Will I win in court?

Parkerlore2013

Hi,

If someone was to receive a PCN from UKPC - and it was unsuccessfully appealed via POPLA. However, POPLA did not make a ruling on a pertinent point that was made. Does anyone have a view as to whether the pertinent point would stand up in court?

The contravention: Parking across multiple bays
The defence: UKPC claim that they clearly state only to park within 1 bay. This is not true. Actual wording on their signage: "ALL VEHICLES MUST BE PARKED ONLY WITHIN MARKED BAYS" - Please note that the plural of bay is used.

Say for example that the vehicle was indeed parked only within marked bays...3 of them, as a trailer was being towed. Therefore, it would seem that their conditions of parking have not been contravened.

If this went to court...would anyone have a view on whether this might be successful or not?

Many thanks,
A concerned citizen.

KeithP

Yes, I have the view that you might be successful.

But before going too far that way, can I ask have you based your forum username on your real name?

Then your really should ask MSE to change your username to something totally anonymous.

To help with that, you might like to read this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules:

Q. How can I change my username?

A. In most circumstances, this is not permitted.

The only reason we will change your username is if it puts your privacy at risk. This usually means you've inadvertently registered using your name, email address or something that gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com and request that it is changed, giving three alternative usernames in order of preference.

beamerguy

MarcAllen wrote: »

Hi,

I received a parking fine from UKPC recently. I appealed via POPLA but my appeal was rejected. However, they did not make a ruling on a pertinent point that I made.

My contravention: Parking across multiple bays
My defence: UKPC's claim that they clearly state only to park in 1 bay. This is not true. Actual wording on their signage: "ALL VEHICLES MUST BE PARKED ONLY WITHIN MARKED BAYS" - Please note that the plural of bay is used.

I absolutely was parked only within in marked bays...3 of them (I was towing a trailer). Therefore I do not believe I contravened their conditions of parking.

I am considering going to court to state my case. Would anyone have a view on whether this might be successful or not?

Many thanks,
Marc.

Unfortunately, POPLA has become a white elephant and no longer fit for purpose ...... no matter, for you, their failure to understand means nothing and is not binding. They are due to be put out to grass anyway.

What do the signs say about trailers and if they do, what do they say about parking the same ?

Half_way

A single point defence is never recommended you need to look at other points, see the sticky thread.
The only time a single point defence, in a case like yours could be recomended is if you:


Are testing the system, and you know plenty about private parking tickets, company's and how they operate, as you refereed to this as a fine, this doesn't appear to be the case.


Are prepared to lose in court, and pay the costs if it means you will prove/disprove a fact


Will be prepared to take it to appeal, if you want, again as above, and are prepared to pay any of the additional costs


There should be plenty of material to go an against UKPC that should be worked into a defence, by all means include the bay vs bays argument, but do not rely on it.
Out of interest, was the vehicle straddling two bays ( or more) or is this just a case of vehicle tyre slightly over the line?


Secondly, do not hint as to whom the driver could have been, do not use terms such as I, He, She, My Friend/partner/wife/son/daughter/husband etc

twhitehousescat

you need photos of the car / trailer to show the judge , you will also need tissues for him , as he starts crying at UKPC antics

Umkomaas

I am considering going to court to state my case. Would anyone have a view on whether this might be successful or not?

You are not in a position to take this to court. In relation to this parking charge, it will be UKPC who dictate the route it takes.

At the moment they seem only interested in those with multiple unpaid tickets. You may never get the chance to 'have your day in court', which you might well find somewhat of a relief given the amount of work you would need to do to simply defend yourself.

Will you win at court? - you need to ask the Judge that question as they will be trained in legal matters, not an Internet forum, manned by a few anonymous volunteers, proffering just their opinions. Dangerous ground to take such advice simply at face value!

Be careful what you wish for! We are not a legal forum.