Waiting PCN private area help needed on popla appeal

• The land the appellant's vehicle has entered is private land Park Watch has been given authorisation from the landlord to manage this land in line with the terms and conditions that are displayed in this area (Ev IA, 1B & 2).

• The Keeper was issued with a parking charge notice Notice to Owner letter dated #### July 2018 informing them of the alleged contravention (Ev 3A).
• A transfer of liability was provided on the #### July 2018 (Ev3B).
• A Notice to Hirer was issued on the #### July 2018 (Ev3C)
• An email of appeal was received from the appellant on #### July 2018, Park Watch rejected the appeal and responded by letter dated #### July 2018 informing the appellant of the outcome of their appeal.

• In photographic evidence (4A - 4C) you can see from the images that the appellants vehicle has entered onto the private land and remains there for a period of 3 minutes. Signage is visible within the photographic evidence. All have clear time and date stamps.

• There is signage clearly displayed stating the terms and conditions on the wall adjacent to the vehicle on both sides.Evidence 5A is evidence of the Entrance sign displayed upon the wall as a motorist would enter the service area via the only entrance/exit. Evidence 5B is an overview of the Entrance with the signs displayed.

• Evidence 6A — 6D is evidence of the warning signs up and down the service road on both sides of the road.There is not an offer to Park or Wait, the signage clearly states that 'No Parking at Any Time', 'No Waiting at Any Time' & 'Do Not Park on Double Yellow Lines'.

• The appellant has not provided any evidence to Park Watch or POPLA to support their claim to have permission to be there.

• Evidence 7 is a site plan showing where the signs are displayed.
• The land is not a car park and does not require a 10 minute grace period, no parking or waiting is permitted. Taking into consideration the size of the said area and numerous signs displayed. A 2 minute grace period is operated and has been exceeded. Within the appellants own evidence they quote 13.2 of the BPA code of practice 'if the parking location is one where parking is normally permitted' — the location is clearly a service area with double yellow lines throughout and therefore parking is not permitted.

• The signage displayed, both entrance and warning signage, in terms of size, amount and wording are within the guidelines stipulated within the BPA's code of practice and is conspicuous and legible. You can see from Ev5A entrance signs are displayed upon the entrance, it is not expected for a motorist to read the signage whist driving. The purpose of the entrance signage is to alert motorist that terms and conditions apply and to acknowledge the signage within the car park. Entrance signs are also visible within the appellants own evidence. Within Ev4A the appellant has stopped adjacent to out signage.

• We have operated on this site since 27/2/13 as per the licence agreement and terms existed prior to the issuing of the PCN for the ### July 2018, please see Ev8 as evidence of the new signage in place on the ### June 2018.

• The appellants point regarding ANPR has no relevance to this PCN. ANPR is not operated at this site.

• When entering onto private land it is the motorist's responsibility to ensure that they comply with the terms and conditions that are displayed. Park Watch has taken reasonable steps to inform the appellant of the terms and conditions that apply to this land.

• Park watch believes that the parking charge notice has been issued correctly.
• Supporting evidence & documentation attached.

• The service may only be used in conjunction with licence agreement on privately owned land as declared below (refer to the address of parking control area below) for which you have authorisation over.

• Only items of equipment and signs Issued by the company may be used In Conjunction with this service.

• Contractual warning signs shall be erected in clear prominent positions and kept at all times clearly visible and free {rom obstruction by the client

• A parking charge may only be Issued to a vehicle that park in contravention OF the restrictions on the land after the erection of the contractual warn(ng signs,

• Park Watch (the company) Shall not process any parking charge issued by the dent until the company is In receipt of the Signed customer License agreement

• The customer shall notify the company In writing of any change of ownership to the land

• The company shall undertake all costs Incurred In relation to the enforcement of the parking charge.

• The company shall not disclose any data obtained from the DVLA to the customer, nor shell the company disclose any data regarding the customer to the motorist unless required to do so by Law.

• The license agreement Is valid for a period of 12 months from the date below., the term will automatically renew, unless the client or company serves 3 months' notice terminating this agreement, such !!!!!! to expire on the last day of the current term
• During this period the client will not appoint or allow any third party to undertake parking management duties or enforcement of the said Site.

• The Company requires the customer to ensure that all self-ticketing staff adheres to the British Parking association code of practice.

KeithP wrote: »

You need to go through their evidence with a fine tooth comb.
Find every mistake they have made.
Point out all the points in your appeal that they have not challenged, and have thus accepted.

We have even seen car park sign images from car parks hundreds of miles away.

Be thorough, but remember you only have 2,000 characters for your response.

KeithP wrote: »

Without reading the whole of your thread again, or indeed reading the operator's comments, time stamped images can easily be created using a mobile phone.

nosferatu1001 wrote: »

Yes, of course it is legal. You cant have gotten this far and believed otherwise, because its tld to newbies over and over. THIS IS NOT A STATUTORY PROCESS - this is purely civil. Meaning balance of probabilities is al lthat is needed and there are NO regulations they have to follow.

They state they are, POPLA accepts it. Same as if they provided them to a Judge - if they are deemed true, theyre true. HOw do you think real court works when you have two witnesses, one saying the opposite of the other?

IT IS NOT A POINT. DROP IT

So you need to point out, to POPLA:
1) appeal point A, C, E have not been challenged by the operator and are therefore accepted. The appeal MSUT be upheld.
2) APpela point B has been answered, howevr the Operator is misleading POPLA. Evidence X is in fact NOT on the site. See my Evidence XYZ.
3) The operator has accepted that no contract was ever offered, meanig no charge can be issued as no contract was breached. POPLA cannot rule that a failure to offer a contract means a contract was offered.

And so on...