Confusing signs

Shadax

I received a windscreen PCN at Range in St Helens from Care Parking (Anchor), and subsequent NTK (Driver not declared). I have read a lot on this excellent forum but I still have a few queries which I really hope some of you can help me with.
The PCN claims "Not parked wholly within Bay"
1. The sign at the car park entrance is only concerned with maximum stay - not how to park.

2. There are several other signs further in which again only reference duration of stay.

3. Further on again there is a 3rd sign which shows a diagram and says "Parking only within marked bays"
Would the contract to which I have allegedly agreed whilst parking not be the 1st sign?

The 3rd sign does not mention parking "wholly within bay" but my PCN does.
I have parked within marked bays - in fact in 2 marked bays so surely that's ok?

My final question is that when I appeal this to Care Parking and ask for the POPLA code, how much of the above should I include? Do I have to have first made a point to the PPC before mentioning it to POPLA or am I simply saying that I'm appealing so give me a code? I
I have read the Sticky post #3 blue writing but the facts of that case are very different from mine so I don't know if the POPLA is really a copy and paste of the appeal to the PPC or is it more detailed.

Shadax

Thanks for your reply Quentin, I thought that this IS the parking forum, how do I contact a board guide?

Quentin

The blue template will get you a POPLA code.


Research this outfit at BMPA to see their record in taking this all the way to court - they don't look litigatious!!

Umkomaas

You're definitely on the Private Parking forum now.

1. Get photos of signs - now. You might well need them later - they have 6 years to pursue this, so no point trying to get pics in 5 years time!

2. The circumstances of the parking event are largely irrelevant at this stage. Any technical/legal issues identified should be reserved for your POPLA appeal (or an unlikely court case). AKA 'keeping your powder dry'

3. Your initial appeal (the point I believe you are now at) is already written for you in post #1 (not #3) of the sticky. Just use that, no need for alteration or embellishment. It's the one printed in blue text.

4. If the PPC rejects your appeal, they should automatically issue you with a POPLA code - no need to ask for one. Failure to provide one aids your case, so don't remind them of how they should be doing their job!

Shadax

Helpful answer thanks Umkomaas. I do have photos, I tried to post them but forbidden by forum rules (not enough posts). The "Keeping my powder dry" answers my query perfectly for now. Once I get the code and consider my POPLA appeal how do you view my position re the first 3 points of my post?

Coupon-mad

I have read the Sticky post #3 blue writing but the facts of that case are very different from mine.

No they aren't; the blue writing template appeal is a one-size-fits-all appeal for every case.

Main thing is NOT to talk about who parked/what they did.

That's why in 2013 (and updated several times since) I wrote a template in utter frustration after reading about the ten thousandth person who had shot their toes off with an awful 'look at me, I was the driver and this is what happened' appeal.

Shadax

OK thanks for this, the "one size fits all" clarifies the procedure for me.

Umkomaas

Shadax wrote: »

Helpful answer thanks Umkomaas. I do have photos, I tried to post them but forbidden by forum rules (not enough posts). The "Keeping my powder dry" answers my query perfectly for now. Once I get the code and consider my POPLA appeal how do you view my position re the first 3 points of my post?

Well they are valid points, but much will depend on how you construct the signage appeal element of your POPLA submission. There is a ready written template in post #3 of the sticky which works. Sometimes adding to it with detail can detract (more is less), but let's see your draft at the POPLA stage.

But signage will certainly not be your only point of appeal. Others include:

No keeper liability, including Notice to Keeper errors (PoFA 2012)
The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge
No Contract to manage parking
No Locus Standi
Consumer Rights Act 2015
BPA Code of Practice breaches
Why Beavis doesn't apply in your parking event

Don't be overwhelmed by the list, some of the above appeal points are already written for you, the rest you will get to understand as you read around the NEWBIES sticky and other threads on the forum.

Don't confine yourself to your own thread as it is a very isolated place. There's so much flying through every day that reading around others will quickly give you a wider perspective and understanding and better help you deal with your problem.

The forum 'Search' function is very good - use it and discover other Care Parking cases (only those from the past few months should be read as issues and tactics change rapidly!).

After receipt of your initial apppeal, Care have 35 days to respond. Use them to start reading, thinking and making notes as your draft POPLA appeal starts to take shape. It's worth putting in this work now as it is almost inevitable that Care (like any other PPC) will reject your initial appeal.

HTH.