Help please - PoFA compliant NtK

Thorndorise

I think you've answered you're own question - you weren't parked, you were merely stopped awaiting to pick someone up who was held up for a reason unbeknownst to you or the 'parking' company. This is my simple explanation - others will do it more justice

Given this isn't a public road, I'm not sure of the rules with respect to double yellows - moreover I would imagine that as you weren't parked (didn't alight the vehicle) - the signs would need to be quite explicit about stopping rather than parking.

What you will find is that many companies used third parties to chase these up, generally flawed letters etc, and then even if it gets to a claim stage, I think you have a pretty decent argument - See @Coupon-mad @Gr1pr
 advice above - it might be interesting to do an appeal via IAS, for the reasons above - however they are sadly self-serving so very likely won't be successful. Don't be scared of this getting to the court stage, easy to win.

CalAskingForAFriend

@Thorndorise

Thanks so much! Really appreciate your advice

I’ll ignore for now and maybe attempt an appeal via IAS on the basis that I was in the vehicle and I was not parked 

I imagine the advice here is always to not pay these kind of notices / fines? What arguments do people tend to use in events where there isn’t a clear argument? Let’s say I had gotten out of the car, is there any other argument I could use?

CalAskingForAFriend

Just trying to find out what else I could say in case the PPC argues that waiting for 20 minutes in the car is the same as being parked

thanks 

Thorndorise

I'm not best placed to answer this specific question, I know others on the board have better verbiage around what should and shouldn't be said for 'stopping' or unloading.

Do scour the forum for double yellow lines and stopping not parking - there is some good stuff in here. Also do remember that this is NOT a fine, it a speculative invoice from a private company.

Gr1pr

At no time do you mention being parked, the driver was stopped, waiting for a passenger, loading, legitimate business, so the Jopson versus Homeguard appeal case may apply, stopping is not parking 

For parking to occur there must be an offer, consideration, and acceptance, so intention to park, consideration of the terms and conditions of the offer, acceptance that parking was initiated for a period of time where the driver parked, left the vehicle and went elsewhere, like when you shop at a supermarket, or go to watch a show at an arena, or park at Alton towers for a day at the theme park ( not picking up a passenger like a taxi service would. )

The PPC can argue what they like, they can argue that the earth is flat and the moon is made out of cream cheese, they have to prove their case, whatever it may be, you don't  !

Coupon-mad

CalAskingForAFriend said:

Just trying to find out what else I could say in case the PPC argues that waiting for 20 minutes in the car is the same as being parked

thanks 

Unclear non-prominent signs and lines.  If you'd seen terms an/or double red lines or similar 'in your face' warning like that, and knew this stop would cost you £100 you'd have moved on around a corner back onto public highway.

Secondly...the Government's incoming statutory Code confirms the legal position: stopping to pick up a passenger is NOT a period of parking.  The Code will be revived soonish and by the time you'd get a court claim the chances are you'd be able to point to the statutory definitions which give much-needed clarity.