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PCN with PE Stage 1 - Should I include photographs at this stage or examples?

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Hi Guys,

So myself and one other person got PCN's from Parking Eye, a bit of research shows that it seems to be a fairly common area for them to try this with two news articles on successful appeals against PE for inadequate signage.

A quick look on Google indicates there are no signs about it being a parking fine area at the entrance (last updated 2017) but I intend to go tonight to get some photographs myself prior to the appeal.

My question is should I include these photographs and the two articles demonstrating that the signage is not considered appropriate at the first appeal stage or should I wait for the inevitable rejection and submit them at the POPLA stage?

Kind regards
«1345

Comments

  • Umkomaas
    Umkomaas Posts: 43,385 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Leave until you appeal to POPLA.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • PEripoffs
    PEripoffs Posts: 31 Forumite
    Thanks, with there being two of us would it be wise to provide witness statements for each other at the POPLA stage?

    I know I am jumping ahead here but just preparing
  • Coupon-mad
    Coupon-mad Posts: 152,078 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes it won't hurt.

    Do you both have PCNs with the POFA paragraph on the back, not 'Golden Tickets'?
    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 THREAD
  • Sorry didn't get a notification that I had a response - Yes we do, both have appealed using the text, one of us has just got a response letter with POPLA number, think another is likely on it's way.

    I have taken photos of the carpark and I was slightly surprised to discover there were a number of signs, however I did take a photo of a large sign that was extremely damaged which clearly had some text on it indicating the parking was paid.

    In addition the signs are at the same level as the trees which grow around there which can completely obscure the signs from certain angles - not to mention they are the usual extremely unclear ones that Parking Eye seem to use deliberately to try and collect fines.

    Finally I am looking at the images provided and I am not convinced that the car actually stopped - there is a central section which it looks like the car is driving around to turn around. They haven't actually provided any evidence of the car parking in a bay
  • PEripoffs
    PEripoffs Posts: 31 Forumite
    edited 5 September 2018 at 10:55AM
    Hi Guys,

    So I have started putting together my POPLA document (docs.google.com/document/d/1MhLqDLcHzgRf8TJdQDtW4d_1udlKZaUEdLywlab3rh4/edit?usp=sharing), I have been amending points other people have previously used with my own information (highlighted in blue) but there are two things I wanted to clarify:

    1. What should my witness statement say - so there was someone who was in the exact area willing to give a statement on the fact they didn't see any signs where the car was parked & also that the signs were heavily damaged at the entrance. If it matters this person isn't related to me.

    2. There is at least one previous case at this exact parking lot where in court it was argued in court and was found in favour of the motorist, ParkingEye lost.

    3. There are other people publicly leaving reviews for the business where they have also been sent a PCN - does this support my argument further? (can be viewed on trip advisor)

    4.The images seem to suggest the car was turning around (the angle the car is at is very odd), I did request further images as per the statement on the newbies post but unsurprisingly these have not been provided.

    Also just a little note to say thank you for all you guys helping out here, it's massively appreciated!
  • Le_Kirk
    Le_Kirk Posts: 24,602 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Are you compiling a POPLA appeal or a Defence and Witness statement, which generally come later in the process. If POPLA, just search for successful POPLA appeals from here.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    send them an SAR under the new GDPR, giving them 30 days to respond, its the law , use it
  • tboo
    tboo Posts: 1,379 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    If this POPLA appeal is in relation to your other thread

    https://forums.moneysavingexpert.com/discussion/5884366/pcn-with-pe-stage-1-should-i-include-photographs-at-this-stage-or-examples

    then I suggest you merge this thread into it
    “You’re only here for a short visit.
    Don’t hurry, don't worry and be sure to smell the flowers along the way.”
    Walter Hagen


    365 Day 1p Challenge for 2021 #41 ✅
    Jar £440.31/£667.95 and Bank £389.67/£667.95

  • I am now at the POPLA stage - please see this thread : forums.moneysavingexpert.com/showthread.php?t=5890916
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Why have you started a new thread? When all the info is here?
    Stop replying to that thread and continue here.
This discussion has been closed.
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