HELP! appeal got rejected

cutiebbangel

Hi all, 

I received a PCN from London Parking solutions recently whilst my mum parked the double yellow line with a blue badge on a road that leads to a private car park at the back of my building. She wasn't aware that road was a 'private road'. I contacted the management team of my building in attempt to try cancel the ticket - which was unsuccessful. So I appealed base of a few points and got rejected today. I have attached the original PCN and photos. My appeal is below and their reply is also attached. 

Please kindly provide some pointers - as I am planning to appeal to the IAS or is there any chance I can just ignore this? 

my appeal: 

I am writing to challenge the above PCN base on the following points:

1. The ticket issued was incorrect. The location was not Strata, 8 Walworth Road but instead on Wollaston Close.

1. There is no clear signage on the parked side of the road  i.e. along the church where the vehicle was parked. The only signage noted on that side of the road- is the one hung on the metal fence at the end of Wollaston close-. To me the sign to acknowledge the oncoming traffic - that they are about to enter that area (the back of Strata SE1). 
2. A blue badge was clearly displayed in the vehicle- which would be applicable on double yellow lines. There were absolutely no signs on my side of the road suggests either private land or strictly no parking. Copy of my blue badge has been attached. 

3. I am flat owner of xxxx and on the day - the back car park was full and it was impossible to park in the area.     

base on the above points, please kindly consider in waiving the relevant PCN.

1.  
   

  

Coupon-mad

Doesn't look like private land. 

Have you checked the Local Authorities highways maps and CPZ boundaries the Council probably publish online?

No point appealing to the IAS and this is why:

https://forums.moneysavingexpert.com/discussion/6280434/is-the-ias-a-kangaroo-court-annual-report-2019-20-96-of-cases-are-found-in-favour-of-ppcs/p1

That DOES NOT mean people pay these chancer £100 PCNs.

KeithP

How can a sign that has, in the biggest boldest lettering, the words - 

STRICTLY NO PARKING 

- be seen to be offering a contract to park?

Coupon-mad

Indeed, but the IAS will say it does. 

That 96% stat didn't come about for want of trying. Takes real effort to achieve that sort of statistic and consistently getting lower and lower in terms of cases upheld for consumers (6%, 5% then 4% per annum). 

It is truly astonishing that the IAS remains 'an approved ADR' as far as the CTSI is concerned, with anonymous decisions and just FOUR PER CENT of cases upheld for consumers, when we know that before 2015, when POPLA was good (London Councils) over 55% were upheld for consumers by legally-trained and clued-up assessors.

In other news, I noticed that 'Driving lawyer' Derek Millard-Smith, who advises the BPA (not the IPC) is a member of the CTSI:

https://www.jmw.co.uk/services-for-business/business-crime/people/derek-millard-smith

D_P_Dance

This appears to be a slam dunk win for you if they take you to court.  If they do, consider a counter-claim and/or CPR27.14(2)(g).  

fisherjim

A typical PPC trap, if that were a normal highway parking there with a BB would be ok for up to three hours, these Muppets have copied a local authority standard but applied their own rules to it.

Their definition of clear signage certainly isn't mine, close up photos of random signs doe not prove clear signage.

The log shots show that it is abysmal, if they want to copy council double yellow lines they should apply the same signage and rules to stop this confusion.

But no wait a moment there's no profit in being clear, up front, and aligned is there.

cutiebbangel

just checked the council website- unsure if this what you guys were referring to? so according the below map - wollaston close appears to be private land? just find it strange and its a public church on the right and a council block on the left.. 

also base on the extremely low successful rate. Sounds like i shouldn't bother appealing to the IAS. Should I just ignore it or pay that steep fine? 

Le_Kirk

You want a map of the CPZ (controlled parking zones) and your map seems to be able to show it but you have to click in the box marked CPZs.  Was this in Southwark SE1?  According to this: -
https://www.southwark.gov.uk/parking/find-somewhere-to-park/parking-zones
you need to narrow down the search to a smaller area.  Do not pay the charge (it is NOT a fine) until a judge says you have to.

fisherjim

What "steep fine" would that be?

Coupon-mad

Until such time as the MHCLG get the framework and new statutory code right, no-one pays these scam PCNs.  We are hoping for significant change otherwise nothing will improve. 

If they get the basics wrong and get played by the industry at the final hurdle, the Government will have made things worse by legitimising rip off charging under statute.

cutiebbangel

Update. Just did some calling around - council parking enforcement team confirms that the close I parked on is enforced by them . it is not private land. 

Should I ignore the appeal then ? or continue to IAS despite low successful rate. what would the usual next steps be? they will take me to court? 

I am currently 21 weeks pregnant and would try avoid as much stress as possible.