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POPLA Appeal Lost - Ignored my main point

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
10 replies 329 views
Adzy28Adzy28 Forumite
4 Posts
edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
New to the site, read the FAQs etc but can't seem to find what to do in my situation.

I appealed a Park Watch charge located in New Mersey Shopping Park, Speke, Liverpool.

Thee grounds for my appeal were that I took my disabled grandmother to the cinema and parked where they previously had disabled spots 2 weeks before this and because we were late for the film I quickly pulled in without realising these disabled bays were gone and replaced with double yellow lines. I had a disabled badge on display however and there is no photos from them to suggest I didn't.

My appeal was rejected as follows:

The appellant has indicated that he was the driver on the date of the contravention. I will therefore be considering his liability as driver of the vehicle. As for establishing whether a contract exists, the operator has provided both PDF document versions and photographic evidence of the signage displayed on site. The signs state “Do Not Park On Double Yellow Lines. £100 Parking Charge.” I note the appellant’s comments and the evidence provided to support their reason for parking at the site in question. In the British Parking Association (BPA) Code of Practice, section 18.3 “signage tells drivers what your terms and conditions are, including the parking charges. You must place signs containing the specific parking terms throughout the site so that drivers are given the chance to read them at the time of parking or leaving.” Section 18 of the BPA Code of Practice also explains, that signs “must be conspicuous and legible and written in intelligible language so that they are easy to see read and understand.” I consider that the photographic evidence show that the operator met the minimum standards set by the BPA by displaying clear and sufficient signage throughout the car park in clear view to motorists. The operator has provided photographs of the vehicle parked on double yellow lines, as the appellant parked on yellow lines, he has breached the terms and conditions. Ultimately, it is the responsibility of the motorist to ensure that when they enter a car park, they have understood the terms and conditions of parking. If the appellant suspected that the terms and conditions of the site could not be complied with, there would have been sufficient time to leave the site without entering into a contract with the operator. By remaining parked on site, the appellant accepted the terms and conditions. On this occasion, the appellant has failed to follow the terms and conditions of the signage at the site. I conclude that the operator issued the Parking Charge Notice correctly. Accordingly, I must refuse this appeal.

Could anybody advise with what to do next, who to respond to etc.

Thanks

Replies

  • RedxRedx Forumite
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    you can complain about any breach of procedure to their lead assessor, JOHN GALLAGHER (this has been covered in dozens of posts about popla rejections , although it is extremely unlikely that JG will reverse the popla decision)

    after that , you can say your piece in court , to a judge , within 6 years , if the PPC issue an MCOL
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • Adzy28Adzy28 Forumite
    4 Posts
    Thanks for the reply, my point was that in the highway code it states you are allowed to park on Double Yellow lines for up to 3 hours as long as you are not blocking anything which I wasn't. I was definitely not there for more than 3 hours so I shouldn't have been issued the ticket and I'm not sure why the POPLA appeal hasn't taken this into consideration.

    How do I go about getting in touch with John Gallagher?
  • RedxRedx Forumite
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    this is private property , not the public road , and the blue booklet tells you that different rules apply on private land and that the badge has no value , plus the 3 hour limit is not valid either (its what the signs say that count)

    the EA2010 protects the person on private land , not the BB, but a judge may decide that the BB owner should not allow the vehicle to park on those double yellows and that the Highway Code does not apply


    you seem to be treating the BB rules for public roads as if they apply to private car parks , they dont


    check the popla website for the email details , which may also be on the popla decision , address the complaint to him directly , be it by email or by post
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • QuentinQuentin Forumite
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    Your blue badge has no privileges in a private car park. (Assuming that they ignored it was your "main point")
  • pogofishpogofish Forumite
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    Did the specific advice for what to do after a POPLA rejection not help you any?

    And your situation is fully covered at 1 2:2 in the Newbies Sticky.
  • Adzy28Adzy28 Forumite
    4 Posts
    Okay makes sense.

    So in the case I pay the fine, will I be liable to pay the £170 it has now risen to or will it still be £100 due to the fact I appealed it?
  • Adzy28Adzy28 Forumite
    4 Posts
    And no the what to do after a POPLA rejection isn’t what I’m after, I was concerned about the fact my main point for appeal was not answered in the rejection however I’ve now been informed that my main point isn’t valid as BB don’t work on private land
  • QuentinQuentin Forumite
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    Surely you aren't asking about the ins and outs of paying

    See # 3 in the FAQ for advice after popla fails!
  • RedxRedx Forumite
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    if you lose in court , you will pay what the judge states is the figure to pay (the judgment)
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • Coupon-madCoupon-mad Forumite
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    Adzy28 wrote: »
    And no the what to do after a POPLA rejection isn’t what I’m after, I was concerned about the fact my main point for appeal was not answered in the rejection however I’ve now been informed that my main point isn’t valid as BB don’t work on private land

    BB can apply if the Parking Firm want them to, and are a valid method to show disability need.

    And eeek, you said the landowner REMOVED disabled bays and replaced them with double yellows?

    What happened when you complained and threatened the New Mersey Shopping Park with a claim for disability discrimination, for removing disabled bays and failing to make it clear?
    So in the case I pay the fine, will I be liable to pay the £170 it has now risen to or will it still be £100 due to the fact I appealed it?
    You won't be paying 70p so please don't ask.

    You could sue, like I am encouraging this person to do:

    https://forums.moneysavingexpert.com/showthread.php?p=75756830#post75756830

    Get on with the complaint to the Retail Park Management and stop thinking this is a 3 figure fine to pay.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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