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Fistral beach - Initial Parking - POPLA Appeal advise

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  • EthanT72EthanT72 Forumite
    6 Posts
    First Post

    I believe this to be the up to date section on grace period, however the way I have interpreted it, it sounds like It's not a defense for myself really? Should I still include it? 

    Consideration and Grace Periods 

    13.1 The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes. 

    13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. 

    13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. 

    13.4 Unauthorised motorists will not be entitled to the minimum time period of 5 minutes for a consideration period in spaces designated for specific users e.g Blue Badge holders, pick up/drop off or where parking is prohibited such as hatched areas in front of emergency exits, or on entry and exit ramps etc. 

    13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 

    13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. 

     

    Signage. 

    Will move signage up to second place then.  However, I do not have my own photographs as I live several hours away from the car park and other than of google street view I can't seem to find any, can these be used.   

    I could add the fact that the cars parked alongside the wall opposite to the parking bays obstructed the view of the parking ticket machine and parking signs, and therefore I was unbale to see the signage due to unregulated parking???? 

     

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

    4. No Evidence of Period Parked – NtK does not meet PoFA 2012 requirements 

    How certain am I on these?  Not very, I don’t know what else I can put to add the text terms of PoFA no keeper liability?...Also not sure what else I should/can add to the period parked? 

     

    I will keep every point in just in case it has a chance, although as this is taking so much of my time up and I don’t really know what I'm doing,  I do have to ask do you think that I actually have a case of winning as have only seen rejection on recent appeals posted online.  

     

    Thank again however to everyone who has taken time to respond.  

  • edited 31 July 2020 at 3:51PM
    FruitcakeFruitcake Forumite
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    edited 31 July 2020 at 3:51PM
    You need to appeal both PCNs separately to PoPLA, and you need two separate PoPLA codes in order to do this. 

    Where you mention the car starting problems, include the statement that meant the car was able to leave on time and thus caused a frustration of contract. Include any proof of the starting problems even if this is a receipt for fixing it after the car returned home.

    You don't appear to have mentioned that the alleged contract with the landowner has not been properly executed as it does not meet the requirements of the Companies Act 2006.

    The post/thread I linked you two has a link to a imgur images that includes pictures of signage, the alleged contract, and a site map.
    See where your car was sparked on the map to show how signs could not be seen from the driver's seat due to other cars blocking the view.
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  • edited 31 July 2020 at 11:54PM
    Coupon-madCoupon-mad
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    edited 31 July 2020 at 11:54PM
    Why would you say this and blab about who was driving:
    I could add the fact that the cars parked alongside the wall opposite to the parking bays obstructed the view of the parking ticket machine and parking signs, and therefore I was unable to see the signage due to unregulated parking 

     If under that, you have this appeal point you'd have then thrown in the bin?

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