PCN issued at Matisse road Hounslow by private parking solutions (London) limited - appeal rejected

Le_Kirk

wajira27 said:

The PCN came in the post.  It was taken by a warden who was hiding inside a vehicle praying on people!
I have explained this under my point 7 in the draft appeal above. 

They aren't wardens, they have no legally attributed powers, at best they are operatives.  Were they kneeling down on a prayer mat inside the vehicle?  If not then they were preying!  It is best to use correct words, especially if this goes to a small claims hearing.

wajira27

Le_Kirk said:

wajira27 said:

The PCN came in the post.  It was taken by a warden who was hiding inside a vehicle praying on people!
I have explained this under my point 7 in the draft appeal above. 

They aren't wardens, they have no legally attributed powers, at best they are operatives.  Were they kneeling down on a prayer mat inside the vehicle?  If not then they were preying!  It is best to use correct words, especially if this goes to a small claims hearing.

Sorry about the typo.  I get your point!

wajira27

I have drafted below regarding "No evidence of Landowner Authority" extracting some words from the previous posts in the forum, appreciate your review and comments.

The operator does not have proprietary interest in the land then I require that they produce an unredacted copy of the contract with the landowner. The contract and any “Site agreement” or “user manual” setting out the details including exemptions – such as any “genuine customer” or “genuine Resident” exemptions or any site occupier’ “right of veto” charge cancellations rights – is key evidence to define what this operator is authorised to do and any circumstances where the landowner /firms on site in fact have a right to cancellation of a charge. It cannot be assumed, just because an agent is contracted to merely to put some signs up and issue Parking Charge Notices, that the agent is also authorised to make contracts with all or any category of visiting drivers and / or to enforce the charge in court in their own name (legal action regarding land use disputes generally being a matter for landowner only)

Witness statements are not sound evidence of the above, often being pre-signed, generic documents not even identifying the case in hand or even the site rules. A witness statement might in some cases be accepted by POPLA but in this case I suggest it is unlikely to sufficiently evidence the definition of the services provided by each party to the agreement.

Nor would it define vital information such as charging days/ times, any exemption clauses, grace periods (Which I believe may be longer than the bare minimum times set out in the BPA code of practice) and basic information such as land boundaries with clear identification / address of the location. Not forgetting the evidence of the various restrictions which the land owner has authorised can give rise to the charge and of course how much the land owner authorises this agent to charge (Which cannot be assumed to be the sum in the small lettering/print on the sign because template private parking terms and some have been know not to match the actual landowner agreement)

The paragraph 7 of BPA code of practice defines the mandatory requirements and I put this operator to strict proof of full compliance.

wajira27

I have another question - under which section should I submit my POPLA appeal. there are two sections under "Other" where i can only think of to appeal my case.

1. Due to extreme circumstances
2. Other

POPLA have already hinted that any appeals submitted under these two sections are less likely to be successful.

KeithP

Do you have any 'extreme circumstances'?
If not, choose the other option.

Coupon-mad

wajira27 said:

I have another question - under which section should I submit my POPLA appeal. there are two sections under "Other" where i can only think of to appeal my case.

1. Due to extreme circumstances
2. Other

POPLA have already hinted that any appeals submitted under these two sections are less likely to be successful.

This is already explained in the third post of the NEWBIES thread that we recommend you read before submitting an appeal.

wajira27

Coupon-mad said:

wajira27 said:

I have another question - under which section should I submit my POPLA appeal. there are two sections under "Other" where i can only think of to appeal my case.

1. Due to extreme circumstances
2. Other

POPLA have already hinted that any appeals submitted under these two sections are less likely to be successful.

This is already explained in the third post of the NEWBIES thread that we recommend you read before submitting an appeal.

Yes I read it....its suggestion is to appeal under other.
My reason for stopping is due to my son's medical condition and fact that he was not well.  Any medical conditions listed under extreme circumstances in popla.  Is it OK to submit the appeal under extreme circumstances?
But all others points in my appeal doesn't come under extreme scenario. 
Bit confused! 
I hope hope if I appeal under "other" it's not a deal breaker?

Coupon-mad

You could choose either, makes no odds.

Can you do us a favour?

Someone today has said there is a new box in the POPLA process, asking who was driving.  We hope not...that's not allowed to be conditional as part of any appeal (except in Scotland where POPLA isn't usually worth trying).

Can you take a screenshot if there is such a box, and show us the question about who was driving?  And do you have to put something there in order to appeal?  If POPLA have added one I want to show the Government what's happening 

wajira27

Coupon-mad said:

You could choose either, makes no odds.

Can you do us a favour?

Someone today has said there is a new box in the POPLA process, asking who was driving.  We hope not...that's not allowed to be conditional as part of any appeal (except in Scotland where POPLA isn't usually worth trying).

Can you take a screenshot if there is such a box, and show us the question about who was driving?  And do you have to put something there in order to appeal?  If POPLA have added one I want to show the Government what's happening 

Hi there,
I had a look at POPLA and I can see there is a tick box if someone else is submitting the appeal on behalf of the Motorist (they use word Motorist - is this referring to Driver?). If this box is not ticked it ask for "your details" - i believe they imply that if this box is not ticked the driver/motorist is appealing?
If the box is ticked, it ask for motorist details as well as the person who is filing the appeal. This is how I understand it.
See screen shots attached.

Coupon-mad

The mistake is ticking that the appellant is acting 'on behalf of' someone.  I've never ticked that box in my life when appealing for people!  You are right, you do not tick that.

Thanks for clarifying nothing has changed.