Got another parking ticket..3rd time unlucky maybe

Kshah786

Hi can anyone have a look again at my popla appeal. Should i add anything. Thanks

Coupon-mad

That's about all you can include, and #1 is pushing it but worth a try, for example if the PPC forget to include in evidence, a copy of the NTK! Has happened!

Upload it under 'OTHER' for POPLA. If you win, great, if you lose, don't pay!

Kshah786

quick question. how do I add this to a pdf. ive forgotten how to do it for the popla appeal

Umkomaas

Kshah786 wrote: »

quick question. how do I add this to a pdf. ive forgotten how to do it for the popla appeal

There'll be instructions within your Word program on how to convert the document to a .PDF file. Or search via Google.

Kshah786

Decision

Successful

Assessor Name

Louise Dack

Assessor summary of operator case

On 11 June 2017, vehicle NX09YDH was issued with a Parking Charge Notice (PCN). This PCN was issued due to the motorist parking on a red route.

Assessor summary of your case

The appellant states that the operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge, they do not believe that the operator has the authority from the landowner to issue charges on site and that the signage on the car park are not prominent, clear or legible from all parking spaces.

Assessor supporting rational for decision

When entering private land where parking is permitted, you are entering into a contract with the operator by remaining on this land. The terms and conditions of this land should be displayed around this area. It is essential that these terms are adhered to in order to avoid a PCN; it is the responsibility of the motorist to ensure that this is the case. The terms and conditions shown on the photographic evidence provided by the operator state ‘’No parking at any time…Please note that it is a condition of entry to the trust property that car parking or waiting is restricted to those persons having business with the trust or its patients…By entering, you contract and consent to: No waiting or parking allowed at any time on the designated ‘Red Route’…Failing to comply with any of these conditions you agree to pay the parking/entry charge of £50.00.’’ A PCN has been issued for the following reasons: the appellant has parked on a red route. The appellant states that the operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge, they do not believe that the operator has the authority from the landowner to issue charges on site and that the signage on the car park are not prominent, clear or legible from all parking spaces. In terms of POPLA appeals, the burden of proof belongs with the operator to demonstrate it has issued the PCN correctly. In this instance, the operator has failed to provide a copy of the contract. As such, I am unable to confirm if the contract meets the requirement of the British Parking Association (BPA) Code of Practice section 7. Therefore, in this case, I am unable to confirm that the operator has landowner authority to issue PCN’s on the site in question. As such, I can only conclude that the PCN was issued incorrectly. Accordingly, I must allow this appeal.

Coupon-mad

In this instance, the operator has failed to provide a copy of the contract.

haha, well done!

Please can you update 'POPLA Decisions' with a link to this thread, saying which PPC you beat?!