Help required with POPLA appeal

[DG2014]

Hi guys,

Hoping you can help and advise on this. I received a parking ticket for parking outside of marked bays at County Oak cark park in Crawley. I found a post on this site for PXAVIER (titled - UKPC - POPLA Appeal - HELP!!! - won) who had the same issue in practically the same part of the car park and it looks as though he was successful when appealed this with POPLA.

I've read the post and have checked the .rtf file from mystery1 but need help understanding what I need to do to appeal the same issue. Does the .rtf contain everything that's required for POPLA or would I need to add further context.

The car park also has areas which are being used as bays for restaurants that don't have markings but areas like those that my car was parked in (and PXAVIER's too) which also have no makings but you get a ticket for.

Hope this is ok to post as I feel out of my depth with this appeal but equally annoyed to get a fine that UKPC would not accept an appeal for when this is a free car park and I was not impacting any other driver.

Many thanks

[charitynjw]

Hi & welcome.
Could you post up a link to that thread, please? (I can't locate it.)

[DG2014]

Hi,

Here's the link -

https://legalbeagles.info/forums/for...on?view=stream

Thank you

[charitynjw]

If the issue is (largely the same as PXAVIER's, then it is ideal as a template for your appeal.
Perhaps a little 'tweak' here & there.

Do you have copies of any PCNs, windscreen &/or postal.

If so, could you redact personal info & post them up on here, front & rear. (But leave times/dates visible, inc the date of sending/issue.)

Pics of site signage would be good.

Landowner issue. (Just highlighting this for reference....we can deal with that in due course)

Have you taken a look at any pics that might be on the PPCs website?

[DG2014]

Hi,

Yes the situation is pretty similar. So we arrived at the car park to find cars double parked waiting for spaces. We were driving round the car park and found this area which didn't have any road markings or signs. Other areas do have double yellow lines. We parked there are when we returned we found the parking charge on the car.

I've attached a copy of the notice back and front. I've also included photos that I sent when I was appealing the ticket with UKPC. I stated that there were any road marking where as there are in other areas of the car park to show you shouldn't park. Also the reason on the charge states I was not parked correctly within the marking of a bay but one of the other photos I sent was of used parking by one of the restaurants that aren't even marked as bays. Image 1 has a red X which was where the car was parked. I've also included one of the signs at the car park. There was one around the corner from where I was parked but didn't see this on the way in at the time.

One thing to mention though is that before looking into how to deal with this I did send the appeal to UKPC and now I can't recall if I stated that I drove into the car park or not. Would this be a major issue?

Any help or advice would be greatly appreciated.

Many thanks

[charitynjw]

Ok, thanks for that.

I take it you haven't received a postal PCN yet?

[DG2014]

Hi,

No, nothing through the post at all. The date I received the e-mailed appeal response was the 19th Feb.

[DG2014]

Ok, thanks for your time. I think I might just have to pay the money as I concerned as the e-mail response from UKPC advised I will, after 28 days, have to pay the £100 plus £60 legal costs. The original 60 doesn’t therefore seem so bad.

Many thanks

[charitynjw]

Well,as regards the postal notice to keeper (NtK), they have until Sat 16th March to get it to you. (56 days after the windscreen PCN is issued) if they want to transfer liability to the registered keeper. The legislation governing transfer of liability is the Protection of Freedoms Act 2012 Schedule 4.(PoFA)

But they can use common law of contract instead.
They don't have to obey the strict rules of PoFA then, but they can only take action against the driver, not the registered keeper (RK), as the driver was the one who could enter into the contract because only the driver was in the car park/road at the time.

So they can either use PoFA or use contract law.

Either way, though, the contract is based on the T&Cs contained in the site signage.

& imho, that sign is a 'forbidding' sign.
It states 'no unauthorised parking'
Any qualification to that (ie 'but if you are not authorised, & park anyway, you owe us £100 or whatever)' must be in large prominent writing, not buried in the small print.

The seminal case is ParkingEye v Beavis (2015
See para 123 .... https://www.bailii.org/uk/cases/UKSC/2015/67.html

The attached is also a good case to refer to. Although it is only a county court case, & so not a precedent, it can be persuasive.
So, dodgy sign.

[charitynjw]

Ok, thanks for your time. I think I might just have to pay the money as I concerned as the e-mail response from UKPC advised I will, after 28 days, have to pay the £100 plus £60 legal costs. The original 60 doesn’t therefore seem so bad.

Many thanks

Not so.

Refer to the rear of the windscreen ticket.
If you appeal within 14 days, the discounted rate 'ticks over'.

[DG2014]

Thank you so much for your reply. I've been through the template from the PXAVIER post and have updated this hopefully to fit my situation. Also thank you for the Parking PCM v Bull detail but I'm sorry I'm not sure what would be best to refer to from this in order to further the point. Any advise on the attached document would be great. Is this enough to send appeal this charge with POPLA?

Many thanks

[charitynjw]

I'm not sure what you mean by

1. Keeper liability

**(a)has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8

Imho the appeal needs bit of sorting.....'it's a 'work in progress'

If you could answer ** above. I'll have a cogitate!