Help requested - Parking Charge Notice received for briefly stopping in a private road

Eodnhoj

Please can I request some help with a PCN recently received relating to stopping in a private road for less than one minute.

I have read the Newbies forum and used the information from it to create my appeal, but this has now been rejected. I am minded to take this on to POPLA, but I would like to know what my prospects of success are and to receive some advice on how best to structure this.

The facts of the case are as follows:
1. The driver entered, for the first time ever, a private road that is adjacent to a row of shops in a village centre.
2. There are no meaningfully visible warning signs regarding parking restrictions upon approach to making the turn into the private road, that can be read from a moving vehicle.
3. The vehicle came to a stop in the private road for less than one minute. A passenger exited to post a letter in a postbox. The engine was not switched off and the driver did not exit the vehicle. 
4. The vehicle turned round in the private road and left the site. 

We believe that the PCN received for this event is manifestly unfair and that the vehicle was never even "parked" according to any reasonable definition.

I have attached to this post redacted versions of the documentation and communication so far. Also attached is a picture of the signs that are present once within the private road. Please can someone help and provide some advice?

I was also bemused to notice that the appeal rejection solely directs me towards IAS for taking this further, whereas the PCN mentions POPLA. I presume that I can still go to POPLA and that this is preferable in terms of the likelihood of a favourable result?

Smelly_Dog

The trick to these things is to approach them as cool snake rather than a raging bull no matter how angry you are. There was no need for the superfluous information in your "appeal." If you had read the NEWBIES threads it clearly states to send the blue worded paragraphs which are similar but not exactly the same as you have written.
Hopefully, one of the more experienced Forumites will be a long to point you in the right direction tonight or tomorrow. Just relax and let the wheels slowly turn. Read AS MUCH AS YOU CAN in the Newbies section. There is a lot to take in but nothing to get worked up about.

Coupon-mad

Which location please?

Hundreds of threads about OPS, ex-clampers who are considered Sussex pariahs.

Nobody pays this lot even if losing at POPLA.

1505grandad

They are now listed on the IPC AoS members sheet. 

lookbook

I would say it's reasonable you didn't park.

Eodnhoj

Coupon-mad said:

Which location please?

Hundreds of threads about OPS, ex-clampers who are considered Sussex pariahs.

Nobody pays this lot even if losing at POPLA.

The location is Kings Close, Yapton

Castle

1505grandad said:

They are now listed on the IPC AoS members sheet. 

True, but the NTK was issued when they were members of the BPA and the signs would appear to show the BPA roundel at the time the "contract" was alleged to have been formed.

GrumpyDil

Isn't this another one of the no contract cases as the signage was forbidding, albeit with those entry and exit times you'd be hard pressed to argue that there was any parking event anyway?

Coupon-mad

Castle said:

1505grandad said:

They are now listed on the IPC AoS members sheet. 

True, but the NTK was issued when they were members of the BPA and the signs would appear to show the BPA roundel at the time the "contract" was alleged to have been formed.

Hmmm good point.

What would be fun would be trying an IAS appeal citing the BPA CoP!

POPLA won't be available.

Eodnhoj

Many thanks for everyone's comments thus far. To summarise, the collective view from both from the replies received and through reading other threads on the forum is:

1. The appeal letter may have deviated from the suggested template text, but this is unlikely to have made a material difference to OPS's subsequent declination of the appeal.
2. Despite the NTK mentioning POPLA, any appeal on their decision will have to be made to IAS. POPLA can't be used.
3. The collective opinion of the forum regarding IAS isn't good, and it's highly likely they will find in favour of OPS.
4. Being prepared to withhold payment and ultimately to take this to court is the way to go, riding out all of the threats and letters that will come with that.
5. Should it ever end in a court hearing, there's a good chance it would get thrown out, not least for the minimal time period involved. 

Am I mistaken/does anyone disagree please?

Coupon-mad

I disagree and suggest you try IAS for the reason I stated above.

Also, OPS won't be used to IAS. They may well tire and drop it when you keep coming back about BPA Code breaches, etc.  IAS lets you keep commenting!

If not you have lost nothing. Nobody pays OPS.