Euro Car Parks PCN notice after 10 minutes waiting in Wigan Wallgate carpark - advice please

KeithP

So you are not even going to bother sending in the blue text template appeal easily found in the first post of the NEWBIES thread?

Only ten minutes work there.

Tell me again why you started this thread?

Coupon-mad

DYL made your activity exempt in 2 ways.  A BB Holder can park for 3 hours on those lines, but also, it is exempt to pick up passengers, too.

And Councils are not allowed to enforce by camera so you could never have got a PCN if you'd used the road as the DYL intend and positively invite.  It is NOT selfish to stop on DYL, that's what they are there for = exempt activity and disabled parking.

NEVER seek out a car park, you really do not need to unless you are wishing to park and leave the car (in which case pay any tariff).

Umkomaas

I am a (recent) blue badge holder and I've just realised, I could have just parked up on the kerb on the double yellows, near the car parks adjacent to the platforms on the other side of the road from that ECP, stuck my badge on the dashboard for those 10 minutes

I'm not sure about humping your car onto the kerb (pavement), just park on the DYLs. But not if there are kerb blips. You can pick up and drop off, but even with a blue badge, you can't park there. Don't risk it. 

Coupon-mad

Umkomaas, where there are kerb blips you can't pick up and drop off (unless outside of loading restriction time, where there are single yellow kerb blips).

Basically, treat DYL with kerb blips like a red route = no stopping.

But ordinary DYL = OK to stop and OK to undertake exempt activity like loading, unloading, picking up or dropping off passengers, and Blue Badge parking for 3 hours by displaying the clock as well (mandatory on DYL).

ah1973

KeithP said:

So you are not even going to bother sending in the blue text template appeal easily found in the first post of the NEWBIES thread?

Only ten minutes work there.

Tell me again why you started this thread?

Because my initial thought was this was unjust and I wanted help challenge it, but the advice of a few on here that my chances were less than 50% convinced me otherwise and that's why I did not use the blue text template. However, this thread still has value as others can learn from it...

D_P_Dance

 but the advice of a few on here that my chances were less than 50% 

Are you referring to PoPLA or court?  One of our regulars reckons you have  99 to 1 odds in court.  

KeithP

Perhaps you haven't realised...

If this car park is actually on railway land, then it is probably covered by Railway Bylaws.

If that is so, then any liability that the driver may have cannot be transferred to the keeper.

In other words, if the driver is not known by ECP, then this is easily winnable by the keeper at PoPLA - maybe even at first appeal with a suitably worded additional sentence.

Fruitcake

KeithP said:

Perhaps you haven't realised...

If this car park is actually on railway land, then it is probably covered by Railway Bylaws.

If that is so, then any liability that the driver may have cannot be transferred to the keeper.

In other words, if the driver is not known by ECP, then this is easily winnable by the keeper at PoPLA - maybe even at first appeal with a suitably worded additional sentence.

This is what I was getting at. A little research should determine if the car park is or is not a railway asset covered by byelaws. If it is, then a brief copy and paste and tweak exercise should see this off at PoPLA, with Not Relevant Land being point 1.

You do realise that PoPLA is not binding on the motorist even if you do lose, however a court claim may then come at a later date.

ah1973

KeithP said:

Perhaps you haven't realised...

If this car park is actually on railway land, then it is probably covered by Railway Bylaws.

If that is so, then any liability that the driver may have cannot be transferred to the keeper.

In other words, if the driver is not known by ECP, then this is easily winnable by the keeper at PoPLA - maybe even at first appeal with a suitably worded additional sentence.

Indeed, didn't know that. So, if I understand that correctly, the fact they got my details from the DVLA merely means that they know I'm the keeper but not necessarily the driver and it could be won on that basis? Ok, that's worth knowing if this ever happens again but I'm definitely avoiding all car parks in the future unless I actually intend to park in them!

Thanks everyone. Please do not be harsh on me for "giving up" so easily on this, I'm tired, stressed and overworked. This is/was a problem I didn't need (not that anyone else really does, but you know what I mean, eh?).

KeithP

Well if you can't be bothered to spend ten minutes sending an already written for you appeal, then there is no hope.

If I were to send you a speculative invoice, would you pay me - just because it is the easy way out?