Capital Car Park Control 3 minutes on yellow line

Coupon-mad

But that bit isn't the car park, it's BEFORE the sign.

aa92

Coupon-mad said:

But that bit isn't the car park, it's BEFORE the sign.

Yeah agreed the lines they stopped on start just before the Costa itself, it is a bit confusing as to whether these lines are put down by the council or by whoever manages the portion of land that Costa has. 

Here is the image from the CCTV camera in the NTK: https://imgur.com/64AEFD3

fisherjim

I don't see how they can stick this one on anybody, that car is as CM says parked before any signage, there are no entrance signs facing a motorist, so the private land is not defined at all, the driver was probably trying to define the parking boundaries before moving off well within any grace period, they are just trying it on as they always do.

aa92

fisherjim said:

I don't see how they can stick this one on anybody, that car is as CM says parked before any signage, there are no entrance signs facing a motorist, so the private land is not defined at all, the driver was probably trying to define the parking boundaries before moving off well within any grace period, they are just trying it on as they always do.

Its so ridiculous isnt it. 

Draft appeal to CCPC: 

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

The alleged infringement is for a time period of 3 minutes and 4 seconds. This is in direct breach of guidance regarding a grace period for motorists as no grace period has been allowed in this instance. There has been insufficient consideration to allow a motorist to review any signage or road markings. Indeed there is insufficient signage at the entrance to the road and no indication is available regarding the boundary of the car park.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

MercyMeB

I have had exactly the same parking charge/invoice, exactly same location, from CCPC, same reason, stopped on these yellow lines (only front wheel on part of yellow lines) for less than 4 minutes, during the hours of darkness.

In a nut shell, these are brief details of events so far.

I wrote to CCPC outlining my refusal to accept this unlawful charge. No signage at entrance to the road, therefore no indication that this is private land. The yellow lines are continuous from a public road onto the side road therefore questioning the legality of issuing ticket, no clear indication of private land. My appeal was refused. CCPC referred me to POPLA. I appealed to POPLA submitting photographic evidence supporting these facts, the appeal to POPLA was unsuccessful.

The POOPLA Assessor’s summary is contradictory and significantly, have ignored the fact and photographic proof that there is NO SIGNAGE at the entrance, the most important part of my evidence. They stated that the operator had sufficient signage in and around the area. They have also gone into great detail quoting various sections of the Code of Practice relating to signage and grace period, which apparently was not applicable to me as I was not intending to stay as I stopped to allow a passenger to exit my vehicle, thus no grace period. I didn’t even enter the car parking area, I did a three-point turn and left the area.

I have absolutely no faith in the appeal process of POPLA as I have evidence from the local neighbourhood social media network that an appeal was apparently won on the grounds of insufficient signage at the entrance to the road!!

I now have to decide my next step within the next week.

Q. Is it advisable and possible to pay the £100 charge but take CCPC to the small claims court for recovery of the charge?

Q. Is it possible that CCPC can initiate court action against me within a 6-year period?

HELP AND ADVICE NEEDED PLEASE

Coupon-mad

No (DO NOT PAY) and Yes, they can.

You will need your own thread if you get a court claim but no need yet, because you don't need advice at this stage.  It's already here for you.

Just read the 4th post of the NEWBIES thread about ignoring debt demands.

MercyMeB

Have posted  the unsuccessful POPLA appeal.

Have started to receive the threatening debt collectors letters (as advised) I have filed at the bottom of th budgerigar cage.

Thank you for keeping me strong and focused to fight this unjust parking charge.

aa92

POPLA appeal was successful as CCPC did not submit their evidence within the required 21 day time frame!!! 

fisherjim

aa92 said:

POPLA appeal was successful as CCPC did not submit their evidence within the required 21 day time frame!!! 

I don't actually think the Muppets could find any reasons to continue with it to be honest

Half_way

The question is, if this is an area where they shouldn't ticket for example on the public highway, then how many people will/are  just paying up thinking this is a fine?

 From what im aware of most people will pay up without question when presented with a PPC ticket/charge notice (and that's not to mention car hire companies), and the cases reported on here are just the tip of the iceberg.
 Nice little money spinner.