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PCN Appeal Rejected Popla?

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  • PCN Appeal Rejected Popla?

    Hi an appeal to a forbidding sign pcn has been rejected as below. Please could you advise the next steps with popla appeal. Thanks


    I have carefully reviewed the case and considered the points that you raised in conjunction with the facts and evidence available to me. On this occasion, your appeal has been rejected as I am satisfied that this PCN was issued correctly. I have explained the reasoning behind this decision in more detail below.
    My findings

    Oat Street Car Park is private land and is subject to a parking management scheme put in place by the operator at the landowner’s request. There are specific terms and conditions in place as part of this scheme, which are displayed on the signs in place at the site. These signs have been installed in clear and prominent positions.

    At this location, parking is only permitted for valid permit holders with their permit on display.

    On 13/09/2021, the vehicle was parked without a valid permit on display. This was a breach of the terms and conditions and the PCN was correctly and legitimately issued as a result.

    Our letter refers to the period of parking as 'the period immediately preceding the time of issue'.

    The claim in question is based in contract law. When the vehicle was parked on site, a parking contract was entered into with the parking operator. As part of this contract, it was agreed that the charge detailed on the signs would be paid should the vehicle not be parked in accordance with the terms and conditions of parking.

    Please note that this PCN was issued in line with the Protection of Freedoms Act 2012. If the driver’s contact details are not provided within the stipulated timeframe, liability for the charge will rest with the registered keeper of the vehicle.

    Ultimately, it is the responsibility of the motorist to ensure that they seek out, read and comply with the terms and conditions of parking that are in place. By parking on site in breach of these terms and conditions, it has been agreed that the charge detailed on the signs will be paid.
    Tags: None

  • #2
    ostell Can you please take a look and advise, many thanks.

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    • #3
      So what did the signs say?

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      • #4
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        • #5
          Need to be able to read them

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          • #6
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            • #7
              So you wait till it get to court. Prohibiting sign, parking contract offered to those with a permit. No contract offered to non permit holder. No contract therefore no possible breach. This is something that POPLA do not understand.

              Here's some text about the matter.:

              The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

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              • #8
                Thanks for your help.

                So do I not appeal to popla?

                If not do I just wait and do nothing until they decide to take it to court. I can't imagine them trying to take a forbidding sign with no contract to court.

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                • #9
                  I thought you had already appealed to POPLA

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                  • #10
                    No the appeal was made to the parking company PCS that issued the letter on the basis the signs are forbidding and included the cases of pcmuk v bull, ukpc v materson etc but they have now rejected the appeal and have given a popla code. A copy of the rejection is included in the opening post.



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                    • #11
                      Of course the parking company won't accept forbidding sign,, nor will POPLA

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                      • #12
                        OK so it's best not to appeal to popla and then wait to see if parking company want to take matter to court.

                        The parking company also passed the details to a debt collection agency and I received letter from them before a response to the appeal.

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                        • #13
                          That's not what I said. You appeal to POPLA to show that you are being reasonable

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