Unable to leave parking lot - would you challenge PCN?

Half_way

a few thigs to look at :

"waiting is not parking" and Frustration of contract

winther

I appreciate your thoughts, thank you very much. I will wait for the landowner's response and take it from there

Coupon-mad

OK and then when you try POPLA, do it as registered keeper and hope your first appeal didn't throw away the 100% easy win you had, as keeper.

This is nothing to do with whether you gave your name - of course you gave your name!  It's about whether you typed ''I parked'' or similar naive and frustratingly stupid appeal phrase (or if you chose 'driver' in the dropdown menu if you appeals online) which throws in the bin the really easy win that all registered keepers are handed by Smart Parking, at first.

Fruitcake

Have a look at the third post of the NEWBIES thread in case you don't get this charge cancelled, and don't leave a PoPLA appeal to the last minute; although PoPLA codes last 32 days.
If you need to go to PoPLA then construct a draft appeal and post it here for checking. However, PoPLA are currently on lockdown and will allow a brief, basic appeal giving you the opportunity to make a full appeal later. You may prefer to do this, or you may prefer to get it over and done with because you may find you don't have the time later.

Start with the basic points (numbered) you want to raise. Spread them across more than one post if they don't.

Not the landowner
No standing to issue charges,
Inadequate signage 
No keeper liability (as advised by Coupon-mad)
Frustration of Contract
Waiting to leave is not parking

This would be enough for a holding appeal and then you could add the content later, but personally I would do the whole thing now and know it was done and out the way.

winther

I got a prompt response after trying to contact the landowner - I think this solves the issue. Admitting there is an issue should be enough alone:

Umkomaas

I think this solves the issue.

Sorry, but I see nothing at this stage which 'solves' the issue, let alone resolves it. PPCs are 80% down on income, so they may just ignore any second appeal. Unless this second stage appeal process is part of their contract with the landowner, they may prove very stubborn. 

Still, you're on the right track in attempting to get this cancelled (Plan A), and I hope you are successful with this further intervention, but I've been around this block too many times to take anything concerning a PPC at face value. 

If you've had no response to this be sure not to miss your POPLA deadline date. 

nosferatu1001

Wait. The landowner cannot cancel?
man these sites are stupid. Their legal advisors want shooting. 

Coupon-mad

Attach that as evidence to your POPLA appeal and apart from using the usual templates in the NEWBIES thread post #3 (go find the links and build the appeal) you should start with a point you write yourself about the driver experiencing queues and that Smart Parking are already aware this is nothing new at the site and such a problem that the adjoining businesses have had to get Management involved to complain for motorists (see email from blah blah).

REMINDER: when you try POPLA, do it as registered keeper and hope your first appeal didn't throw away the 100% easy win you had. 

CLEARLY, THAT MEANS NOT WRITING THIS FIRST POINT AS THE DRIVER...BUT AS THE KEEPER, REPORTING TO POPLA WHAT 'THE DRIVER' EXPERIENCED.

Le_Kirk

winther said:

I got a prompt response after trying to contact the landowner - I think this solves the issue. Admitting there is an issue should be enough alone:

They should not be appealing they should be complaining like ........... a complaining thing, that the PPC are upsetting their visitors and driving away potential customers, which will not only reduce the footfall in the retail area but will reduce the amount of money spent in buying P&D tickets.  They should be demanding that a company that alleges to be involved in Car Parking Management should actually manage the car park!

D_P_Dance

Have you complained to your MP and, perhaps, to Trading Standards, and your local paper and/or radio station?