PCN for 'No Waiting'.

Lanciadeltaintegraleevo2

Evening All. Happy Christmas!

First time posting here, or on any forum, so bear with me.

Situation: PCN received as registered keeper for 'No Waiting', but registered keeper was not the driver. There has been no admission as to who the driver was.

I have been reading on here for weeks and have put together the basis for a POPLA appeal, as the PPC rejected my initial appeal against the PCN. I have learned a great deal but part of me thinks a little knowledge is a dangerous thing...…..

I appreciate this is all cloak and dagger stuff but I will answer anything you ask me directly that will aid you in advising me whilst not attracting unwanted interest!

I will await some initial contact from you wonderful, helpful people and will then look to post my draft appeal tomorrow for your consideration.

Thanks in advance, for any advice and guidance you may provide for me.

Umkomaas

I appreciate this is all cloak and dagger stuff but I will answer anything you ask me directly that will aid you in advising me whilst not attracting unwanted interest!

How about - are you using your real name as your username here, Lanciadeltaintergraleevo2? (!!!!!!) :rotfl:

More details required - this isn't MI5 stuff.

Which PPC? What kind of parking charge (type of car park)? Date of contravention? Date of NtK issue? When is your POPLA deadline?

Lanciadeltaintegraleevo2

Glad you liked the u/n! My first ever response on a forum! Cheers Umkomaas!!

It was going to be Black-bird97 until the message told me my email address already existed. Must have registered last week and forgotten; getting old @ 56+.

I thought we were advised not to say too much on here as PPCs monitor site? I appreciate you guys need something to go on.

Answers to your questions:

Park Watch.

PCN for 'No Waiting'.

Not a car park as such; Rugby Central Shopping Centre - Service Area 3.

If I give 'Date of contravention? Date of NtK issue?' will that not direct them straight to my reference number? D o C was first half of November. D o NtK issue was just over a week after that so can't appeal on timings, although I am wondering about a number of other issues already drafted in to my initial POPLA appeal. Very happy to share that when requested (need to tweek quite a bit so will not be until tomorrow at the earliest)

POPLA deadline is within the week. Looking to submit on 1st Jan. at the latest.

Umkomaas

There are very few regulars around at this stage of the holiday period, so I wouldn't be too optimistic about how much help you might get in critiquing a POPLA appeal near to the last minute.

Suggest you stop worrying about disguising everything to the point of supplying insufficient info for us to go on (there are almost 7 million tickets issued a year, so the chances of a bitpart Operator scouring the depths of the ether to discover a single ticket case of theirs and copying everything to use against you) are pretty remote.

Just put up your POPLA draft and hope someone can have a quick look at it over the next few days.

Half_way

The obvious thing that most miss is the complaint to the landowner.
If succesful this will cut out a lot of time, espcialy in trying to string together a coherant POPLA challenge.
When you say no waitng, how long was the vehicle stopped?
less than 10 minutes or more?


What was the purpose of entering the service area? to pick someone up, load/unload, lost driver ie a mistake where the driver had to pull over to check where they were

Lanciadeltaintegraleevo2

Ok, won't get my hopes up re: lots of help. A couple of good pairs of eyes will do.

I appreciate that and will give you any info you need.

I will get the draft on here asap and take it from there. Can probably submit to POPLA up to the 2nd Jan.

Thanks so far.

Redx

no parking contract offered if it wasnt a parking area, therefore its trespassing and forbidding signage , never mind any other arguments , so no parking is offered so no contract is accepted by the driver, never mind if an apellant is or isnt liable

Lanciadeltaintegraleevo2

Hello Half-way.

Tried the landowner last week. Holiday time, no-one there and difficult to establish who it actually is. I went to management suite to speak with someone but they had gone on holiday, not surprisingly. Security gave me an email address to try for the management company not the owners. That email will not be read until 31st December at the earliest but will try that.

I am now committed to POPLA as I have been reading for weeks, spent hours already over the last couple of days on the draft.

Stopped for 19 minutes 39 seconds according to their photos. I take this to be less than two lots of 10 minutes (or is it now 11 minutes either end?).

Dropping off someone to visit the loo directly across the road from the service area. I understood that mitigating circumstances count for virtually nothing......

Redx

no parking period was offered so the only grace time is to stop, read the signs and depart

as I said, no parking contract was offered, so none accepted, its forbidding signage


mitigation doesnt count at all, no virtually about it , it was and is nothing , zero

Lanciadeltaintegraleevo2

Hello Redx!

No contract is one of my stronger points in my draft. I will post tomorrow and hope you can have a look. I have looked at lots of successful POPLA appeals and have really gone for it today by including many possible winning strategies. I may have overdone it!! I am happy to be advised on what to remove, add or alter. The sign refers to permit parking so I probably need to include the text from some signage for you to see. You are right, however, there was no offer of parking for Joe Bloggs.

Redx

if the driver has not been divulged, then its up to the PPC to prove that the keeper is liable under POFA2012

if they have sent out the notice to arrive by day 15 , plus included the POFA wording, then they would have complied with POFA, making the KEEPER appeal based on POFA irrelevant, so sometimes a driver appeal is more relevant

the driver was not offered a parking contract as it was forbidding signage, permit only , so no permit = no contract

decide on the strategy that works best for this case, POFA2012 is only good for a non-driving keeper if the PPC failed POFA2012, otherwise its useless


grace periods for this are possibly up to 10 minutes , to a non-permitted driver

its the permitted driver that has the grace period at both ends