SpringParking PCN against the company's truck

andrewlato81

Good morning all,
My first post-sorry for the length of it!!!

I am here to ask for help with second stage appeal (POPLA) against SpringParking.

I work as a truck driver for UK based company.
On the 23/04/2018 I parked up in what I can describe as layby on Thompson Rd Manchester, went to cafe for approx 10min and got back to truck to find SP operator issuing ticket for parking in 'NO parking area'. He said the land was private and pointed to hardly visible sign located approx 7meters away from layby(grassed area). The ticket states that truck was parked on Twinning rd, which is next to the location where I was.

I have read some post on here and decided to appeal on grounds that veh was parked elsewhere than stated on the ticket and it was parked on public road(layby). It was done in keepers name(company) (by email on 20/05/2018) without identifying the driver. Here it is:

Dear Sir/Madam,

Re PCN number: xxxxxxx Vehicle registration xxxxx

We appeal and dispute your purported 'parking charge'.

We are the vehicle keepers for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (POFA act 2012) and We write to formally challenge the validity of this PCN.

As the keepers of the vehicle we deny liability and consider the PCN an absolute disgrace and pure intimidation.

There will be no admissions as to who was driving and no assumptions can be drawn, nor was there any agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established in ParkingEye Ltd v Beavis, which is fully distinguished.

The vehicle in question was not parked on private property, as suggested on the PCN.

In addition to above, the vehicle in question was parked at the time of alleged offence on Thomson Road, Stretford, Manchester and NOT at Trafford Point, Twining Road, Stretford, Manchester as suggested on the PCN. We suggest you study your own evidence taken by your operator to decide where exactly the vehicle was parked.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for any parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why Spring Parking Notice to does not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Should you fail to cancel this PCN, We require the following information with your rejection letter:

1. Please provide dated photos of the signs on site, which you contend formed a contract.
2. Please provide all images taken of this vehicle on that day, at the material location.
3. Please provide POPLA code so we can take it further.


We will use POPLA (if offered) not the 'IAS' which has been exposed in Parliament as compromised by a conflict of interests with the IPC- to formally challenge your false PCN. The BPA were also heavily criticised and both appeals systems were condemned - hardly surprising for an industry where so-called AOS members admitted in recent years to letting victims 'futilely go through the motions' of appeal and saying on camera 'we make it up sometimes' (BBC Watchdog). Firms of your like were unanimously criticised in 2018 as operating an 'outrageous scam' (Hansard 2.2.18).

We have kept proof of submission of this appeal and will also be making a formal complaint about your predatory and aggressive conduct to your client landowner CBRE.

Yours faithfully,
(company's name)

On the 29th May I got email back saying this:

Thank you for your representation you made on receiving a Parking Charge Notice with the above reference number.

We have considered everything on your letter including any evidence enclosed but do not feel that you have made grounds for cancelling the Parking Charge Notice and as such payment remains due.

Your vehicle was parked on our client!!!8217;s property which is private land, in a NO PARKING AREA. More evidence can be viewed online by visiting xxx

We are fully compliant with British Parking Association regulations on signage, and confirm that there is adequate signage at this site that is visible, appropriately located, clear and legible, so the Parking Charge Notice is fully enforceable. There are adequate warning signs mounted prominently in the car park. It is the motorist!!!8217;s responsibility to ensure all signage is checked and understood before a vehicle is parked.

This area needs to be kept cleared at all times in order to allow access for emergency vehicles. Any vehicle parked may have enforcement action taken. It is the motorist!!!8217;s responsibility to ensure all signage is checked and understood before a vehicle is parked.

If you have already made payment for your parking charge notice, please ignore the below:
You now have a number of options;

Pay the Parking Charge Notice online or by calling our 24 hour payment line on 0330 008 0454 or payment can be made by posting a cheque made payable to Spring Parking Ltd. and sent to the above address. Please quote your !!!8216;Parking Charge Notice!!!8217; Number and your vehicle registration number on the reverse.
Make an appeal to POPLA within 28 days by going online and completing the form at xxx. Please be advised that if you opt for independent arbitration of your case, the Parking Charge Notice will be charged in full at £95.00. Your POPLA reference number is xxxxxxx . By law we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above. Please do not make a payment if you will be appealing through POPLA.
If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you. This may incur additional costs.
Kind Regards,
Appeals Desk

It mentions some nonsense about car parking signs(it was a layby), and emergency access required(no on site signs regarding this). Obviously they have not replied to 'wrong location point'.
On the 29th May(same day) company received NTK asking who the driver was, giving them 28 days to deal wit it. I spoke to Fleet manager and he agreed with me to take it to Popla, without identifying me as a driver for now.

What points do I raise with POPLA? Just the wrong location?
The laybyis clearly defined, has no markings on it,the 'NO PARKING SIGN' is approx 7m away attached to large advertising board, it is on grassed land. It is misleading and unclear in my opinion, as it could be interpreted as restriction applying to grassed area due to distance from layby to sign.

The BPA code of conduct p29.1g says 'detailed location must be on the ticket' - but they got it wrong here claiming I was parked elswhere. I would like to ask what else I need to put in POPLA appeal? I have found some other members posts and planning to use a template plus add some more info from myself.

All help will be appreciated.
Andre

System

Can you share the location using Google Street View?

andrewlato81

hi
maps location(old mapping)
mapstreetview.com/#vu504_-1e8u9_16.a_-ug43[/url]

It has change slightly, I don't know how to upload pic on here...

nosferatu1001

https://mapstreetview.com/#vu504_-1e8u9_16.a_-ug43

You could always find out how to upload one!
Provide the full URL but change "http" to "hxxp", after uploading the pic to something like tinypic. DO NOT use photobucket.

andrewlato81

I was hoping to upload pic from my computer...it would show current layout of the site

System

I would contact the council to check if the road is adopted. The "road" as far as the council is concerned goes all the way up to the boundary so the grass bits may still be the highway. So check.

At the same time, it may pay you to name yourself as the driver to keep the company out of the loop and take the flak from Spring so we can help you. Make sure you have proof you have told Spring about the driver and their signs failing to convey any restrictions clearly.

Let us know what the council say about the space and if it is highway, what are they going to do about it.

nosferatu1001

andrewlato81 wrote: »

I was hoping to upload pic from my computer...it would show current layout of the site

Yes, so use a site such as TINYPIC to upload the pic from your computer, it then gives you a web address to the picture which you post her e- changing http to hxxp.

fisherjim

Looking at the various Streetview images it's really difficult to imagine what is highway and what isn't.
Usually where the Google car stops shows what the driver understands to be the border, though that's not always correct.


The only way is to contact the council, but unless things have improved the signage is non existent.

andrewlato81

Current up to date pics from the scene:

[IMG]hxxp://i67.tinypic.com/ani2w.jpg[/IMG]
[IMG]hxxp://i66.tinypic.com/2eyaqty.jpg[/IMG]
[IMG]hxxp://i68.tinypic.com/2w30siq.jpg[/IMG]
[IMG]hxxp://i65.tinypic.com/hs7tc9.jpg[/IMG]
[IMG]hxxp://i64.tinypic.com/2liadl1.jpg[/IMG]
[IMG]hxxp://i68.tinypic.com/1hv22o.jpg[/IMG]
[IMG]hxxp://i64.tinypic.com/9aahle.jpg[/IMG]
[IMG]hxxp://i65.tinypic.com/2iviskg.jpg[/IMG]

Hope this helps,

Council won't confirm whether it's adopted road , their map is out of date and it's showing as not adopted. I'd have to send them formal enquiry by email with response time of 2-4weeks...

System

The pic of the sign is key. The wording their says "No Parking at any time". It is not offering parking at all - so no contract and no breach of contract.

Read up on "forbidding contracts". See which of the boxes the sign ticks - more than one

https://www.nolo.com/legal-encyclopedia/unenforceable-contracts-tips-33079.html

fisherjim

http://i67.tinypic.com/ani2w.jpg
http://i66.tinypic.com/2eyaqty.jpg
http://i68.tinypic.com/2w30siq.jpg
http://i65.tinypic.com/hs7tc9.jpg
http://i64.tinypic.com/2liadl1.jpg
http://i68.tinypic.com/1hv22o.jpg
http://i64.tinypic.com/9aahle.jpg
http://i65.tinypic.com/2iviskg.jpg


It looks like it may be private land, but they PPC must prove that if you challenge in your POLA appeal, but the whole site looks to be devoid of conforming signage to me.


In addition to what IamEmanresu has told you, that one tiny sign isn't good enough, take a look at the BPA COP:


http://www.britishparking.co.uk/write/BPA_CodeofPractice_v8.pdf



Throw all the relevant POPLA challenges at them, don't just rely on one thing sometimes POPLA assessors are dim.


Remember it's up to them to justify their silly game, you then pick their POLA submission apart with your own evidence.


In my view that last pic says it all!