NIMPS - Not in my parking space - Parker in wrong car park

Umkomaas

Prohibitive sign. No parking contract offered. A trespass only case which only the landowner can progress.

If it is the dentist who is taking the photos, you need to find out if they own the land. If they are just renting the premises, it's likely they won't have authority from the landowner to enter a contract with a PPC.

rsb1965purple

Brilliant, off with my camera tonight to get some photos I'll do it when they have all gone home, I'm a coward I know.

So if the signage is incorrect as in the example I could not only overturn the parking but counter claim for £250 ?

Umkomaas

So if the signage is incorrect as in the example I could not only overturn the parking but counter claim for £250 ?

A counterclaim would not be on the basis of misleading/incorrect signage. It *could* be on the basis of a breach of the Data Protection Act principles, but you would need to have a full grasp of what it is they've done wrong and how this might breach the DPA.

But you can only counterclaim if they first issue a claim against you. You could claim against them in your own right via MCOL whether or not they issue you with a claim.

But I'm afraid you're running away with this ideas before you've sorted out more basic issues like getting your initial appeal in, getting your POPLA code, then winning at POPLA. These are the building blocks for anything further.

Coupon-mad

Because the ticket was issued through the post do I still have to wait 26 days to appeal it ?

Nope. No need to wait. Did it arrive by day 15?

Can you show us the PCN, I've never seen one from them...

rsb1965purple

Visited the car park the other night, sure enough the signage is exactly as the one posted on there website so I have that going for me so thats a good thing.

But now heres the question. I go to fill the appeal form online. There are 3 options for user status , Driver (which I obviously am not)
Owner
Hirer

Now with a bit of research, in law the owner is not the same as keeper. The DVLA make a point of saying that the person named on the registration document is not necessarily the owner. So which is it ? Feels like a trap to me.

Coupon-mad

I would put 'owner'..

Can we see that Notice they sent? Was it received by you, by day 15 and does it mention keeper liability?

DoaM

Is there not an Other option? Is this selection manadtory?

If in doubt, select Owner then make clear in the wording that the appeal is as Keeper but the Owner option was selected as that is the closest option provided in the appeal form.

Is there not an appeal by post/email option? (Check the NTK. As C-m suggests, please scan the PCN/NTK [both sides], redact any personal info then host on an image site like imgur or tinypic. Post a link to it here, again changing http to hxxp).

Fruitcake

rsb1965purple wrote: »

Visited the car park the other night, sure enough the signage is exactly as the one posted on there website so I have that going for me so thats a good thing.

But now heres the question. I go to fill the appeal form online. There are 3 options for user status , Driver (which I obviously am not)
Owner
Hirer

Now with a bit of research, in law the owner is not the same as keeper. The DVLA make a point of saying that the person named on the registration document is not necessarily the owner. So which is it ? Feels like a trap to me.

You could either select "owner" with a caveat as suggested above, or send a keeper appeal by post, stating that this option was not available on their online appeal form.
Send first class from a Post Office counter and obtain a free proof of posting if you want to send a postal appeal. Don't use any other method of posting.

Please do complain to the DVLA about the improper wording, and also complain to your MP.

rsb1965purple

O.k I have gone through the process. The complaints process online is seriously flawed as it only allows 1000 characters for your complaint. Managed to get an E-mail out of them and send the blue text verbatim without having to add any extra clauses.

I have finally got my POPLA code. Where do we go from here

Fruitcake

rsb1965purple wrote: »

O.k I have gone through the process. The complaints process online is seriously flawed as it only allows 1000 characters for your complaint. Managed to get an E-mail out of them and send the blue text verbatim without having to add any extra clauses.

I have finally got my POPLA code. Where do we go from here

You make a PoPLA appeal.

Use all the template appeal points from post 3 of the NEWBIES that are relevant to your case. In addition, add that the signs are forbidding. Do a search of the parking ticket forum, selecting show posts, using the keywords forbidding signs to find ones you can crib.
Go back through this thread and make a note of all the points other posters have commented upon, and make sure you include all of those.

Post your draft for the regulars to check here before submitting it.

What happened when you complained to the DVLA about the misleading signs as previously suggested in post 11?