Is it worth appealing or shall i just pay? "Private Parking Solutions (PPS)

Coupon-mad

Don't use your close-up pics.

For POPLA, as well as the STANDARD POINTS already in the NEWBIES thread...

I'd use a cropped version showing no sign and say this is where the car was parked, no sign in view and if they didn't want any cars parking there why did they not continue the DYL along the kerb and put up more signs due to the foliage, plus a prominent entrance sign, barrier or a warning or hashed lines on the road.

fisherjim

In addition to what CM says you need to show photos of the same in the dark (in the conditions you parked) also must be dated to show they are current.

Don't end off any appeal until you have posted it here.

Bonez14

here is the photos they have shown me

Bonez14

Here is my current Draft, Im not sure how much of this will apply. Also not sure where the web links are? can anyone tell me? Is there other points I can add or I need to remove?


Here is draft file in dropbox  @fisherjim

Bonez14

I have received a response on popla be Operator and have 7 days to respond from today

"""

Operator Name

Private Parking Solution (London) - EW

Operator Case Summary

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 demonstrates that the signage 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 the issue of a £100 parking charge notice". 

The charge was issued because the appellant's vehicle was parked in a no parking area, which is a direct contravention of the terms and conditions of parking. The photographic evidence shows vehicle registration S500 BTC in a stationary position, in an area where there were visible notices on display, which stated NO PARKING AT ANY TIME in large bold letters. The signs are positioned at eye level and fall within the font size recommended by the BPA code of practice, so it is clear that the signs were readable and positioned in a way that could allow the appellant to understand the terms and conditions. The signage is displayed as black text on a white background making it prominent to all motorists when they park. It is evident that the signage would have been visible when the appellant arrived on site, and therefore, they entered into a valid contract as they remained in situ.

In relation to grace periods, the British Parking Association (BPA) Code of Practice states: “Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period of and pay for that service in advance (Pay & Display), this would be considered 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”. It is important to note that a grace period is not a period of free parking for the motorist and a grace period only needs to be granted in a location where parking is permitted. The signs located within the area state that there is no parking at any time, therefore, the appellant would not be entitled to any grace period. 

In their original appeal, the appellant explained that they parked in good faith, believing it to be a fair place to wait temporarily due to the absence of parking restrictions indicated by yellow lines and the unclear nature of the road's private status. Section13.1 of the BPA Code of Practice states: "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 dependent on site size and type but it must be a minimum of 5 minutes.” Whilst the evidence shows the vehicle to have been parked for a period less than five minutes, by the appellant’s own admission they spent this time not considering the site’s terms but rather waiting on site, for which there is no allowance under the Code. The signs located within the area state that there is no parking at any time. The signs elaborates by saying no parking, waiting, or loading at any time. The consequence of doing so would be a PCN of £100. 

By choosing to ignore the terms and remain in a no parking area, the appellant contravened the parking contract, and this has resulted in them being liable for a parking charge. 

We would also like to advise that the Protections of Freedom Act 2012 (PoFA) is used to transfer liability to the registered keeper of the vehicle when the drivers’ details are unknown. In this instance, the appellant confirmed they were the driver at the time of the parking event, and therefore, PoFA and its time frames do not apply.

"""

I have attached some of the evidence they have provided

nopcns

Whilst you may have received that operator response as a wall of text, why do you expect us to wade through it when you could at least split it into readable chunks?

Please repost after breaking it up into paragraphs with a bit of white space to make it easier for us to read and then advise on.

Bonez14

I have split them up on the different refusal points.

They have refused me on all the points i sent across to them

This was sent to POLA 

fisherjim

They stated to POPLA that you contravened the parking contract, however they never offered you a parking contact the signage states "NO PARKING AT ANY TIME" do you not see that they are not offering a parking contract from that statement?

Bonez14

So in my comments in POPLA, shall I add:

"As it has been stated "NO PARKING AT ANY TIME", I have not been offered a parking contract"

?

Coupon-mad

No.  That's not enough.