To appeal or not to appeal

Tinkerbell1

Help and advise needed

My husband is disabled and received a parking notice from PARK WATCH he does not drive as he has had a stroke and brain hemoridge, I appealed online due to the fact I was parked using a disabled badge next to the bank and was there for less than 7 minutes, I had to park there as the bank on our town has closed and that one is the nearest to us and my husband cannot be left at home alone due to other issues I had to leave him in the car.
The area is now private land where I parked unbeknown to me as I have parked there in the past, the area is now no parking / no stopping at anytime, the signs are not clear and as there were double yellow lines I thought I could park there with a disabled badge!!! unfortunately I admitted I was driving, i got the usual rejection letter by email 22-10 saying I needed to pay the original Fine, but this is in my husbands name although I have told them I was driving I have had nothing except the appeal rejection email, so do I appeal or not?

Umkomaas

Who issued the parking charge?

Tinkerbell1

Park watch

Castle

Tinkerbell1 wrote: »

Park watch

Is that Park Watch Ltd or Defence Systems Ltd t/a Parkwatch?

Tinkerbell1

Just at hospital appointment will check when home

Tinkerbell1

It’s just Parkwatch?

Address is
Park Watch
PO box 3852
Chester CH1 9FY

KeithP

That's Defence Systems Limited trading as Park Watch - a BPA AOS member.

Your appeal rejection letter should contain a PoPLA verification code.

You now need to refer to post #3 in the NEWBIES FAQ sticky thread to discover how to create a winning PoPLA appeal.

What is the date on your appeal rejection letter - the letter with the PoPLA code?

Coupon-mad

The area is now private land where I parked unbeknown to me as I have parked there in the past, the area is now no parking / no stopping at anytime, the signs are not clear and as there were double yellow lines I thought I could park there with a disabled badge!!! unfortunately I admitted I was driving, i got the usual rejection letter by email 22-10 saying I needed to pay the original Fine, but this is in my husbands name although I have told them I was driving I have had nothing except the appeal rejection email,

It's not a fine.

There is nothing wrong with disabled poeple parking on double yellows for up to 3 hours and it is only because PPCs are all scammers, that they pretend their DYLs mean something else.

It's not in your husband's name any more if you appealed and YOU got the rejection email (unless they sent it to him?).

Who has that POPLA code, you or him, whose name is on the rejection letter/email?

Tinkerbell1

This is the attachment

Dear Ms White,
Thank you for your appeal letter regarding the issue of the above parking charge notice.
After reviewing the information provided within your appeal letter and the photographic evidence that was taken in support of the issued PCN,and although we have taken into consideration the mitigation that you have provided we have decided that the parking charge was correctly issued for failing to comply with the parking conditions at the Rugby Central Shopping Centre, Service Area 3. This area has clear signs in place to indicate No parking / No waiting at Anytime with regard to this particular restricted area. Your vehicle was parked in this area on 13th September 2018 for over 8 minutes between the times of 12.18 and 12.27.
We are following instructions by the landowner to manage this area for the safety of all users. You now have a number of options;
1. Pay the Parking Charge Notice at the price of £100.00
2. You have now reached the end of our internal appeals procedure, however, you have the right to
make an appeal to POPLA – The Independent Appeals Service at popla.co.uk. Please quote verification number Note: you have 28 days in which to appeal to POPLA from the date of this letter.By law we are also requiered to inform you that Ombudsman Services (https://www.ombudsman- services.org/)provides an alternative dispute resoultion 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 appealthen you must do so to POPLA,as explained above. Please note, appeals submitted to POPLA are not accepted for review if the parking charge notice has been paid.
3. If you choose to ignore this letter we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you.
Yours Sincerely Appeals Coordinator

Coupon-mad

You really shouldn't have appealed, your husband should. Hmmm...let's try to rescue it!

Did you give your postal address in your appeal, yes or no?

If not, I am thinking your OH does the POPLA appeal (or you lodge it in his name) saying that he got the POPLA code and the PPC know that he was not driving but have been unable to transfer liability to Ms White as they do not have an address for service, therefore he is appealing to POPLA as registered keeper and has chosen not the give the driver's full name and postal address, and not to transfer liability.

And he confirms he was NOT the driver and cannot legally drive, as he has had a stroke and brain haemorrhage.

Then he uses the usual template points from post #3 of the NEWBIES thread starting with No keeper liability as the PPC has failed to send him a Notice to Keeper (if the only PCN was a windscreen one).

Then the one about the appellant not being the individual liable, then no landowner authority, then unclear signs, then finally a copy of his Blue Badge embedded in the appeal word document, pointing out to POPLA, the fact the double yellow lines fail to communicate any 'no stopping zone' because that's NOT what DYL mean at all.

Prove that point, with embedded extracts from the Highway code and state that the DYL looked like any other, and there were no kerb blips so a disabled person is entitled to take from these lines the USUAL LAWFUL MEANING - and thereby legally park for up to 3 hours. If the PPC wanted to communicate a no stopping area they could have painted double red lines, or kerb blips, or hatchings, but they did none of this, so they invite disabled people to park by their own failure/omission in the signs & lines.

Add that DYL operate 24/7 and never need a sign (at all, not even on street) so the PPC cannot be heard to say 'the driver should have read the signage'. No, not true, not with DYL.

End with HIS NAME NOT YOURS, as registered keeper, and do not write as driver.

Tinkerbell1

Hi Thankyou for the advise,
I emailed the appeal quoting his name and address and ended with my name.