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

B789

Typical POPLA. What is the legal definition of "Motorist" when it comes to parking charges? A deliberate attempt to obfuscate?

wajira27

Little sense of relief as I just submitted my POPLA  appeal. lets see what they come back with!
its 17 pages containing all the details/points and my evidence.
Thanks to all who contributed in advising and commenting on the questions I had.
will update once I get a reply from POPLA.

Cheers

wajira27

I had a notification from POPLA that PPS have submitted their evidence.  This is what they are saying. also they have attached a copy of their agreement. wondering how I can attach here for your reference. I have 7 days for my comments now.
also they have attach a map calling Matisse Road as Holloway street, which is totally wrong. how best to prove that their map is wrong or PPS are providing wrong and misleading information?

Below is our statement to POPLA regarding the appeal case in the subject line above, and the evidence pack is attached to this email.

"Dear Assessor,

The contract that we are seeking payment on has arisen from a breach of the notified terms and conditions of parking stated on the signs that the landowner has requested us to erect and permitted to remain erected at this location. The evidence of the agreement we have with the landowner confirms our position to conduct parking management for Zone A + B, Holloway Street in Hounslow. The sitemap shows its area. The warden’s photos show that the appellant’s vehicle is parked on the land that we manage. This is also demonstrated by the signs in sight of the appellant’s vehicle. The photographs show that the appellant was parked within close proximity to one of these signs, and therefore, they were adequately informed that this was private land. This was also stated on the ground with large bold letters.
As the contract formed when parking is between the motorist and the operator through the terms and conditions set out on the signage, the signage at the location in question is clearly located to make motorists aware of the terms and conditions and the potential consequences of non-adherence to the terms have been made fully available "No parking at any time. Private land, strictly no parking, waiting or loading at any time, unauthorised parking will result in a parking charge notice of £100 being issued."
The charge was issued because the appellant's vehicle was parked in enforcement zone in strictly no parking at any time area, which is a direct contravention of the terms and conditions of parking.
A parking event occurs where a motorist either makes use of the parking services or remains on the car park for an unreasonable duration. By entering and remaining on the site, motorists are considered to be using the parking service and as such, must comply with the terms of the site. In the present case, the appellant parked on site to carry out a medical procedure for their son. The appellant has therefore made use of parking facilities on the site.
Section 13.1 of the British Parking Association Code of Practice permits the driver five minutes as a consideration period to read the terms and conditions to decide if they are going to stay or go. This time can only be used for this reason so as the appellant has confirmed that they were carrying out a medical procedure and not actively reading the signage, they have confirmed that they accepted the terms and conditions of the parking contract. This means that the consideration period would not apply.
It should be noted that the warden is employed to establish a breach of contract. As the appellant was parked in breach of the terms and conditions, it is normal for the warden to have taken photographs of the appellant’s vehicle to prove that a breach of the terms and conditions had taken place.
It is also important to note that the pictures of a supposed parking attendant, the appellant provided as evidence, are not date and time stamped and there is also nothing to suggest that this was the person that issued the parking charge to the appellant's vehicle.
By parking at the site, the appellant became subject to the terms and conditions, which apply to all motorists that use the site. By choosing to remain in a strictly no parking at any time area, they contravened the parking contract and this has resulted in them being liable for a PCN. Ultimately, it is the motorist’s responsibility to ensure they read the signs and adhere to the terms and conditions of the car park in order to avoid the possibility of a PCN being issued."

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Greatly appreciate any comments.

Fruitcake

You have six days, not seven. The day you receive the communication is day 1, even if it were to arrive at one second to midnight.

You can copy and paste the PPC's comments (across more than one post if necessary) or upload a (redacted) image to Dropbox or similar then post the link here.

Any point they have failed to address should elicit a response that those points must be accepted and the appeal allowed.

Rebut everything else.

wajira27

Fruitcake said:

You have six days, not seven. The day you receive the communication is day 1, even if it were to arrive at one second to midnight.

You can copy and paste the PPC's comments (across more than one post if necessary) or upload a (redacted) image to Dropbox or similar then post the link here.

Any point they have failed to address should elicit a response that those points must be accepted and the appeal allowed.

Rebut everything else.

I have tried to upload the PPS agreement with the landlord as pictures, but it doesn't seems to work. not sure if you can see what I tried to upload? ( I cannot see)
PPS have not commented on few of my points, i will highlight those to POPLA.

also their original agreement with the landlord expired 01.09.2021 as dated and there is a automatic renewal close. but PPS haven't provided any evidence of a renewal or any other document to show that this agreement is still in force. should this be a point to highlight to POPLA?

also in the agreement it says that - (this is mentioned as "important")

"if the drive leave the car park whilst his vehicle remains in the car park, and does not comply with the terms and the conditions he/ she will be liable to receive a parking charge"

I never left the vehicle and I was in the driving seat all the time (94 seconds). should I point this out to POPLA?
also the contract says that parking attendants to wear clear uniforms with PPS signs on their uniforms - again this was not the case and in breach of their own contract with the landlord?

Fruitcake

Mention anything that supports your case, but remember that you only have 2000 CHARACTERS to do this, including spaces and punctuation.
Be brief but precise.

Things like, the landowner contract expired on X date but there is no proof it was renewed.

B789

Remember to highlight every point from your appeal that they failed to refer to in their evidence. Irrespective of what they have written in their evidence, they must respond to every point you have made in your appeal otherwise they lose.

Umkomaas

Fruitcake said:

Mention anything that supports your case, but remember that you only have 2000 CHARACTERS to do this, including spaces and punctuation.
Be brief but precise.

Things like, the landowner contract expired on X date but there is no proof it was renewed.

I think that's changed, no limit now. 

wajira27

B789 said:

Remember to highlight every point from your appeal that they failed to refer to in their evidence. Irrespective of what they have written in their evidence, they must respond to every point you have made in your appeal otherwise they lose.

Thanks for this information, i raised 9 points in my POPLA appeal and they have failed to respond to 4 points i raised in my appeal. 

wajira27

Umkomaas said:

Fruitcake said:

Mention anything that supports your case, but remember that you only have 2000 CHARACTERS to do this, including spaces and punctuation.
Be brief but precise.

Things like, the landowner contract expired on X date but there is no proof it was renewed.

I think that's changed, no limit now. 

I logged on to POPLA yesterday to check the format and how I need to respond to the comments from PPS. I can confirm the Character limit appears as 10,000 now.
But it doesn't allow to attach any documents or pictures. just the text you can include