Private Parking Solutions (London) Ltd - PCN with incorrect location

IndieGirl

Hello all

I received a PCN from PPS after my car was parked in a no parking area outside a Royal Mail Delivery Centre. The signs are clear, I didn't notice them as other people were parking there at the same time also to use the Royal Mail place.

The car was parked for all of 4 minutes (if that).

The issue I noticed was that the PCN states car was parked in Holloway Street, Hounslow, when in fact the car was on Matisse Rd - Matisse Rd is an adopted carriageway and presumably means they have no authority to issue a PCN there. I appealed, this was rejected - no mention of the address - in fact it seems like a standard template letter as says things like 'I have considered your grounds of appeal and whilst I do not dispute that you were on the site for your intended purpose, however, this fact
alone does not entitle you to park without the need to comply with the parking terms.' - I did not mention any intended purpose for the car being parked there.

I will now go to POPLA but wondering what else to include as my letter will be short. The signs were clear, they have provided photo evidence of the car parked.

Should I be adding things like the no proof of loss and the fact the the charge is not proportionate? I'm sorry if I've missed things.

I know you spend a lot of your time helping people so it is very much appreciated.

Le_Kirk

You cannot argue "no proof of loss" or "disproportionate charges".  Go to the NEWBIE sticky third post and look at the POPLA section to see what a good POPLA appeal looks like and also go to the POPLA decisions page, read backwards from the end and see what winning appeals look like: -
https://forums.moneysavingexpert.com/discussion/4488337/popla-decisions#latest

IndieGirl

Thanks @Le_Kirk - been reading them on and off all day and my head is spinning. I just can't seem to figure out what applies to me I'm afraid. I can't do much screen time in one sitting at the moment due to an eye condition which isn't helping. Will persevere.

IndieGirl

Ok it seems I can argue on the basis of:

- no Landowner Authority - since the road is an adopted carriageway

- parking period - as they have not specified the parking period, only the entry time; 

- finally on grace periods, as even though this is a no parking area - the vehicle was parked for no more than 5 minutes (their photos are stamped 12.00/12.01/12.05 but the latter does not show the vehicle parked, only the sign) - so this does not allow sufficient time for me to have read signs and decided to enter into a contract.

Will that be enough, do you think?

1505grandad

".......outside a Royal Mail Delivery Centre. The signs are clear, I didn't notice them as other people were parking there at the same time also to use the Royal Mail place."

Were collecting from the RMDC (loading)?

D_P_Dance

1. the road is an adopted carriageway
   

If this is so complain to Trading Standards and yuor MP

IndieGirl

1505grandad said:

".......outside a Royal Mail Delivery Centre. The signs are clear, I didn't notice them as other people were parking there at the same time also to use the Royal Mail place."

Were collecting from the RMDC (loading)?

No - I was dropping off a parcel.

Umkomaas

Can we see a Google Street View of the street and actual unloading stop?

in respect of POPLA - you didn't seem to have much trouble in putting together a winning one against ParkingEye in 2018. Not much has changed since then, and you can recap on the necessary appeal elements and how to phrase them in the NEWBIES FAQ Announcement, third post.

Fruitcake

Have a look at the Jopson vs Homeguard case where the judge said loading and unloading is not parking. 

You say the signs are clear, then contradict this by saying you didn't see them. If you didn't see them then they can't be clear. 
Get your own pics of the site and signage, without parking there.

IndieGirl

Fruitcake said:

Have a look at the Jopson vs Homeguard case where the judge said loading and unloading is not parking. 

You say the signs are clear, then contradict this by saying you didn't see them. If you didn't see them then they can't be clear. 
Get your own pics of the site and signage, without parking there.

I didn't see them as I was stressed and in a hurry - not an excuse but I really don't think I can justify saying they are unclear. will upload a photo later. Thank you though, I'll take a look. 

Coupon-mad

Umkomaas said:

Can we see a Google Street View of the street and actual unloading stop?

Yes please.  I echo this request.