LDK Parking Charge - Conflicting Times on letter - Appeal Successful

Coupon-mad

You've covered up the date on the right.

bennjiboy

Coupon-mad said:

You've covered up the date on the right.

Dated 1st September 2025 - sorry dont know why i did that!

Coupon-mad

ChirpyChicken said:

Either ignore it and ignore the ZZPS/ GTT / QDR Letters 
OR
Do a simple appeal simply saying "no parking rules were broken" and to cancel the pcn or issue a popla code
then when they turn down the appeal, do a simple appeal to popla with the simple phrase "no contract at this site to issue pcns"

You were already advised of the 2 options above.

You could also add to a POPLA appeal that in the pitch dark at night, it took a few minutes for the driver to even see a sign. The sparse signs were placed high and only one was seen, on non-prominent place on a dark unlit wall. Once found after getting out of the car, the driver shone their phone to read the sign and immediately then left, all in seven minutes flat. Perfectly reasonable in hours of darkness to leave and reject any contract in seven minutes given the t&cs were inadequately positioned and unlit. There was no agreed parking contract.

bennjiboy

LDK have responded, including their LOA and some photos of signage from a laptop! Should i just go back with the same appeal knowing it will be rejected? Cant seem to add PDF's here

Coupon-mad

Have you appealed to POPLA?

Do you have a POPLA code now?

bennjiboy

yes sorry i wasnt clear, they have responsed to my POPLA appeal, and they sent various documents back to POPLA for me the then respond again. I cant upload pdf's but could jpeg them all but there is alot of info. THere is the LOA, some daylight photos (this parking was middle of the night dark) some photos of signs they have taken from photos on a laptop not the actual site and copies of the emails sent

Coupon-mad

We don't need to see it. Standard evidence.

Just go through it and do comments, as the 3rd post of the NEWBIES thread explains.

bennjiboy

Appeal successful - thanks for all your help.

DecisionSuccessfulAssessor Name Assessor summary of operator case

The operator issued the Parking Charge Notice (PCN) for failing to make or validate a payment.

Assessor summary of your case

The appellant has raised the following points from their grounds of appeal which have been summarised for the purpose of my report: • They say it was pitch black when they arrived and it took a few minutes for the driver to read the signs which were sparse, placed high and only one was noticed on a non-prominent unlit wall. • The drive her to shine their phone onto the sign to read it and left. They say all in all 7 minutes was taken to read the signs and as the driver did not agree to a contract they left. After reviewing the operator’s evidence, the appellant expands upon their grounds of appeal. The appellant states a 10 minute grace period should be granted, the images do not show the times of darkness and its photo of the sign taken on a laptop could be anywhere in the world. The appellant has raised new grounds of appeal in relation to the landowner document being heavily redacted.

Assessor supporting rational for decision

The burden of proof lies with the operator to prove that the PCN has been issued correctly. In this case the PCN was issued as the vehicle was on this land 6 minutes in total without a valid payment for their stay. The appellant tells POPLA this period was used to try to read the signs in an unlit car park in pitch black before the driver decided to exit, rejecting the contract. The Private Parking Sector Single Code of Practice (The Code) sets the standards its parking operators need to comply with. Section 5.1 of the Single Code of Practice states that parking operators must allow a consideration period of appropriate duration, subject to the requirements set out in Annex B to allow a driver time to decide whether or not to park. A a period of 5 minutes is granted. In this case the vehicle entered and exited within a period of 7 minutes which were taken trying to locate the signs and read them. Having taken their grounds into consideration, I am satisfied that a period of 7 minutes, to enter, locate the signs in a car park in the dark which they claim to be unlit is reasonable. They chose to exit the site before entering into a contract and being issued with a PCN for not paying. As such a consideration period under section 5.1 should be extended for the additional minutes in this instance. POPLA’s role is to assess if the operator has issued the PCN in accordance with the conditions of the contract. As the operator has not applied a consideration period, I am not satisfied that the operator has issued the PCN correctly, and accordingly the appeal is allowed. The appellant has raised other grounds in their appeal, but as I am allowing the appeal, it is not necessary for me to address these.

Coupon-mad

Nicely done.

Looks like you didn't also challenge landowner authority as advised though, because the assessor says you only added that as new grounds in the Comments?

No worries! You won - congrats!

bennjiboy

thanks, for landowner authority, i did add that in my appeal after LDK submitted their response. There was also other things but they didnt cover them in the response back unfortunatley.

Now got another 2 for my in-laws blue badge holder in a hospital but working on those with all the previous advice from other posts :-)