Fighting PPC after identify driver...

elkestro

Are all defences against PPC's based on not identify the driver?

I have foolishly admitted driving to Parkingeye.. is all hope lost?

There are grounds of poor signage, but that is about all, apart from the fact that the charge is unfair, and ParkingEye are pure evil.

I parked for 11 minutes at Starbucks, Chiverton Cross cornwall for 11 minutes. Pulled into carpark (along with sister who was meeting us in her car and who is facing the same) to find starbucks closed. googled around for 10 minutes trying to find a coffee shop open on a sunday evening, gave up and left.

a week later we both recieved NTKs / PCN for £100 from Parkingeye for using the carpark beyond the maximum time of 0h and 0m.

The car park entrance states parking limited to 2hours. The signage once in the carpark is 10ft up on poles, and states the permitted hours and "no parking outside this time" but you have to enter the carpark to read it.

i have complained to Starbucks but they said its not their land. I have appealed to Parking eye on the grounds that you cant read the no parking sign till you are already in the car park. They sent an email stating my appeal was unsuccessful.

next step POPLA?

any guidance appreciated!

Quentin

Yes popla next.

Read up in the newbies FAQ thread near the top of the forum on constructing a popla appeal and put it up here for comments

Redx

read post #3 of the NEWBIES sticky thread and draft a popla appeal to suit

a driver appeal can be made , but POFA2012 goes out of the window , as does NTK issues etc

so the appeal is made on stuff like

NO VALID CURRENT LANDHOLDER CONTRACT
POOR AND INADEQUATE SIGNAGE
BPA CoP failures
Not the same as BEAVIS

etc

elkestro

Thanks for the quick responses.

I have read most of the newbies thread.. eyes started going crossed after a while.. hence my question about appealing after identifying myself. Ill get to work on the POPLA wording..
Thanks

Quentin

Don't try and take it all in at one sitting.

Coupon-mad

are all defences against PPC's based on not identify the driver?

No, of course not, there are loads of threads here every day and we always see people like you.

Your main points will be lack of a Grace Periods (BPA CoP and Kelvin Reynolds words, search the forum), and 'unclear signs' for which you have to spend 10 minutes reading and going to the stores to try the door/read the opening times and work out that in fact, they are closed.

And you could bung into the usual 'no landowner authority' point, a couple of lines saying that PE have not evidenced that they can operate two different regimes (one offering two hours free, and one disallowing parking). State that any landowner witness statement will no doubt fail to set out the opening times, what they are, and when enforcement can take place, let alone the date/time and VRN of the car involved in this instance. No definition of the enforcement regulations has been demonstrated, and no evidence that this is the landowner's authorised intent.

The_Deep

Hang on, you are allowed 11 minutes to read the signs. As they are 10 feet above the ground, how long did it take you, did you have to find a ladder?