Parking Ticket - First Point of Contact - Mention permission of the shop ?

homi

Just an update , received an email response from Park Watch and they rejected  the appeal even though they were provided with a note from the shop stating that the driver was given  permission  / told to  collect the item from the back doors.

Also the car was not actually photographed  in a marked bay but right the edge on a “blank tarmac “ while loading  , so would invalidate the parking fine ?

Anyway here is their response

Thank you for your appeal letter regarding the issue of the above parking charge notice.

After reviewing the information provided within your appeal letter and the photographic evidence that was taken in support of the issued PCN, and although we have taken into consideration the mitigation that you have provided we have decided that the parking charge was correctly issued for failing to comply with the parking conditions at this location. This area has clear signs in place to indicate no parking without an authorised permit and were situated close to where your vehicle was actually positioned. This vehicle was not displaying a valid permit on the date of inspection. We are following instructions by the landowner to manage this car parking area.

You now have a number of options;

1. Pay the Parking Charge Notice at the prevailing price of £100.00.

2. You have now reached the end of our internal appeals procedure; however, you have the right to make an appeal to POPLA – The Independent Appeals Service at popla.co.uk. #Please quote verification number xxxxxx Note: you have 28 days in which to appeal to POPLA from the date of this letter. By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/)provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above. Please note, appeals submitted to POPLA are not accepted for review if the parking charge notice has been paid.

3. If you choose to ignore this letter we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you.

Coupon-mad

It's not a parking fine.  The thing is a scam and these firms make it up as they go along.

Nothing 'invalidates' it because this industry is not regulated (yet).

You know what to do.  The NEWBIES thread covers tedious old, broken and badly-decided POPLA stage.  Don't expect much!  But please don't ask if you will have to pay £100 if you lose at POPLA; the worst thing is when we explain everything to people and they still ask if they have to pay and don't get that POPLA means nothing.

homi

Coupon-mad said:

It's not a parking fine.  The thing is a scam and these firms make it up as they go along.

Nothing 'invalidates' it because this industry is not regulated (yet).

You know what to do.  The NEWBIES thread covers tedious old, broken and badly-decided POPLA stage.  Don't expect much!  But please don't ask if you will have to pay £100 if you lose at POPLA; the worst thing is when we explain everything to people and they still ask if they have to pay and don't get that POPLA means nothing.

Thanks ,  just in the process of submitting and collecting the evidence  . 
The car was parked on the very edge of the car park and not actually parked in a full bay  , should I mention this on on the POPLA Appeal .  
https://ibb.co/hM30RYM

Coupon-mad

That looks like a bay!  So certainly add a paragraph about the rectangular bay you parked in, marked with a white line one side and another bay in front of it, which when cars are in the other bays looks no different and certainly not a ''no parking'' space.  If it is not intended to be a bay but has a white line to the side and another bordering it at the front, then the operator must mark it to communicate that end one is not a bay. They had ample opportunity to comply with the Consumer Rights Act 2015 and make it clear, given they had used both yellow and white paint all around it and only needed either hatchings in yellow and/or a warning word on the tarmac.

You can write that one yourself and embed that photo into the document.  The rest are the usual templates.

Ralph-y

"The car was parked on the very edge of the car park and not actually parked in a full bay"

where you parked ? ... I would presume that you where not .... you where loading ...

Ralph

homi

Ralph-y said:

"The car was parked on the very edge of the car park and not actually parked in a full bay"

where you parked ? ... I would presume that you where not .... you where loading ...

Ralph

Thanks .

Just took some more photos yesterday for evidence  . The car was being loaded behind the white van  ,on the day the it was very busy with other vehicles including vans as it was the last day before lockdown which may have obscured the signs on the wall   . 

https://ibb.co/jMZbFK8

https://ibb.co/Ln7w1fj

https://ibb.co/d6JR97P

https://ibb.co/WgJkW7m

Also the two photos which were on the original letter show the car  reverse lights and the other with the car boot open and being loaded .
Another thing I noticed was the sign is headed with Warden  Patrolled but the fine issued was issued by camera .

Thanks to you all  again .

Redx

Then use all your ammunition , but say it was being loaded , not parked

The meaning may seem pedantic but it's not , loading and unloading is not parking , it's an important difference

So it was being loaded , or unloaded , in what appeared to be a valid bay due to no warning markings in yellow paint , cross hatchings , nothing to indicate otherwise

So loading , not parking

homi

Just checked over the newbie thread again and the original letter and noticed that there is no mention of POFA 2012  , would this give me a Golden Ticket in the Popla Stages ?

Redx

providing the driver has not been divulged , POFA is the best legal point , but include every possible appeal point you can

read other golden ticket popla appeals and plagiarise their appeal into yours, with POFA at the start and everything else flowing

no inferring who was driving though , dont blow your toes off in your eagerness to win, any technicality will win , you only need one to win

Coupon-mad

Why do you think a NTK must 'mention the POFA'?  There's nothing in the Act that says the Act has to be mentioned, only that certain words must be used.