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

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Comments

  • Coupon-mad
    Coupon-mad Posts: 152,750 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 December 2022 at 3:49PM
    Builders/etc couls contact the HA.

    Wait...let me get this right...so you think on private land at this OP's own home, ALL his visitors including Amazon delivery drivers, nurses, midwives and carers for elderly people or pregnant ladies/newborns, and all the residents' family and friends have to 'contact the HA' before driving onto this land?!

    How does that work?

    FWIW I too read signs and park properly.

    This OP was not parked nor stopped improperly.  You disagree with HHJ Harris in Jopson?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • diystarter7
    diystarter7 Posts: 5,202 Forumite
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    Builders/etc couls contact the HA.

    Wait...let me get this right...so you think on private land at this OP's own home, ALL his visitors including Amazon delivery drivers, nurses, midwives and carers for elderly people or pregnant ladies/newborns, and all the residents' family and friends have to 'contact the HA' before driving onto this land?!

    How does that work?

    FWIW I too read signs and park properly.

    This OP was not parked nor stopped improperly.  You disagree with HHJ Harris in Jopson?
    Well let do that.
    No idea re amazon etc etc I guess like most people they park up in a bay and walk up?

    It worked for me, my colleagues from soc services, housing, NHS staff, carers etc - not sure what the others did but it worked and that is a fact.

    Are you trying to tell me that these kinds of schemes in hundreds of estates etc, those living there go without "amazon" delivering other deliveries and no visits from builders/carer nurses?

    What did the CCTV people say exactly why they ticketed the OP?? Was it because they were parked in an appropriate bay, area and they felt like giving them a ticket? If that is the case I'm with the OP. However, if the car was parked not as advised, then the ticket was coming. So I'm with the OP if they had parked within the rules but I support the HA enforcement for helping those living there to stop a free for all.


    You may think I'm being harsh but I'm being sensible and speaking up for those who favour parking restrictions/etc.

    As I've said if the enforcement people are wrong they must be pulled up.
    Thanks


  • Fruitcake
    Fruitcake Posts: 59,464 Forumite
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    edited 2 December 2022 at 5:55PM
    Again, the vehicle was not parked, and it wasn't a CCTV company; it was an employee of an unregulated private parking company who abandoned their own vehicle in order to issue a parking charge notice to the OP in breach of the OP's property rental agreement.

    I too am in favour of proper parking management, but one that targets genuine residents in breach of their existing rights is completely wrong in my opinion.







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  • KXL88
    KXL88 Posts: 66 Forumite
    Third Anniversary 10 Posts Name Dropper
    edited 2 December 2022 at 6:25PM
    Hi all,
    I would like to confirm that I placed my car in a stationary position near the ground floor entrace door for the purposes of unloading a large item (i even left my side lights on). I live on 3rd floor. Returned within less than 5 mins already had a PCN on wiper. Been told by HA that it's 5mins grace period on their contract with LINK (have email proof). Dashcam footage proves I was given a ticket less than 2 mins since stationary and the warden came around from a blind corner with a car and immediately ticketed without any regard of 5 mins. Likewise the warden has left his car stationary for purposes of ticketing. Vehicles such as Royal mail, supermarket vans, utility vans and so on leave their vehicles in a similar fashion, even a police car today. There are no signs anywhere on the building that states 'no parking, no loading, no waiting.' Such signs do exist on a two way main road (2-3 mins walk) coupled with double yellows in an adjacent street and yellow box. None of these were anywhere where my car was stationary.
    In the LINK proof, the warden has uploaded the parking T&C from that other street, to include in my PCN. He or she had to walk to that one (2 mins timestamp) while actually leaving the car in the exact same position next to mine mine. It is NOT the same T&C as the closest T&C parking sign.

    Maybe posting some pics might help? am I allowed to do that?
  • Umkomaas
    Umkomaas Posts: 43,428 Forumite
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    Maybe posting some pics might help? am I allowed to do that?
    Yes, of course. Click on the square box with an outline of a mountain and the sun (directly above the Reply box) , then use the box that ensues to link to the relevant photo in your photo library. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Half_way
    Half_way Posts: 7,484 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Rules are only rules if the rules are enforceable, so all of this you broke the rules pay the "fine" stuff is pure excrement .
     Unloading is not parking.

    It may surprise some, but this place isnt against parking restrictions, what it is against is scumbag company's taking the proverbial with scams, and trying to take something ( ie parking charge notices) and aggressively pursuing  people who are legitimately going about their business

    If you need to look at restrictions for parking then you need to look at the wider issue, instead of getting some scumabg parking company in - and that definition of scumbag, in my opinion would be anything affiliated to either the British Parking Association limited (BPA) or the International Parking Community (IPC)


    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • KXL88
    KXL88 Posts: 66 Forumite
    Third Anniversary 10 Posts Name Dropper
    edited 2 December 2022 at 7:03PM
    Parking T&C closest to where the car was left

    parking condition on a different road that was used as part of Link's proof

    Where I left my car (no such sign exists nor road markings)

    View from my balcony, (black Qashqi is where I left car, but facing other way, boot nearest to door). Cars on left are DB cars.

    As I mentioned car was there for purposes only of unloading, afterwhich I parked my car properly in my allocated underground parking lot about 100 meters away. it was about 45 seconds after I've brought the things up, the warden arrived in his/her car and ticketed mine without knowing how long previously I might have been there.

    Do you reckon I have a good defense. After reading fully the Jobson v Homeguard case I believe so (but of course I'm optimistic). However after seeing these pics on where my car was temp for purposes of unloading, coupled with not given the correct grace period is it worth taking it further or just sucking it up and paying the £.

    Specifically this LINK's response to my first appeal.
    'You parked your vehicle in a manner which attracted a charge as your vehicle was parked in a no parking area. It is the drivers responsibility to ensure they meet the parking requirements. Our signs clearly advertise the parking requirements and by not meeting them you accepted our charge. As a resident you would be fully aware of the terms of parking which have been in place for several years. There is no grace period for vehicles parked on the pedestrian walkway and Infront of the entrance does as you did.Given the facts we are rejecting your appeal and now expect full payment to be made'

    Although I do wonder, where should I leave my vehicle for unloading then? On both the parking T&C it doesn't mention anything about loading (or not able to) or mentining anything about pedestrian areas.
  • Half_way
    Half_way Posts: 7,484 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You didnt park though, you were unloading and also that signage is pure nonsense and can not form a contract, so even if parked and the signage was valid you can not agree to do something you are expressly not allowed to do
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
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