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POPLA appeal rejected - SIGNAGE

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
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PercyPenguinPercyPenguin Forumite
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edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
Hi,
I got a UKPC ticket at West Mid hospital. I appealed it as there is no mention of UKPC on the sign at the entrance to the car park nor any mention of any terms and conditions applying.
They have rejected my appeal and I am preparing to go to the small claims court.
I would dearly love to discuss this with someone who has knowledge of the process and the law involved.

Many thanks in advance.

Replies

  • edited 30 June 2017 at 6:35PM
    Coupon-madCoupon-mad Forumite
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    edited 30 June 2017 at 6:35PM
    Surely you are preparing for POPLA, if you've had a first appeal rejected? Oh, just saw your heading - you actually lost at POPLA. That's rare. We guess you said who was driving, so can't use 'no keeper liability' in defence?

    So, start by reading post #2 of the NEWBIES thread which prepares you for the court stages, in detail.

    Have you got a court claim from the CCBC?

    Or just a threat of court from some old scumbag debt collector (ignore them, of course)?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • PercyPenguinPercyPenguin Forumite
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    No, UKPC rejected my original response to their ticket.
    POPLA have now rejected my appeal.
  • RedxRedx Forumite
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    read post #2 of the NEWBIES sticky thread

    its the best free advice you will get, plus its up to date too

    and complain to PALS and the CEO of the trust and insist that they cancel the pcn, and quote the NHS guidelines at them too

    https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

    ps:- you should have come here for advice on your popla appeal, whilst drafting it, we cannot turn back the clock for you
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • PercyPenguinPercyPenguin Forumite
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    Yes, I have read many of these threads but my question is this:

    What is the legality of an invoice (PCN) issued in a car park that does not have an entrance sign which advises that UKPC manages the car park or that additional T&Cs apply (signed elsewhere). The car park has automatic barriers at entry and exit.
    I am reckoning this will go to the small claims court so would appreciate advice on the legal aspects.
    Thanks.
  • Coupon-madCoupon-mad Forumite
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    You need to read the BPA Code of Practice. It is not about 'legality' (anything goes, pretty much, with this scum industry) but the only rules are in the BPA CoP, which says entrance signs have to be used in most - but not all - car parks.

    Read the CoP (Google it) and you will know what you can say as part of your defence. You will know if that car park is one that doesn't need entrance signs, or maybe that it does. Either way, you can still defend this if they try a claim.

    All the legal aspects will include all the usual things in the NEWBIES thread post #2. And a defence won't just be about signage, that's why there are example defences there in that thread. Some people win on small technicalities or even just by challenging the Rights of Audience of the solicitor's agent who rocks up to a hearing. It's about much more than signs.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
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  • PercyPenguinPercyPenguin Forumite
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    Or, to put it another way, if UKPC have clearly failed to follow the BPA Code of Practice regarding signage, will they fail in court?
  • RedxRedx Forumite
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    signage is always a major factor in popla and court cases

    read what the BPA CoP says

    also read the CRA2015 too

    only a judge can determine the legal aspect, but poor and inadequate signage is ALWAYS a feature of court cases , so lack of signage or clarity will be one of several defence points for the MCOL defence , as will the BPA CoP clauses

    read a dozen or more recent court case defences on here (from 2017 only) to see what those defence points are

    read parking pranksters blogs to see what has won court cases, plus the transcripts he hosts too

    and read the 2017 posts by loadsofchildren123 to see plenty of legal arguments from a solicitor`s perspective
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • PercyPenguinPercyPenguin Forumite
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    Been there, done that
  • Coupon-madCoupon-mad Forumite
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    Or, to put it another way, if UKPC have clearly failed to follow the BPA Code of Practice regarding signage, will they fail in court?

    No, it's not that simple. That's why you need more in a defence.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • RedxRedx Forumite
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    Or, to put it another way, if UKPC have clearly failed to follow the BPA Code of Practice regarding signage, will they fail in court?

    you would certainly think so, but court is judge bingo and a lottery and nothing is 100% guaranteed

    so the words "will they fail in court ? " cannot be answered

    only "should they fail in court ? " = YES , they should fail in court due to failing the BPA CoP

    BEAVIS thought he would win , 3 times , he didnt
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
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