One Stop Shop, Perry Barr (Park Watch): Not Parked Wholly Within Bay

mar_uk

mar_uk said:

Thanks guys, replied :-)

Dear Sofia,

Unfortunately, you have not answered my complaint, which is not about how long I can wait to appeal, rather its about the fact that it says that they require the drivers name and address to be  given in order to appeal.

I am sorry – can this be escalated to Steve Clark if need be?

Response:

Thank you for your email.

 The driver’s details can be requested in order to transfer liability, but they shouldn’t be necessary in order to consider an appeal from the keeper.

 I have asked Park Watch for their comments on this point. It may take up to 14 days for them to respond to us – we will update you as soon as possible.

Please note that we investigate complaints about alleged non-compliance with our Code of Practice. However, we can’t cancel Parking Charge Notices.

Complaints are not usually assessed by Steve Clark, as we have a team dedicated to this.

mar_uk

Hi Guys,

Received an email today after me sending the standard appeal email on 29/07/2020 - doesn't even have my address or keepers name/details, which is very odd. Please advise as to next stage on this, thanks

- just a pdf attached (screenshot attached).

Fruitcake

You have already been told what the next stage is in my post on the 20th of July at 3.48pm.

mar_uk

Fruitcake said:

You have already been told what the next stage is in my post on the 20th of July at 3.48pm.

Which SECOND STAGE APPEAL - POPLA

So the arguments are?

(1)No Keeper Liability (windscreen ticket, no follow on NtK) - So If they don't send one, use that as one of the argument? Presumably they will send one via post? Its been 39 days since windscreen was issued, so I should wait 56 days and then see if they send it or not?

(1a) If the details of the keeper are incorrect like Name/Address, can that be used against them?

(2) The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge

(3) Signage - they did not send any photos, but I have some, so can I speak on behalf of the driver?
(4) Mitigating Circumstances (Obstructions, Trolley Bay), etc - so can I speaking on behalf of the the driver?

Thanks

Fruitcake

Standard appeal points will be,

Not the landowner
Not the person who is liable for the charge. Incorrect name and address are relevant, especially incorrect name, but it will depend on whether it just a typo or letters in the wrong order as opposed to a completely different name such as White instead of Brown, or Bill instead of Bert.
No standing (no valid contract) to issue charges in their own name.
Non PoFA compliant NTK (or no NTK).
Inadequate signage
BPA CoP failures
Grace Periods
Any thing else relevant.

Construct your draft appeal and post it here for checking before you submit it.
Ideally wait until after day 56 before you submit your appeal without missing the PoPLA appeal deadline. Note that PoPLA codes last 32 days.
If you need to send it before day 56, make it as close as possible to that date. The idea is to get it over the line, or so close to it that the scammers don't have time to respond and get an NTK out by day 56.
Remember that the date of the alleged event is day zero.

MistyZ

You will find links to standard POPLA appeal points in the Newbies' thread.  And although the search facility isn't great here, it's also worth seeing what a search for 'Park Watch POPLA' comes up with and selecting appropriate points, phrasing etc. from successful appeals.

Include all the standard points but make them 100% applicable to your situation.  For example, it sounds like signage was particularly poor so describe the specific signage failings in that car park as well as making the generic points about its failings. And get some photos to illustrate those points - ideally by returning to the car park or, if necessary, capture images from Google Street View.  Images should be embedded in the document.   Bit time consuming, sort of fun, often worth it! 

mar_uk

Hi Guys,

Had some time today and my draft is attached. 1/2/3 remains unedited from what I have found on the forum as they can be used without changing anything. Struggling with others...Attached some pictures taken at the time - wondering if it is worth attaching them (of course, Parking Watch did not supply anything to me).

Any help would be much appreciated, thanks

Coupon-mad

That's dreadful parking.  Sorry, it's awful.  NEVER let that driver park like that again, or just take their keys away!

Don't include any of those photos except the entrance ones.

Mitigating circumstances is NEVER EVER a phrase to use to POPLA.  Forget that section, it makes no sense.  Unless the driver was still sitting in the car (and it wasn't parked) I can't see how you can use grace periods either, because there is no grace period to allow parking across two bays.

Out of all these (below) the first one will win it, if there was no postal Notice to Keeper at all, only a windscreen PCN?

1. A compliant Notice to Keeper was never served - no Keeper Liability can apply.

2. The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge

3. No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice
4. The signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself Should Include below points?

5. Grace Period: BPA Code of Practice – non-compliance 6. Mitigating Circumstances – Trolly bay Obstructions 

mar_uk

Coupon-mad said:

That's dreadful parking.  Sorry, it's awful.  NEVER let that driver park like that again, or just take their keys away!

Don't include any of those photos except the entrance ones.

Mitigating circumstances is NEVER EVER a phrase to use to POPLA.  Forget that section, it makes no sense.  Unless the driver was still sitting in the car (and it wasn't parked) I can't see how you can use grace periods either, because there is no grace period to allow parking across two bays.

Out of all these (below) the first one will win it, if there was no postal Notice to Keeper at all, only a windscreen PCN?

1. A compliant Notice to Keeper was never served - no Keeper Liability can apply.

2. The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge

3. No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice
4. The signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself Should Include below points?

5. Grace Period: BPA Code of Practice – non-compliance 6. Mitigating Circumstances – Trolly bay Obstructions 

Yeah, the driver was awful LOL

Thanks again for your help, will remove Grace Period: BPA Code of Practice (was thinking here - the driver could have been looking for the sign :-) & mitigating services - yes, it is only windscreen so far.

Will wait few days more until 52 days or so from date windscreen issued (I am assuming that's the date it applies from?)  and submit.

Thanks and everyone for all your help

Redx

The deadline for an NTK is 56 days , not 52 , so if you can delay until say day 57 following the windscreen ticket and then submit the popla appeal , a popla appeal has about 32 days from it being generated