£60 fine for a 4 minute stop Help

Redx

the law, its that simple

if they fail to comply with the law named POFA, then a keeper has no responsibility, they fail , they lose, but if you fail on any technicality , you lose , but they do this for a living and know how to cheat people , you are only just learning about it , hence why Lewis Hamilton probably knows more about vehicles and driving then you do, but there was a time he didnt

if a parking company failes to comply with the law named POFA , the timescales , not getting the hire or lease docs from the company and including them with the NTH that you received, any failure kills their invoice , but you threw away this golden ticket because you admitted to being the driver , when only you knew who that was. !!

these parking companies always fail to get the hire or lease docs, or fail to include lawfully compliant wording , or timescales by issuing weeks or months later , any of those reasons is a TKO , a technical knockout , so a keeper or hirer or lessee always wins on a tko , if they DO NOT BLAB about who was driving

you are now looking for one of the other TKO,s , such as the BPA CoP , or no landowner contract or authority , or poor signage, to convince POPLA or a judge. you cannot defend your actions in pulling onto private property , even if it was my driveway , but you might win on a TKO

these companies make their money out of transgressions , its their main income, so they bait the hook , wait for a victim to get hooked , then reel them in and knock em on the head, demanding ransom money to be let go

Umkomaas

i quoted this to them in my appeal and they told me that it does not apply on private land

If you have that in writing from them, then it should be a complaint to the BPA as per Redx's advice. Can you let us see exactly what they said. Sometimes comments can be misconstrued by paraphrasing. 

jamesmc80

Umkomaas said:

i quoted this to them in my appeal and they told me that it does not apply on private land

If you have that in writing from them, then it should be a complaint to the BPA as per Redx's advice. Can you let us see exactly what they said. Sometimes comments can be misconstrued by paraphrasing. 

I have attached the appeal in one of the other posts on the thread. I am going to write to the bpa tomorrow i do think they are being a tad harsh for 4 mins and a few seconds 

Redx

jamesmc80 said:

Umkomaas said:

i quoted this to them in my appeal and they told me that it does not apply on private land

If you have that in writing from them, then it should be a complaint to the BPA as per Redx's advice. Can you let us see exactly what they said. Sometimes comments can be misconstrued by paraphrasing. 

I have attached the appeal in one of the other posts on the thread. I am going to write to the bpa tomorrow i do think they are being a tad harsh for 4 mins and a few seconds 

I think that Parkwatch are trying to use section 13.4 for these purposes

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.

maybe they have decided that these designated areas include where the driver parked

yes they are being unreasonable, but its how they make their income , from motorists

Umkomaas wants to see their reply , not your appeal

1505grandad

Umkomaas  -  "Can you let us see exactly what they said. Sometimes comments can be misconstrued by paraphrasing."

See OP's post Today at 5.05PM

Redx

in which case they are construing clause 13.4 and ignoring 13.1

I think Umkomaas may be thinking of what they told the OP on the phone and not that reply, but its all guesses because everything that can go wrong in this saga has done so

jamesmc80

Umkomaas said:

i quoted this to them in my appeal and they told me that it does not apply on private land

If you have that in writing from them, then it should be a complaint to the BPA as per Redx's advice. Can you let us see exactly what they said. Sometimes comments can be misconstrued by paraphrasing. 

This was their response to my appeal sorry its a screen shot

Umkomaas

The actual time is even less than 4 minutes, it is in fact 3 minutes and 43 seconds (entry 1:34:22 exit 1:38:05). It is within the mandatory minimum of 5 (parsimonious) minutes of the BPA Code of Practice. 

This is winnable at POPLA. If you've got your POPLA verification code, get on with drafting your appeal, with concentration on and main appeal point on 'grace period' as per 13.1, and let us see your draft for fine tuning. 

The NEWBIES FAQ sticky, third post, tells you how to formulate a POPLA appeal. 

Redx

Yep , popla appeal plus a complaint to the BPA , 2 jobs to do

They knew they had a fall guy on the hook when the fall guy told them who was driving 🤣

MistyZ

So, in addition to finding out who the landowner is, time to do a really good POPLA appeal which includes all the usual sections (as per the Newbies thread) but majors on Grace periods.  You'll find standard versions of all sections but tweak and add to them to make them specific to this case.  Don't worry about having identified the driver now, you can still come back from this with luck.  POPLA is variable in terms of outcomes. Which is why your appeal needs to be really clearly written to stand out and make everything obvious even to a sleepy assessor.

Draft your appeal as soon as you can and post it here for checking.  

Good luck.  Such a short stop ... I'd be really determined to get this cancelled.  Oh and maybe nearby businesses will tell you who owns the land - it's pot luck as some seem to think it's restricted information.  It really isn't.