Can I still appeal?

greenwingnut

Hi Everyone.


Newbie here!
Just after some advise.
Maybe not done things the right way so far, after reading a few posts, but will give details of my situation, and whether I am still in a position to appeal.


I was visiting a friend in August, to drop of some boxes to his flat. Upon arrival I found a space and parked my van in the space. I then opened the back of the van and took 1 of the 3 boxes to his flat. I asked him for the permit, and returned to my van to get the other boxes. Another friend was in the car park, so I asked him to help me with the boxes, and we returned to my friends flat. The 2 trips from my van to his flat took no more than 4 minutes. From my arrival time, and returning to my van to get the remaining boxes, there was nobody, or any signed vehicle in the car park visible, from the parking enforcement company Wing. I then went into my friends flat, waited for him to give me the permit, and returned to my van, upon which there was a parking charge notice!
I probably then made my first mistake, as I called Wing parking and explained that I was getting a permit from my friend , and the PCN was put on my vehicle!
She basically said I had to appeal, and then abide by the decision! Well as expected, the appeal was rejected, and I was instructed to appeal to the land owner, Greenwich council, who again rejected my appeal, so I am now at the stage where I have to decide if its worth going to POPLA appeal.
The ticket claims I was on site without displaying a ticket for 11 minutes, which I dispute, although I didn't remember to get the arrival footage from my dashcam before it was overwritten to prove what time I arrived! so I don't really have any proof of how long from arriving on site to putting the permit in my van I was. As the parking charge notice was issued by a private company, on private land, do I still have a case for appeal, as at the end of the day, a permit WAS put in my van, just not in the time they are claiming, which I dispute. Also, as mentioned above, I never saw anyone, or any vehicle from the parking operator, so I think they were hiding around the corner, and disappeared just as quickly, once they had put the PCN on my van.
Any help is appreciated.
Thanks.

greenwingnut

I forgot to mention, I haven't received a Notice to keeper from the parking operator yet. Will they still need to send this legally, even though I have already contacted them and given them my details! (Idiot!). Also, the rejected appeal, was made by email from the parking operator, and I have received no posted letters from then, so is this legal??
Thanks again.

Fruitcake

You won't get a NTK if you told the scammers who was driving.

Never ever 'phone a scammer.

Yes of course you can appeal. Read post 3 of the NEWBIES and construct a draft appeal using all the template points you will find there.

Quote the BPA CoP sections on Grace Periods.
Note the plural. Break the 11 minutes up into arrival, reading signs and getting permit then return permit and leave after the parking period ended.

Get pics of the site and signage, and a copy of the lease from the person being visited.

Read the Jopson vs Homeguard case that deals with residential parking along with the judges comments on the Parking Prankster's blogsite.

https://parking-prankster.blogspot.com/2016/11/residential-parking.html

Post your draft appeal here for checking before you submit it.

greenwingnut

I have a photo of the sign in the car park. Is it OK to post it here??
Thanks,

greenwingnut

I just spoke to my friend, and he said although there are council owned properties in the cul-de-sac, his property is privately owned. The parking permits were only bought in around 5 months ago, and he said he didn't receive any letters from the council, just a covering letter from the parking operator, explaining how the permits work.

Redx

what you are dealing with is an ALMO , hence why its Wing parking , then the council , then popla


popla codes last about 32 days , so if you are within that period you can try a popla appeal

greenwingnut

Hi. Can I use the case of JopsonVhomeguard(2016) even though my friend owns the flat and isn't a council tenant??
Thanks.

Fruitcake

greenwingnut wrote: »

Hi. Can I use the case of JopsonVhomeguard(2016) even though my friend owns the flat and isn't a council tenant??
Thanks.

Yes, that's why I quoted it in the first place.

What does your friend's lease/AST say about parking, parking permits etcetera?

Show us your draft PoPLA appeal before you submit it using all the relevant points from post 3 of the NEWBIES.

greenwingnut

The residence parking where my friend lives, was free and no permits until about 6 months ago. The land is council owned, with some private owners, and some council residents. My friends flat is private owned. Does the Primacy of contract still apply, as he is a private resident, and he only received a letter from the parking management company, saying they, and he needs to go to the council to purchase the resident and visitor permit would be introducing permits. is this legal for them to do this?

Coupon-mad

Depends what rights, if any, he has to park on the common parts.