PCN issued - I was loading/unloading - worth appealing to POPLA?

FunFunFun

I can’t find a thread on this particular aspect, apologies if there is one.

I got a PCN for staying for 14 minutes in a private car park (there is a 10 min grace period). I was unloading heavy equipment for a job at a restaurant/entertainment venue - unloaded and then went to park elsewhere. I thought that as you can load/unload even on double yellow lines I would be fine. I have unloaded at this venue before and had no problems, I must have always been in and out the car park in under 10 minutes. I appealed and said mitigating circumstances (loading/unloading heavy equipment) because I hadn’t read this forum at the time. My appeal was declined.

Is it worth doing an appeal to POPLA? On the basis of -
- I was parked in the loading bay/area for the venue so not using a space (not preventing anyone else parking and paying) - though I can’t prove this as the CCTV just covers you going in and out of the car park, I think.
- Only there 4 minutes outside the grace period (all day parking there would have been £2 as was on a Sunday) - fine is disproportionate? Not sure if this works since Beavis.

Is this pointless?

Redx

CCTV is irrelevant

if they took pictures they used ANPR at the entrance/exit , nothing else

loading/unloading is not parking

the BEAVIS argument killed that disproportionate argument , 2.5 years ago

just follow the advice in the NEWBIES FAQ sticky thread, its all been updated this week, so it your "bible"

grace periods will be one of many legal arguments

draft a POPLA appeal based on post #3 and post it on here for critique (same as everyone else is told to do)

which PPC was it ?

Umkomaas

Read Jopson v Homeguard at the top of the following page.

http://www.parking-prankster.com/more-case-law.html

FunFunFun

Thank you. The PPC is Northern Parking Services.

Umkomaas

FunFunFun wrote: »

Thank you. The PPC is Northern Parking Services.

Know your enemy.

https://bmpa.zendesk.com/hc/en-us/articles/203549682-Northern-Parking-North-East-Limited

Coupon-mad

Is it worth doing an appeal to POPLA?

Yes, always.

On the basis of -
- I was parked in the loading bay/area for the venue so not using a space (not preventing anyone else parking and paying) - though I can’t prove this as the CCTV just covers you going in and out of the car park, I think.
- Only there 4 minutes outside the grace period (all day parking there would have been £2 as was on a Sunday) - fine is disproportionate? Not sure if this works since Beavis.

Don't say it was only 4 minutes OVER the grace period! No, that's inviting a POPLA bad decision.

Under the BPA CoP section on Grace Periods, they have to offer a MINIMUM (not maximum) ten minutes grace period, and Kelvin Reynolds of the BPA has written in an official article that this period WILL VARY depending upon the circumstances.

Go and find that article and use it. Clue - simply search this forum for 'Kelvin' and change the default to SHOW POSTS.

So, if you describe what was taking place - the equipment was very heavy so would need longer than say, unloading some bags. Show POPLA some lovely colour photos of the equipment you were struggling with, and ask them what they think a loading bay area is actually for?! If not this sort of activity?! Lay it on thick with detail about what was required to unload this equipment, and refer to the case Umkomaas showed you, where a Judge held that life would be 'unworkable' at a location if penalties for alleged 'parking contracts' were slapped on vehicles taking a reasonable period of minutes to unload.

The Judge also defined parking and distinguished loading completely as not the same thing:

Umkomaas wrote: »

Read Jopson v Homeguard at the top of the following page.

http://www.parking-prankster.com/more-case-law.html

Add that no signs were seen about any contract, because there are none applicable to the loading bay that are capable of granting a licence to park (when this area is not for parking).

Shove in the other usual template POPLA points from the NEWBIES thread post #3, and show us.