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Private parking ticket appeal
richard-
Posts: 147 Forumite
Can anybody help me out
I received the following NTK letter by post (fig. 1). The car park is a visitor car park, no permit required from 6am-12am (daytime hours). Parked in the car park at 6.45am
The following is shown as signage (fig. 2) and visitors see the following notice in the car park of parking times (fig. 3).
The letter was received by post, within 14 days by requesting dvla data.
I emailed the below response:
I received unsuccessful appeal reply. (fig. 4, fig. 5)
Can anybody assist what to do with the appeal?
Thank you in advance
fig. 1
fig. 2
fig. 3
fig. 4
fig. 5
I received the following NTK letter by post (fig. 1). The car park is a visitor car park, no permit required from 6am-12am (daytime hours). Parked in the car park at 6.45am
The following is shown as signage (fig. 2) and visitors see the following notice in the car park of parking times (fig. 3).
The letter was received by post, within 14 days by requesting dvla data.
I emailed the below response:
Dear Sir/Madam
I note your notice to Keeper dated xx xx 2017 I have, as requested forwarded this document to the driver of the vehicle at the time. There is no presumption in law that the Keeper of a vehicle is also the driver unless proven otherwise. Please provide all evidence you will rely upon that proves the identity of the driver, as you will be aware you must prove your claim initially.
You do not seem to be making use of the provisions of POFA then I, the keeper, cannot possibly be held liable for the transgressions of the driver.
There is no reason in law that they registered keeper can reasonable be assumed to be the driver. Elliot v Loake, a criminal case with clear forensic evidence, does not help you here, unless of course you can provide suitable forensic evidence.
Your signs are of a prohibitive nature and therefore cannot possibly form a contract that be breached.
I do not expect to hear from you again, other than to confirm that no further action will be taken on this matter.
I received unsuccessful appeal reply. (fig. 4, fig. 5)
Can anybody assist what to do with the appeal?
Thank you in advance
fig. 1
fig. 2
fig. 3
fig. 4
fig. 5
Audi - Vorsprung durch Technik 
0
Comments
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Read up on preparing s popla appeal in the newbies FAQ thread near the top of the forum.
Put it up here for comments before sending it0 -
see post #3 of the NEWBIES FAQ sticky thread about popla appeals
the PPC is 1parking0 -
Am I getting this correctly?
The car park is free from 6 am till midnight.
You parked at 6.45 am.
The signs confirm the time it is free.
They have turned down your appeal.
If that is correct, you don't need much help here.
Appeal to POPLA on that one point with the evidence of the signs and you can not lose.
Personally, I would let them take me to court, threaten them with a Data Protection claim and make them lose a bundle.0 -
Am I getting this correctly?
The car park is free from 6 am till midnight.
You parked at 6.45 am.
The signs confirm the time it is free.
They have turned down your appeal.
If that is correct, you don't need much help here.
Appeal to POPLA on that one point with the evidence of the signs and you can not lose.
Personally, I would let them take me to court, threaten them with a Data Protection claim and make them lose a bundle.
The signs confirm it's free only for visitors to the businesses0 -
The signs confirm it's free only for visitors to the businesses
Don't think is says "only" and the larger type sentence saying that it is free from 6am till midnight has no addendum saying it was free for visitors only. In fact, it says that parking restrictions apply only from midnight till 6am.
Don't know if OP was a visitor to one of the businesses or not.
No restrictions on leaving site if OP arrived early and then went for a breakfast till the business he was visiting opened.
The wording is too loose for the claim to stick.0 -
On the photo I have downloaded it says:
"Parking on this level is free for visitors to businesses", and to get a one night permit from one of the businesses if you want to park there overnight0 -
And how will the PPC evidence whether the driver/passengers were visitors to businesses? That's a section for POPLA.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Hopefully the OP can get the business to get it cancelled0
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On the photo I have downloaded it says:
"Parking on this level is free for visitors to businesses", and to get a one night permit from one of the businesses if you want to park there overnight
Is that fig 2? I was referring to fig 3 which has no such restriction.
The permit obviously applies to overnight parking.
The signs are, at best, confusing and in that case, the interpretation that is in the consumer's favour wins.
My appeal would be based on fig 3 and, of course, the location of the signs is important as to which one would be most likely to have been seen by the motorist. There is no "see other signs in car park for full details" on fig 3.0 -
I don't see any picture in fig 3, just a blurred thumbnail which is just this link to a photo:Is that fig 2? I was referring to fig 3 which has no such restriction....
.
https://imageshack.com/f/poPmdx9Rp (takes you to a download link)
Which has the wording I quoted0
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