One parking solution - waiting for passenger

muslimahi

Hi all,

Helping a friend who received this PCN. Will appeal using blue template but just wanted to check if this is POFA compliant as thinking ahead to moneyclaim. The driver was waiting in car for a passenger (uber). The photos online shows a passenger walking in. Is it worth mentioning anything further in the template appeal? Any advice appreciated. Thank you.

https://ibb.co/mFd3CGbs
https://ibb.co/bg27T8sW
https://ibb.co/jPNpf4Xq
https://ibb.co/3yHW8yTy
https://ibb.co/27sjyNJP

Le_Kirk

You can check the NTKs against the list that @Coupon-mad has provided in the NEWBIE sticky

muslimahi

It seems to be Pofa compliant on the wording but I think not on the land authority bit? The location just says Plough Lane Development, London.

"The land is 'under statutory control' so keeper liability is impossible because such land is excluded from Sch4." I'm hoping this applies here too? 

James_Poisson

"The land is 'under statutory control"

What makes you say that they apparently think different, but there seems to be a total lack of entrance signs suggesting a trap, how would they know from ANPR you weren't displaying a permit:

Car1980

How can you read the contract they are offering if you are forbidden from reading it?

You can see the first sign but are not permitted to read it!

And you'd certainly need a couple of minutes to plough through the essay they are presenting to decide whether to accept or decline.

Illegal surveillance too. See:

https://forums.moneysavingexpert.com/discussion/6601122/one-parking-solution-ltd-fine-170-for-4-minute-stay

No appeals option with these clowns or the IAS, so simply ignore.

Coupon-mad

I don't think that area is under statutory control. It's been on the forum in other threads.

muslimahi

Thank you all.

Found this post from 2020. Do we know what the outcome of that hearing was?

https://forums.moneysavingexpert.com/discussion/6146428/one-parking-solution-notice-to-keeper-pcn/p1

Seems like signage has changed and they've moved from BPA to IAS. Signage has gone worse as from their pics it looks atrocious now. From the 15 pictures they posted it seems like driver entered and turned car round and then stopped next to the sign and waited for 5 minutes. 5 minutes is surely allowed to read that essay.

pic of all the thumbnails: https://ibb.co/FqL8Yd7m

In layman terms (as all legal stuff go a bit over my head) - Do we stand a good chance at the hearing stage which we will assume will follow after all the ignoring?

James_Poisson

But the point is that when you enter that road there should be (and this is specifically alluded to in the COP) entrance signs warning it is private land and there are terms and conditions applicable, if there are no warnings anyone entering would just expect that to be a normal highway.

It's very telling that there are no photos of the entrance or readable signage.

https://ibb.co/FqL8Yd7m