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LIDL SOUTHAMTON - 84 YEAR OLD DRIVER / NEED TO APPEAL

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Comments

  • Jason.rangou
    Jason.rangou Posts: 151 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 30 March 2024 at 11:12AM
    "I write to you as the registered keeper of the vehicle ...."
    "
    I wish to point out that I am 84 years old, I have mobility issues, for which I am currently under Southampton hospital and I have learning difficulties.."
    "...
    periods as per EQUALITY ACT 2010 'due to the fact the driver has learning difficulties and has protected characteristics ..."

    "
    2) The operator has not shown that the individual who it is pursuing is in fact liable for the charge."

    The driver has obviously been id'd so POFA not applicable

    Also as the parking event is 
    19/02/24 you should be using/quoting BPA CoP version 9 dated 1.2.2024 the grace etc periods para/wording is different)
    https://www.britishparking.co.uk/write/Documents/AOS/NEW Redesigned Documents/Version91.2.2024Highlight.pdf



    I have added these :

    13 Consideration and Grace Periods

    13.1 The driver must have the chance to consider the Terms and
    Conditions before entering into the ‘parking contract’ with
    you. If, having had that opportunity, the driver decides not
    to park but chooses to leave the car park, you must provide
    them with a reasonable consideration period to leave,
    before the driver can be bound by your parking contract.
    The amount of time in these instances will vary dependant
    on site size and type but it must be a minimum of 5 minutes

    13.3 Where a parking location is one where a limited period of
    parking is permitted, or where drivers contract to park for
    a defined period and pay for that service in advance (Pay &
    Display), this would be considered as a parking event and a
    Grace Period of at least 10 minutes must be added to the
    end of a parking event before you issue a PCN






  • I need to put my appeal to POPLA in tomorrow. Can anyone tell me if I need to add anything more and should I just go with what I have put together?
  • Jason.rangou
    Jason.rangou Posts: 151 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    My father chose to pay the PCN it in the end. Too much uncertainty for him. 
  • Coupon-mad
    Coupon-mad Posts: 162,050 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    There was no need and no risk. I saw no uncertainty?

    This rogue industry prevails because people pay them who shouldn't.

    People who pay fund the scam, sadly.

    Luckily there are people prepared to be heard by the Government and to change all this for everyone in future.  New regulation is coming; finalised this year after 5 years of work.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • There was no need and no risk. I saw no uncertainty?

    This rogue industry prevails because people pay them who shouldn't.

    People who pay fund the scam, sadly.

    Luckily there are people prepared to be heard by the Government and to change all this for everyone in future.  New regulation is coming; finalised this year after 5 years of work.

    I just found out he paid one of them because they reduced it by a further 50%.

    We still go to POPLA with the other one. I will send it in the morning. 
  • Jason.rangou
    Jason.rangou Posts: 151 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    POPLA SUBMITTED 04/04/24
  • Haylbo
    Haylbo Posts: 4 Newbie
    Part of the Furniture First Post Combo Breaker
    Haylbo said:
    I honestly wouldn't waste your time. Pay it while you still have the reduced rate (if they offered it)

    I used the Lidl charge station to charge my car and didn't realise that i still had to stay no longer than the 3 hours (this was in Scotland).

    Not only did the charger not work, it charged me and then I also got a fine for being 5 minutes over!

    They weren't interested at all.

    Just pay it, not worth the hassle
    You're fisherjim said:
    Haylbo said:
    I honestly wouldn't waste your time. Pay it while you still have the reduced rate (if they offered it)

    I used the Lidl charge station to charge my car and didn't realise that i still had to stay no longer than the 3 hours (this was in Scotland).

    Not only did the charger not work, it charged me and then I also got a fine for being 5 minutes over!

    They weren't interested at all.

    Just pay it, not worth the hassle

    Someone with two posts who paid a private parking invoice in Scotland where the PPC won't go any further with it, and also thinks it was a "fine" offering such poorly researched advice on a money saving site is not at all helpful!
    Sorry for giving the wrong advice. I have a company car who automatically pay any fines and then send me the details so that I can then query the charges. 

    Obviously once paid they aren't interested in my complaint!

    So yes, completely worthless advice in this case, my apologies 
  • Umkomaas
    Umkomaas Posts: 44,440 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 June 2024 at 12:17PM
    POPLA SUBMITTED 04/04/24
    Jason.rangou, it's around 10 weeks since you told us this, and we've heard nothing since. You've had a lot of help from regulars, I think we'd like to know if our advice has worked, otherwise, without feedback, how do we know if our advice is still current/working?
    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
  • The appeal was not successful this time. 
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