Private car park disguised as public road

BlueButterfly345

Hello - looking for similar advice having been stung on the same road!

I appealed to PPS and unsurprisingly they rejected it, any thoughts though on if it's worth taking to POPLA? I tried to use a similar argument to you Gorilla17 so any advice would be appreciated.

Below is PPS' response:

The charge was issued because your vehicle was parked on double yellow lines, which is a direct contravention of the advertised on the signage terms and conditions.

The signage, placed prominently, is sufficient to inform drivers that they are entering private land and need to be aware of terms and conditions once they are within the car park itself. It also made clear that failure to comply with the terms offered, regardless of the reason, would result in the issue of a £100 PCN.

Please note that double yellow lines marked out on a road or in a car park, are done so to prevent motorists from parking in these areas, as they may be deemed inappropriate for parking for various reasons, including that it may cause obstruction to road users for the purposes of access. Therefore, regardless of signage, the existence of double yellow lines is an easy to understand indicator that this area had not been made available for parking. At the point you parked your vehicle on double yellow lines, you indicated your acceptance of the terms in place and formed a contract.

Please be advised that while the British Parking Association Code of Practice allows motorists a grace period upon entry to a car park, this is to review the terms and conditions in operation: "If the driver is on your land without permission, you should still allow them a grace period to read your signs and leave before you take enforcement action."

Having reviewed the images, there has been no evidence provided to suggest you were reviewing the terms and conditions. By unloading in this area, you have gained utility from the site rather than checking the signage and leaving the site. As such, the grace period does not apply as it was not used for its intended purpose. I do understand your reasons for this parking event; however, this site is private land with its own terms and conditions and the motorist is to adhere to the terms as set out. Considering the evidence provided by both parties, I find the ticket is issued correctly. Accordingly, I refuse your appeal. Ultimately, it is the responsibility of the motorist to read the signs and adhere to the terms and conditions of the site.

Le_Kirk

If you are looking for help, advice and guidance, you should start your own thread as it can become confusing advising two posters on the same thread.