Advice please regarding parking charge notice issued by Care parking at Stretford tram station

Coupon-mad · 8 July 2018 at 5:51PM

I've edited the offending words out, I hope?! Is it OK now?

Lounesbo · 8 July 2018 at 5:53PM

Indeed and thanks

Lounesbo · 9 July 2018 at 9:24AM

Good morning all. This is hopefully the last request prior to submitting prior to Wednesday. It is a work day too so I accept replies might be scarce...
The letter has been edited and amended but wanted to check one or two further points:
1. Should there be an additional paragraph querying the obstruction case? The obstruction case posited by Careparking does not appear applicable at all or it is better to skip this altogether for now? Could this be brought up at a later date if needed?
2. Should any photographs of the car be submitted or just the signage?
3. Should the photographs from Careparking be submitted (they are all of the car and not signage?
4. Coupon mad asks that links are removed re Signazon and eBay which has been done but is it ok to refer to the cases specifically mentioned in the text of the letter I.e. Vine v Waltham Forest and Lord Dennings ruling?

Once again your kind and helpful advice and guidance is very gratefully received and appreciated.

Fruitcake · 9 July 2018 at 10:13AM

Is the car park covered by byelaws? An additional point should be made if this is the case.

1. Don't mention obstruction unless byelaws apply, since there is no byelaw offence of obstruction.

2. Just signage.

3. No.

4. Include the references to Vine v Waltham Forest, and Lord Denning's Red Hand Rule.

twhitehousescat · 9 July 2018 at 10:19AM

Fruitcake wrote: »

Is the car park covered by byelaws? An additional point should be made if this is the case.

1. Don't mention obstruction unless byelaws apply, since there is no byelaw offence of obstruction.

2. Just signage.

3. No.

4. Include the references to Vine v Waltham Forest, and Lord Denning's Red Hand Rule.

earlier care replied stating

", the Protection of Freedoms Act 2012, covers the requirements of the liability of the charge with regard to the registered keeper. Although you state that you believe the written notice does not comply with the POFA 2012 you have not stated any grounds for this. Therefore, we can only assume that this with the rest of your appeal is cut and pasted from the internet parking forums, which we can evidence at court if required.
- The signage is larger than the minimum size requirements of the British Parking Associations Approved Operators Scheme Code of Practice."

clearly they think that this is not bylaws or are telling porky pies , if the land comes under bylaws (OP - check) then a formal complaint should be made to the BPA ,

Lounesbo · 9 July 2018 at 10:49AM

Thanks fruitcake and twhitehouse- helpful and kind sharing your time and expertise with others less knowledgeable and skilled in this area.

1. So in essence Care-parking have stated in their rejection letter that the car park is not covered by bylaws. Would it be better then to leave this point and the obstruction point aside in the appeal as there are a number of other clear grounds for appeal.
2. Care parking have said that there are 28 days to appeal to POPLA from their rejection letter and this was the 12th June. Are they wrong and are there in fact 30 days I.e. up to midnight on Wednesday 11th July to appeal?
3. Complaints to BPA perhaps at a later date?
4. There are signs at several points around the parking site but they are all small, competing with other ones, high up, crowded so should I just include photographs of all these?

twhitehousescat · 9 July 2018 at 10:51AM

Lounesbo wrote: »

Thanks fruitcake and twhitehouse- helpful and kind sharing your time and expertise with others less knowledgeable and skilled in this area.

1. So in essence Care-parking have stated in their rejection letter that the car park is not covered by bylaws. Would it be better then to leave this point and the obstruction point aside in the appeal as there are a number of other clear grounds for appeal.
2. Care parking have said that there are 28 days to appeal to POPLA from their rejection letter and this was the 12th June. Are they wrong and are there in fact 30 days I.e. up to midnight on Wednesday 11th July to appeal?
3. There are signs at several points around the parking site but they are all small, competing with other ones, high up, crowded so should I just include photographs of all these?

and you believe them , do NOT trust scammers CHECK YOURSELF

Umkomaas · 9 July 2018 at 10:55AM

1. I wouldn't believe anything a PPC tells you. Do your own checks as if bylaws apply and the identity of the driver has not been revealed then you have a killer appeal point (and the opportunity to return the grief you've received back to the PPC).

2. Even POPLA states 28 days but we've found consistently that 30 days are available. But unless there is good reason to drag things out, then work on 28 days and you can't go wrong.

3. Yes

twhitehousescat · 9 July 2018 at 10:55AM

is this the location Stretford Metrolink Station, Edge Lane, Stretford, M32 8HW.

if so a FOI request shows "Please note we can confirm TfGM hold information in this regard and that we are
in fact the legal owners of the land at the address as set out above. "

https://www.whatdotheyknow.com/request/355942/response/862917/attach/html/3/160905%20Response%208000046289.pdf.html

Fruitcake · 9 July 2018 at 10:59AM

1 As above. Check (non parking Co) signs at the site, search engines, council, tram operating company.

2. Officially it's 28 days but we know from experience a PoPLA code lasts to at least day 30, and has been known to work at day 32.

3. Use pics that help your case. Show if the signs are high up, no signs at the entrance, obscured by trees, damaged, small print, turned away from direction of traffic flow, taken to show how the signs would not be seen if a vehicle took a particular route through the car park.

Advice please regarding parking charge notice issued by Care parking at Stretford tram station

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