Unfair parking charge (private company)

MistyZ

Coupon-mad wrote: »

''remnants of an old parking bays that have been burnt away and the 2 very small white marks one being around 10cm and the other residues of a 50cm line whereby the paint has left staining to the concreate which has brakes and small amount of paint residue that was likely unable to be removed when burnt away''(sic).

Aw, wonderful stuff. I love concreate with brakes, it makes parkerin so eisy.

Don't forget that '(sic)' at the end OP, you must emphasise the incoherence and utter incompetence just as C-m has suggested. Good luck, this has to win.

beckett1991

Thanks all I have adjusted my wording to what you have said, I shall let you know if I win or not

Le_Kirk

MistyZ wrote: »

Aw, wonderful stuff. I love concreate with brakes, it makes parkerin so eisy.

Don't forget that '(sic)' at the end OP, you must emphasise the incoherence and utter incompetence just as C-m has suggested. Good luck, this has to win.

Eye leike yoor stile!

beckett1991

Anybody know how long a POPLA appeal takes for them to make a decision?

waamo

beckett1991 wrote: »

Anybody know how long a POPLA appeal takes for them to make a decision?

About a month

beckett1991

Okay I need help as to what to do next as POPLA have upheld the decision I will paste it below any advice greatly appreciated


Assessor supporting rational for decision
The appellant has identified as the driver of the vehicle on the day of the parking event. As such, I am considering the appellant’s liability for the PCN, as the driver. The operator has provided photographic evidence of signage in the car park that states: “A PCN may be issued for failure to comply with the terms and conditions which can be found in and around this car park…this includes the following breaches: failing to park your vehicle within the bay markings…PCN charges paid within 14 days - £60…PCN charges paid after 14 days - £100”. The operator has provided photographic evidence of the vehicle parked outside of a marked bay. The appellant says they paid for a full day parking but received a PCN for not parking correctly in a bay. The appellant says there were clearly white lines showing and they have provided evidence to show this. Whilst I can see the appellants evidence shows very faint lines, the area the appellant parked is not boxed in the same as the other bays in the car park. There are no bay markings at the front or the back of the bay, the same as all the other bays in the car park. I am satisfied this is not a marked bay. There are bays directly beside where the appellant parked that they would have been able to establish what a bay was. When entering onto a private car park such as this one, any motorist forms a contract with the operator by remaining on the land for a reasonable period. The signage in place sets out the terms and conditions of this contract. Ultimately, it is the motorist’s responsibility to comply with the terms and conditions of the car park. Upon consideration of the evidence, the appellant failed to park in a marked bay, and therefore did not comply with the terms and conditions. As such, I conclude that the PCN has been issued correctly. Accordingly, I must refuse this appeal.

Print

Redx

You could use it as a defence point in any future court case

you could email John Gallagher at Popla and complain

In future , do not reveal who was driving and come here first

Umkomaas

Check out the legal term contra proferentem, which Coupon-mad alluded to in her post above:

(c) any ambiguity must (by law - as POPLA knows) be interpreted in the way that most favours the consumer. A bay line is a bay line!

You will need to quote that term in any correspondence with John Gallagher.

beckett1991

Okay so do I just wait until a court letter comes through or is there anything else I should be doing ?

Redx

Other than a landowner complaint , MP complaint , not much else can be done , other than the replies you have already had

There is no magic bullet , so stop looking

The PPC has 6 years to try a court claim for this unpaid invoice

In future , don't throw away your best legal point by blabbing about who was driving