PCN opposite Royal Mail Hounslow

intex310

Thank you @KeithP.

Here you go.:

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. The images you’ve provided on the portal was taken between 10:13:50 till 10:18:40 which is technically less than 5 minutes within which the vehicle had left.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If the allegation involves "no parking at anytime" there is no offer to park for the general public so no contract was offered and a two bit parking company cannot force a charge under a non-existent contract.

The car was stopped momentarily for loading a bulky item from Argos.  This took no more than a couple of minutes and the vehicle promptly left the scene. There was no 'ticket' on the car, but a few days later a PCN letter from PPS Parking arrived.  The car was not parked so any breach is denied.   The Keeper will rely upon the persuasive appeal case heard by HHJ Charles Harris QC at Oxford: Jopson v Homeguard Services Ltd [2016] - claim number B9GF0A9E and cases of similar fact.

intex310

I wrote to my MP and the response is :

Thank you for the further information, please can you confirm that you have contacted the parking company and authorised them to discuss your case with us.

I have already submitted my appeal. How do I authorise MP to deal as I didn’t mention it on my appeal?

Coupon-mad

Send them a complaint as per their Complaints Policy, saying the thing your MP wants it to say.  Screenshot it and show it to your MP.

intex310

This is what i got from the mp: 
Unfortunately though it appears that you parked on private land that was displaying signs saying “no parking, waiting, or loading at any time”. The parking company does acknowledge that a grace period should be allowed on private land in order to give drivers time to read the signs and return to their car. However in your appeal you have admitted that you had in fact left the vehicle in order to collect and load an item into your car, and therefore for this type of activity they do not need to give you a grace period.

On this basis it appears the PCN was correctly issued, however if you don’t agree with this, or want another opinion, you do have the option of escalating the matter to POPLA (https://www.popla.co.uk/https://www.popla.co.uk/) who will independently ascertain whether the PCN is valid or not.

I am sorry that this is not the response nor outcome that you were hoping for.

intex310

First Appeal rejected:  https://imgur.com/a/2nUgUOL

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 your vehicle was parked in enforcement zone in strictly no parking at any time area, which is a

direct contravention of the advertised on the signage terms and conditions of parking.

The contract formed when parking is between the motorist and the operator through the terms and conditions set out on the

signage. The signage on site is evenly spread and makes it clear that failure to comply with the stated terms, regardless of the

reason, would result in the issue of a PCN “Private Land, No parking at any time.''

The charge was issued because your vehicle was parked on site in strictly no parking, waiting, or loading at any time area.

This is further supported by the warden’s photographic evidence, showing that the vehicle has been observed not being parked

under the terms of the car park for at least four minutes, where there were visible notices on display, clear and easy to see and

read.

Please be advised that while the British Parking Association Code of Practice allows motorists a grace period upon entry to a car

park, this is to review the terms and conditions in operation: "If the driver is on your land without permission you should still

allow them a grace period to read your signs and leave before you take enforcement action."

Having reviewed the images, there has been no evidence provided to suggest you were reviewing the terms and conditions. By

loading a bulky item from Argos, you have gained utility from the site rather than checking the signage and leaving the site. As

such, the grace period does not apply as it was not used for its intended purpose.

I also note your comments that there may have been nowhere else to park, but it is not the operator’s responsibility to facilitate

alternative parking. Our responsibility is to enforce the restrictions on this private land, and as such, it is the warden’s duty to

issue a PCN to any vehicle parked in breach of the terms.

Signage on site makes clear that no parking, waiting, or loading at any time is permitted on the site in question. It is evident that

the terms were adequately brought to your attention, and if you decide to remain on site and do not review the full terms and

conditions of parking, we cannot be held responsible for a breach of the parking contract. For the reasons noted above, I

conclude that the PCN has been issued correctly. Accordingly, I must refuse your appeal. Ultimately, it is a driver’s responsibility

to read the signs and act in accordance with the terms and conditions.

To avoid incurring further administration cost, please arrange your remittance of £60 within 14 days from the date above (we

reset the clock). Please note that after this time the Parking Charge Notice will rise to £100.00 if you pay within 28 days from

the date above and to £160 once we pass the details of your case to debt Recovery Company.

Coupon-mad

intex310 said:

This is what i got from the mp: 
Unfortunately though it appears that you parked on private land that was displaying signs saying “no parking, waiting, or loading at any time”. The parking company does acknowledge that a grace period should be allowed on private land in order to give drivers time to read the signs and return to their car. However in your appeal you have admitted that you had in fact left the vehicle in order to collect and load an item into your car, and therefore for this type of activity they do not need to give you a grace period.

On this basis it appears the PCN was correctly issued, however if you don’t agree with this, or want another opinion, you do have the option of escalating the matter to POPLA (https://www.popla.co.uk/https://www.popla.co.uk/) who will independently ascertain whether the PCN is valid or not.

I am sorry that this is not the response nor outcome that you were hoping for.

Useless MP.

They've just repeated what the PPC told them. 

fisherjim

NO PARKING AT ANY TIME

PRIVATE LAND, STRICTLY NO PARKING, WAITING OR LOADING AT ANY TIME

But they are not offering a contract which you haven't even evidenced, the above is basically stating that you are trespassing, no two bit parking company can charge you for trespass only the landowner can do that through the courts.

intex310

Should I send the same appeal to POPLA? I was also checking if they've got a permission from local council with regards to advertising consent for signage )Private Parking Solutions (London) Ltd at 134, 136-138 High Street Hounslow, TW3 1LR). I could not find the database and awaiting a response from Hounslow. 

fisherjim

No your POPLA appeal about what you did on the day won't work.

intex310

fisherjim said:

No your POPLA appeal about what you did on the day won't work.

Could i get something for POPLA?