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  • Gr1pr
    Gr1pr Posts: 9,269 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 5 December 2024 at 11:29PM
    Who says that its a fine. ?  Show us the wording that mentions the word fine. ( You cant because its not true. )

    The driver can appeal based on other factors, but not POFA, so

    No landowner authority 
    Poor and inadequate signage 
    Any BPA CoP issues 

    Etc 


    NB, the 14 days is only regarding keeper liability 

    The parking company have 6 months to obtain keeper details from the DVLA database and one month to get the PCN to that keeper 

  • idney62
    idney62 Posts: 22 Forumite
    10 Posts
    Gr1pr said:
    Who says that its a fine. ?  Show us the wording that mentions the word fine. ( You cant because its not true. )

    The driver can appeal based on other factors, but not POFA, so

    No landowner authority 
    Poor and inadequate signage 
    Any BPA CoP issues 

    Etc 


    NB, the 14 days is only regarding keeper liability 

    The parking company have 6 months to obtain keeper details from the DVLA database and one month to get the PCN to that keeper 

    I did not mean as in " parking fine"... I meant that Britannia has responded to say that signage is ok/ fine / acceptable!
  • Coupon-mad
    Coupon-mad Posts: 153,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    idney62 said:
    Grizebeck said:
    Which parking firm 
    If you admitting to being the driverr you stuffed yourself 
    Does this mean that any appeal to Popla - even if ticket not issued in time limit- will fail?
    Doesn't matter if you lose.

    But you had 100% slam dunk win...
    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
  • idney62
    idney62 Posts: 22 Forumite
    10 Posts
    idney62 said:
    Grizebeck said:
    Which parking firm 
    If you admitting to being the driverr you stuffed yourself 
    Does this mean that any appeal to Popla - even if ticket not issued in time limit- will fail?
    Doesn't matter if you lose.

    But you had 100% slam dunk win...
    Well I guess that's how they get you- I'm still not sure I can get my head around the keeper/ driver stuff ( and have read the newbie thread). 
    The Popla appeals are very long and the issue of signage us subjective. It is tempting limit losses and pay the 60.
    This is the parking sign 
  • idney62
    idney62 Posts: 22 Forumite
    10 Posts
    Photo of sign
  • Coupon-mad
    Coupon-mad Posts: 153,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 December 2024 at 2:11AM
    "No Parking"

    That gives you a potential POPLA win.  Not as flipping easy (100% guaranteed win) as the keeper had due to the late NTK but it is a case where you can win at POPLA.

    Go to POPLA DECISIONS. Go to its 'latest' posts. Go back a few posts.

    Find the winning one (it's recent) where POPLA agreed that NO PARKING offers nothing of value to the driver. No contract. Should have been trespass, if anything.
    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
  • Gr1pr
    Gr1pr Posts: 9,269 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 6 December 2024 at 11:31AM
    idney62 said:
    Gr1pr said:
    Who says that its a fine. ?  Show us the wording that mentions the word fine. ( You cant because its not true. )

    The driver can appeal based on other factors, but not POFA, so

    No landowner authority 
    Poor and inadequate signage 
    Any BPA CoP issues 

    Etc 


    NB, the 14 days is only regarding keeper liability 

    The parking company have 6 months to obtain keeper details from the DVLA database and one month to get the PCN to that keeper 

    I did not mean as in " parking fine"... I meant that Britannia has responded to say that signage is ok/ fine / acceptable!
    Well they would say that wouldn't they. ?  Not exactly impartial 

    That sign is forbidding, so as mentioned above study the recent case at popla where the Popla appeal won, it mentions trespass, very recent win 

    You cannot enter into a contract to do something which is forbidden 
  • DE_612183
    DE_612183 Posts: 3,950 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Private Parking Companies rely on the "breach of contract" aspect of parking - a contract could be you pay £5 for 2 hours.

    Saying "No Parking" is not a contract - therefore you cannot breach the contract, therefore they can only prosecute for trespass - but the signs don't say that.
  • idney62
    idney62 Posts: 22 Forumite
    10 Posts
    I saw the recent successful decision in the popla thread.

    So if I was to appeal- can I reference that recent case.

    Is  there a template for an appeal on this basis or will it be sufficient to be succinct and paraphrase the summation that very helpful members have posted above.

    Is it also worth putting in the other elements about signage ( or does this not align with the other points relating to the wording of the sign).

    So much info in these threads- I could spend days ( that I don't have!) researching!  It is a bit overwhelming- and the added possibility that I will still end up having to foot 100 quid bill!


  • Coupon-mad
    Coupon-mad Posts: 153,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 December 2024 at 7:33PM
    No template - but use the POPLA Assessor's wording back at them.

    and the added possibility that I will still end up having to foot 100 quid bill!
    ...eh?  Say what now? What makes you think that?  Nobody pays.

    It doesn't matter if you lose at POPLA.
    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
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