C.U.P Parking Enforcement charge. Is it worth appealing?

Coupon-mad

Doesn't matter either way.  POPLA is unimportant and you won't be paying,

sundip

Hi interestingly I also received a letter from CUP for an alleged contravention in the same place. My notice date was 31/01/2025 with a contravention date of 15/08/2024, almost 6 months later. Would be interested to see what the outcome is as I've appealed on two counts 1. car was not parked, their own pics show brake lights on and 2. length of time. Will provide an update on this forum.

ChirpyChicken

Shame you did that as would have been an issue win coming here first 

Coupon-mad

sundip said:

Hi interestingly I also received a letter from CUP for an alleged contravention in the same place. My notice date was 31/01/2025 with a contravention date of 15/08/2024, almost 6 months later. Would be interested to see what the outcome is as I've appealed on two counts 1. car was not parked, their own pics show brake lights on and 2. length of time. Will provide an update on this forum.

That was a mistake. The most frustrating thing is when posters come here having already appealed with the wrong thing/info.

Start your own new thread when they reject.

magjp90

Good evening, I just thought I'd post an update on this.

POPLA today rejected my appeal (after I submitted it in January - I thought they'd forgotten about it!)

They claim the signage is adequate and that the fine should still stand, despite the driver only entering for a passenger to disembark and then continuing. I can post a full screenshot of their reasoning if anyone would like.

Thanks.

kryten3000

Ignore the POPLA decision.  This sign is NOT sufficient and the DYL are council. That is what the DJ in a recent case agreed, case dismissed.

Wait for CUPS to try court.

magjp90

kryten3000 said:

Ignore the POPLA decision.  This sign is NOT sufficient and the DYL are council. That is what the DJ in a recent case agreed, case dismissed.

Wait for CUPS to try court.

Thanks! I saw your post about a case in the same area and almost identical scenario as this one (two left wheels over the bay temporarily, whilst a passenger disembarked). 

Coupon-mad

magjp90 said:

The driver wasn't parked, as you can see the lights are on and hazard lights are on. It's a layby towards a delivery yard. Basically the car park to the right is a Sainsburys car park, which was full.

The passenger had to collect a parcel from the Argos inside said Sainsburys. So the car pulled over, passenger got out and the car drove off and parked up afterwards. 

The car will have only been dormant for a couple of seconds, (30 seconds max) which would be visible in the video footage recorded.

DE_612183 said:

you didn't park in a car park - I don't see how they have even come up with tis.

do you know if there are any signs around?

I presume this is where you parked?

You are allowed to set down and pick up passengers on DYL. That's the normal meaning of double yellows on the public highway (they are there to allow exempt activity)..

If only POPLA were not briefed, funded and leaned on by the BPA they might be free to make proper decisions.  Ignore them.

This would nowhere if ever they tried a court claim AND the angle of the images shows us that the CCTV is placed waaaay up high on a building and there are little/no signs telling drivers about the surveillance.  It is covert (which is illegal) and also it's disproportionate and intrusive to use cameras at this location where they film every vehicle and pedestrian.

This place either needs some kerbside bollards and large warning signs if they don't want people pulling over, or signs plus on foot, overt ticketing to properly deter.

There's no deterrent here. It's a deliberate trap. It's also marked with kerb edges as a layby anyway!

No driver knows they're being filmed and why would you not use a layby with DYL as they are intended, to set down and pick up a passenger? Of course you can.

kryten3000

There is no clear demarcation between the "managed" area and the public highway. 

Normally double yellow lines enforce restrictions between the centre line of the highway and the property boundary, which is usually the wall of the building. 

If there was a contravention, it is a council matter (parked on double yellow lines) and enforcement should be by a traffic warden or civil enforcement officer.

Do let me know if you get a claim.  

magjp90

Thanks for the responses @Coupon-mad @kryten3000!

I shall await C.U.P's response and keep you posted. POPLA basically said in my appeal that they feel it's signposted well enough and that the fine should stand, which I strongly argue against. 

I might email Watford Borough Council on the matter and see what they say about it.