Ticketed less than 2 mins for unloading (Won at IAS Stage!)

Mouse007

You were not parked, you had stopped to unload. Jopson v Homeguard explains this. You may have to fight all the way, and be prepared to do so, but you have a 100% winnable case.

KXL88

Mouse007 said:

You were not parked, you had stopped to unload. Jopson v Homeguard explains this. You may have to fight all the way, and be prepared to do so, but you have a 100% winnable case.

Thanks, I had locked up my car and left the lights on, I did NOT leave my tailgate open. In this case would I be still considered parked or unloading...Ok, I think I should read Jopson v Homeguard fully first, and will see how similar it is to mine.

Mouse007

KXL88 said:

Ok, I think I should read Jopson v Homeguard fully first, and will see how similar it is to mine.

It's identical

Coupon-mad

Use your dashcam footage and the email from the HA (both) as evidence for IAS stage.

Point out the dashcam footage shows the ticketer's car screech to a halt(outside of a bay?) and the ticketer then ran over to plonk an immediate (no consideration period of 5 minutes) PCN on the windscreen.  This despite the grant of 5 minutes to unload before parking in bays, as expressly confirmed by the HA who have now kicked out Link Parking.

...BTW if the stupid HA believe that Link only got DVLA data for JUST 2 vehicles with multi PCNs, then the HA were born yesterday!  Parking firms get DVLA data for every case unless the driver appeals, in which case they don't have to.

Please note that in January where I live will indeed be going towards a CCTV monitoring system with 15 mins grace period for non-residents.

Please show us that communication and tell us which appalling PPC is being inflicted on you next?

You residents should be objecting to this!

How do you know you will be exempt?

You will drive past the ANPR of CCTV cameras, so your image will be captured every single time and you are not exempt unless there will be a way to 'exempt your car'.

You will not be safe from the new thug firm. A camera system issues PCNs silently, by post.

You could have a dozen PCNs in the post before you even realise... find out NOW how residents who park in the undercroft will be exempted from the intrusive camera ticketing machine, because you need to know.

KXL88

Coupon-mad said:

Use your dashcam footage and the email from the HA (both) as evidence for IAS stage.

Point out the dashcam footage shows the ticketer's car screech to a halt(outside of a bay?) and the ticketer then ran over to plonk an immediate (no consideration period of 5 minutes) PCN on the windscreen.  This despite the grant of 5 minutes to unload before parking in bays, as expressly confirmed by the HA who have now kicked out Link Parking.

...BTW if the stupid HA believe that Link only got DVLA data for JUST 2 vehicles with multi PCNs, then the HA were born yesterday!  Parking firms get DVLA data for every case unless the driver appeals, in which case they don't have to.

Please note that in January where I live will indeed be going towards a CCTV monitoring system with 15 mins grace period for non-residents.

Please show us that communication and tell us which appalling PPC is being inflicted on you next?

You residents should be objecting to this!

How do you know you will be exempt?

You will drive past the ANPR of CCTV cameras, so your image will be captured every single time and you are not exempt unless there will be a way to 'exempt your car'.

You will not be safe from the new thug firm. A camera system issues PCNs silently, by post.

You could have a dozen PCNs in the post before you even realise... find out NOW how residents who park in the undercroft will be exempted from the intrusive camera ticketing machine, because you need to know.

Thanks, I'm not sure I can upload the entire dash cam footage, so I've only uploaded the picture snaps in the first appeal, of the  timestamp when the car became stationary. I also read the Jopson v Homeguard, it's identical (just mine was 2 mins, theirs 1min). In the LINK parking pictures with my car in it, yes that same warden's car is seen in the background). In the correspondence they have not explicitly stated who the new parking enforcement company is, but I've registered my car with the HA so I should be in their database to disregard more than 15mins.

I'm not sure how uploading the image of the plonker's car also in 'breach' of this stopping/parking temporarily rule would help my cause?

TBH, we do have a parking issue of non-residents parking in non-parking areas. Actually we did agree on more stringent parking enforcement at the last AGM, so joke's on me!

I do worry about silent PCNs from the firm, as my car is leased, and everytime one comes trhough them, it's £10 admin fee from my leaser, even if it's incorrect.

Was under the impression LINK would need to pay DVLA for each case to check, so they would not do it, unless amassing many PCNs. during the AGM, the HA said, Link asked them direct for this info. I do wonder why I see so many of the same vehicles being ticketed over and over again. Yet they don't seem to care (car owners).

 

Although probably not relavent, we do have a concierge who claims he's told by Link warden it's 15 mins grace period before ticketing. And that there was lots of complaints about their practices hence why HA is doing away with them.

KXL88

Assuming in my IAS stage i should be aruging something like post 44 (bottom half): https://legalbeagles.info/forums/forum/legal-forums/motoring-parking/ppc-s-parking-charge-notices/parking-live-court-claims/99457-won-dismissed-at-court-parking-control-management-court/page3. Sorry I don't know if I can post other info from a non MSE forum site.

Coupon-mad

In the correspondence they have not explicitly stated who the new parking enforcement company is, but I've registered my car with the HA so I should be in their database to disregard more than 15mins.

Please ask the HA (by email so you get a paper trail) a few questions. Then tell us which thug they are inflicting on you all next.

You residents REALLY should not have asked for this.  All you needed was a gate or some £50 rising parking posts and an in-house cheap warning sign.

This will end in tears. What will happen if you get a visitor, use a courtesy car one day, or need a tradesperson to visit?  They will ALL be picked up by camera, regardless.

Buying DVLA data is normal for a PPC every single time and costs just £2.50.  That's how the cameras will work. The new thug company will get DVLA data every time for EVERY vehicle seen that exceeds 15 minutes and isn't on an (unreliable) HA white-list.

Visiting your estate will become a no-go area for visiting nurses, carers, cleaners, taxis and deliveries, let alone your friends, family & tradespeople.

Cannot warn you strongly enough.  This will kill the peace of mind of people living on the estate. Find out all the details!

diystarter7

KXL88 said:

diystarter7 said:

Coupon-mad said:

STOP THEM BY CALLING AN EXTRAORDINARY MEETING FOR THE RESIDENTS.

OP - I'm not referring to your incident it looks as though you have evidence you only parked in an allowed area for 2 mins otherwise they would have told you on the ticket you parked outside a marked area.

Thanks

Actually on the tkt it shows 'parked in a no parking area'

The alternative was to park in a disabled parking to unload/offload, which I thought wasn't right, plus wouldn't one park nearer to the door? I even left my parking lights on (but I know that's not relavent).

Hi
Thank you
The "alternative was" to park properly.

Just because you did not park in the DB as you don't have a badge and then park it in another apce where you are not allowed to.

FYI, I'm not having a go at you but stating the facts. Had you parked within the rules you would not be posting here.

I agree that many parking signs can be unclear but from what you have posted and if I read them, I would not have parked there.



Anyway, I hope you win and a lesson learned. I say this as it winds me up no end seeing people park where they want to, we are all different and I always park within the rules and never had a ticket nor speeding ticket.

Again I wish you luck with your appeal.

Mouse007

diystarter7 said:

The "alternative was" to park properly.

He was NOT parked, this is about stopping to unload. An ancillary action to his right of way easement.

diystarter7

Coupon-mad said:

In the correspondence they have not explicitly stated who the new parking enforcement company is, but I've registered my car with the HA so I should be in their database to disregard more than 15mins.

Please ask the HA (by email so you get a paper trail) a few questions. Then tell us which thug they are inflicting on you all next.

You residents REALLY should not have asked for this.  All you needed was a gate or some £50 rising parking posts and an in-house cheap warning sign.

This will end in tears. What will happen if you get a visitor, use a courtesy car one day, or need a tradesperson to visit?  They will ALL be picked up by camera, regardless.

Buying DVLA data is normal for a PPC every single time and costs just £2.50.  That's how the cameras will work. The new thug company will get DVLA data every time for EVERY vehicle seen that exceeds 15 minutes and isn't on an (unreliable) HA white-list.

Visiting your estate will become a no-go area for visiting nurses, carers, cleaners, taxis and deliveries, let alone your friends, family & tradespeople.

Cannot warn you strongly enough.  This will kill the peace of mind of people living on the estate. Find out all the details!

The highlighted bit

No it wont'

Where I worked for the council, I was an essential car user. The hA estates and certain parts of the city were permit holders only.
It was making our job really hard. We then got borough wide exemption permits.  Builders/etc couls contact the HA as often they ask if any parking respeticts. It can work and it did where I worked.

Most car owners that live on these estates or permit-controlled zones want restrictions and that is a fact no one can shy away from.

What I suggest is forward planning. Yes, when we pick our grandchild from school I amy want to mark on the yellow zig-zag like some do but I dont its dangerously - nor do i block anyone's drive or park on double yellows. I have to leave a lot earlier to to park properly. Rules are there for a reason

I do acknowledge the fact that some signs are poorly written/displayed etc and yes people need to challenge those.