£60 fine for a 4 minute stop Help

Coupon-mad

What's that? 
Don't put close-ups of signs in evidence to POPLA and DON'T do this:

 Is mentioning that I wasn't parked and merely stopped to take a telephone call 

Absolutely NOT.  Use the templates in the 3rd post of the NEWBIES thread and add a new one at the start that talks about the BPA consideration period of not less than 5 minutes and say you considered the signs and left without accepting a contract, and parked elsewhere.

Do you have Google Location enabled on your phone to prove you drove out within 5 mins?  Add that.

MistyZ

Totally agree with Coupon-mad about the signage.  Ideally you need to show the signage from the motorist's viewpoint i.e. a photo from some feet away.  Almost any signage seems accessible when viewed up close on a screen but in reality the PPCs' signs are rarely up to scratch.  Can you get back to the car park to take photos?  If not, is it shown on Google Street View 'cos screenshots are great to embed in the appeal.  (All photos need to be embedded, not linked to).  

After quoting the BPA consideration period bit as Coupon-mad suggests, really hammer home your point.  E.g. 'To be clear, the car was in the car park for under 5 minutes and therefore the PCN should not have been issued'.  Don't be afraid of using bold text, italics or capital letters for emphasis.  Don't overdo it, but use them where they will help the assessor get the message.  

Coupon-mad

No mentioning phone calls.

MothballsWallet

IIRC, their signs shouldn't say anything about credit card charges applying since that was made illegal from January 2018, or were the PPCs made exempt because of their campaigning behind the scenes?

Half_way

CCTV is a different beast from ANPR , there is some scope here to cause the parking company and the land owner a few headaches

 ANPR is an automated system - Automatic Number Plate Recognition where a computer attempts to read a number plate on entry and then attempts to read it on exit and guess how long a vehicle was on site, the only data that is kept is in/out and time on site and as ANPR isnt always accurate some manual checks should be carried out

CCTV ( closed  circuit television) effectively records a video feed to a recording media, or to a control room where it is monitored by an operator ( it may also be recorded at a control centre)

 Commercial CCTV systems must be registered with the information commissioners office (ICO)

You also have a right to request  CCTV footage, or to view it if you/your personal data has been captured,  you also have the right to use that data should the issue come to court.( as far as i know)

The landowner is jointly liable for the actions of its agents, if its agents are not GDPR compliant then the landowner can be held responsible,  GDPR also introduces personal liability, this is where an individual can be held liable and not the company they work for, so if Joe Blogs works for the property company, and  joe bloggs signed off on the GDPR non compliant systems, then it would be Joe blogs who would be prosecuted and held personally liable, and not the company or its agents.

 There is a lot of work to get that far though,  although it does show the possible outcomes.

 If you do know the landowner, then for the sake of openness i would direct them to this thread in order for them to have a look

 

Castle

The sign fails to comply with the Companies Act 2006 as it fails to identify the legal entity behind "Park Watch"; (which is just a trading name of Defence Systems Ltd).

jamesmc80

Castle said:

The sign fails to comply with the Companies Act 2006 as it fails to identify the legal entity behind "Park Watch"; (which is just a trading name of Defence Systems Ltd).

Is this another point to put in my appeal do you think

jamesmc80

so today I managed to make time to go back to Birmingham and take these 2 pictures of the signage from where i was stopped not parked. Im pretty sure they illegible from my stopping point. Also the last picture is the only sign around to the entry of the land

jamesmc80

this is the other sign from where i was parked. for some reason wach post is only allowing me to add one picture.

Coupon-mad

Those signs are astonishingly high - they look nine feet up?