Land Registry and there are no records for that piece of land.

    Looking on Google Maps, there are signs around, but the argument I am making is that the driver went on to the piece of land to turn around, read the signs that said there was no waiting or stopping allowed (the 66 seconds indicated on their evidence) and then left.
  • Umkomaas
    Umkomaas Posts: 43,369 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You can see how your initial appeal goes. If this goes to court I think it would be a very brave (or extremely foolish) PPC who would argue a 66 seconds visit deserves a penalty of £100.

    So test it with the PPC, you might even chance your arm with the IAS on 'grace period', because no one in their right mind would argue that a grace period of just 66 seconds is sufficient. It would really exercise the IAS to defend the PPC's charge - but don't be surprised if they do!

    Could be interesting.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Umkomaas wrote: »
    You can see how your initial appeal goes. If this goes to court I think it would be a very brave (or extremely foolish) PPC who would argue a 66 seconds visit deserves a penalty of £100.
    If it were to go to court, then PD have another fairly large hurdle to overcome. The signs are forbidding ("no parking"). There is no offer to park, no contract. It can only be a matter of trespass, and PD cannot sue for trespass, only the landowner can do that.
  • Umkomaas
    Umkomaas Posts: 43,369 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I'm warming more towards testing out the IAS on this. It could be one of those where they are painted into a corner and they advise the PPC to withdraw.

    Nothing to lose OP.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 151,863 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes it is one where the OP could try IAS with the information that the driver only entered the land (no entrance signs?) saw a sign on a wall but had no opportunity to read the small print but decided to turn the car around, and left. Therfore not accepting any contract whatsoever.

    You will probably lose at IAS because the decisions by that kangaroo court are bizarre.

    Is that place in Uxbridge with the disappearing entrance sign? Suggestion of photo-shopped sign images on another thread, can you go back on foot and get time-stamped photos of the entrance with NO SIGN? Do that.

    But you could try it - DO NOT USE A FORUM TEMPLATE, WRITE IT IN YOUR OWN WORDS.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • _mw_
    _mw_ Posts: 16 Forumite
    I'm going to fight the charge - got photos of the signs. They're definitely there, but the signs to the entrance are obscured and around the site there are yellow signs that say No Stopping or Waiting, but the signs that detail the terms and conditions are quite small. The driver obviously tried to read them, and then left once it was clear that their being there wasn't OK. Also, as there is no parking, how can a parking fine be levied?
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It is not a fine.

    A PCN can be levied because the private parking industry is unregulated. In other words it's a scam, or a scamdustry.

    You can post images by uploading pics to a web hosting site such as tinypic or photobucket, then post the URL here, but change http to hxxp. Someone here will then change it back to a live link.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
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