Parking Charge Notice

Boat_to_Bolivia

Search the NEWBIES thread, a sticky at the top of this forum.

Coupon-mad

No-one is suggesting you add much except your own signage photos, like everyone does.

What do you need to know in addition to the 'How to win at POPLA' post 3 of the Newbies thread?

captainzorro

I have just appealed . I think reading the other forums, I realise I may have made a mistake as I choose that I am appealing as a driver . Below is my appeal to Parking Eye.

Hi

I note that within the Protection of Freedoms Act (POFA) 2012 it discusses the clarity that needs to be provided to make a motorist aware of the parking charge. Specifically, it requires that the driver is given 'adequate notice' of the charge. POFA 2012 defines 'adequate notice' as follows:

''(3) For the purposes of sub-paragraph (2) 'adequate notice' means notice given by: (a) the display of one or more notices in accordance with any applicable requirements prescribed in regulations under paragraph 12 for, or for purposes including, the purposes of sub-paragraph (2); or (b) where no such requirements apply, the display of one or more notices which: (i) specify the sum as the charge for unauthorised parking; and (ii) are adequate to bring the charge to the notice of drivers who park vehicles on the relevant land''.

Even in circumstances where POFA 2012 does not apply, I believe this to be a reasonable standard to use when making my own assessment, as appellant, of the signage in place at the location. Having considered the signage in place at this particular site against the requirements of Section 18 of the BPA Code of Practice and POFA 2012, I am of the view that the signage at the site - given the minuscule font size of the £sum, which is illegible in most photographs and does not appear at all at the entrance - is NOT sufficient to bring the parking charge (i.e. the sum itself) to the attention of the motorist.

There was no contract nor agreement on the 'parking charge' at all when entering the site. It is submitted that the driver did not have a fair opportunity to read about any terms involving this huge charge, which is out of all proportion.

Picture attached hereby of the entrance which shows no signage at the entrance and inadequate and illegible signs.

I hereby appeal for this PCN to be waived as a result of the above evidence.

thanks.

captainzorro

Just added further appeal to state that appealing as a registered keeper not a driver.

Coupon-mad

So you are not yet at POPLA stage?

captainzorro

No just appealed to parking eye.

B789

captainzorro said:

I have just appealed . I think reading the other forums, I realise I may have made a mistake as I choose that I am appealing as a driver .

Just to be clear... did you appeal to PE using their web form and you ticked a box that admitted to being the driver? Where did you get that wording in your original appeal from? Also, how did you add to the original appeal?

What "other forums" are you referring to?

captainzorro

Yes appealed to parking eye using their web form. I got the wording from the newbie forum in mse .( One of the link within)

I chose as a driver originally and then read that need to choose as a registered keeper so entered my PCN details and number plate and it asked if I wanted to add anything further to my appeal so added the note about registered keeper.

KeithP

captainzorro said:

I chose as a driver originally and then read that need to choose as a registered keeper so entered my PCN details and number plate and it asked if I wanted to add anything further to my appeal so added the note about registered keeper.

Oh dear.

Once they know who was driving their task becomes much easier.
They are unlikely to forget that you were the driver just because you have now told them that you are the Registered Keeper.

captainzorro

Can't do much now but wait for their response