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#Post#: 30843--------------------------------------------------
Double yellow line parking
DIR By: Charlie9327
Date: July 23, 2024, 12:53 pm
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Hi, I'm new to the forum and I'm looking for advice/help please.
I may or may not ;) have stopped on double yellow lines while
dropping a friend off at the train station. I got the PCN
through the post and sent an email asking for evidence the same
day (9/07/24) and today I got a PDF from the company with these
pictures. I wanted to appeal on the grounds there were so signs
(atleast I didn't see any) and the fact the pictures they sent
could have been taken by anyone and edited. Should they not be
taken by a camera that date/time stamps rather than edited on?
The PCN stated that a warden operated camera system was used.
The pictures are 31 seconds apart.
Can I appeal this? What do I say? The company in question seems
fishy, if I look on BPA there are multiple different names they
trade under, some debt collectors, some not. Some can issue
tickets and others can't that includes the 'creditors' who are
also on BPA. In my email I asked for proof of signage, but they
didn't send any are the double yellow lines enough?
Pictures are linked as I was struggling to add attachments
[img]
HTML https://imgur.com/a/McsNaxe[/img]
HTML https://imgur.com/a/McsNaxe
Charlie
#Post#: 30849--------------------------------------------------
Re: Double yellow line parking
DIR By: b789
Date: July 23, 2024, 1:14 pm
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Meh! You appeal as the keeper. No blabbing the drivers identity.
They do not know who the driver is. They only know that you are
the registered keeper. They have not issued an NtK that complies
with PoFA and so cannot transfer the liability for the charge
from the unknown driver to the known keeper.
Use this wording for the appeal (also known as the "go sit on
sharp stick and rotate" protocol) and make sure you don't tick
any boxes that says you, the known keeper were the unknown
driver.
[indent]I appeal as keeper. I am not obliged to identify the
driver and I decline to do so. You are unable to transfer the
driver’s liability (if any) to me because you have not relied on
the provisions of Schedule 4 to the Protection of Freedoms Act
2012 (PoFA) to be able to hold the keeper liable for the charge.
Furthermore, it is now too late for you to deliver a
PoFA-compliant notice to keeper.
The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some twisted interpretation
of the law of agency. Your NtK can only hold the driver liable.
PCS have no hope at POPLA, so you are urged to save us both a
complete waste of time and cancel the PCN. [/indent]
Easy peasy.
#Post#: 30850--------------------------------------------------
Re: Double yellow line parking
DIR By: DWMB2
Date: July 23, 2024, 1:18 pm
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The above approach should do the trick, but as an aside, "No
parking at any time" suggests that the signage in question is
forbidding, and unable to create a contract anyway, although
we'd need to see any signage at the site to confirm.
#Post#: 30861--------------------------------------------------
Re: Double yellow line parking
DIR By: Charlie9327
Date: July 23, 2024, 2:17 pm
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Thank you both for a quick response, I'll send this via their
appeal page. If they decide to go further hopefully they'll show
me the road signs.
#Post#: 30891--------------------------------------------------
Re: Double yellow line parking
DIR By: slapdash
Date: July 23, 2024, 7:04 pm
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It's Private land, so you are not looking for road signs. Merely
the terms and conditions.
It's a bit odd that the road naming sign looks to me like an
authority one. It's far from obvious it's Private land. Though
the paving is a modest clue.
Province Dr
HTML https://maps.app.goo.gl/oSNfype9AvRjwYmg8?g_st=ac
The sign, which they will claim was blindingly obvious and
sufficient is above. Though GSV is a bit old so may not be
current.
A driver parking as this one did may not even have gone that
far.
-----
From the Aug 22 view it looks as though the driver was parked
just before a barrier which is lowered in a GSV photograph and
opposite a small no parking sign on a building wall (which is
not offering any contract and is no more than a request anyway).
The woeful signage etc may become relevant later.
From: 46 Surrey Quays Rd
HTML https://maps.app.goo.gl/AxqWBoJG8bHR7eSy9?g_st=ac
#Post#: 30895--------------------------------------------------
Re: Double yellow line parking
DIR By: b789
Date: July 23, 2024, 11:48 pm
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Have a read of the NtK and look for all the BPA Code of Practice
(CoP) and CRA 2015 breaches.
The NtK is for £60. £60 is noted in bold and is the amount
outstanding. However, in tiny print it says that £100 is due if
£60 isn’t paid.
This is typical of ex-clamper thugs on the scam. When they
reject the appeal (they will), POPLA should see them off and if
they don’t, there is no court that would agree that any contract
can have been formed.
If I lived locally, I’d drive there myself and get my own PCN
and let them try to take me to court and waste their money on
the process. I wouldn’t bother with any appeals. I’d ignore
everything except an N1SDT claim form and then I’d have them
over a barrel.
#Post#: 30972--------------------------------------------------
Re: Double yellow line parking
DIR By: The Rookie
Date: July 24, 2024, 8:11 am
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--- Quote from: slapdash link ---
>
> It's Private land, so you are not looking for road signs.
Merely the terms and conditions.
>
> It's a bit odd that the road naming sign looks to me like an
authority one. It's far from obvious it's Private land. Though
the paving is a modest clue.
>
> Province Dr
>
HTML https://maps.app.goo.gl/oSNfype9AvRjwYmg8?g_st=ac
>
--- End Quote ---
It's definitely an LA sign, the change in paving colour and
barrier parts (but no barrier on GSV) suggest it's private from
that point on.
This view seems to show the only parking sign, no entrance sign
as required by the CoP at that time.
HTML https://www.google.com/maps/@51.4988645,-0.0489851,3a,75y,277.83h,68.5t/data=!3m7!1e1!3m5!1sGPcgCDgHKD5WoaBx_-eBqQ!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fpanoid%3DGPcgCDgHKD5WoaBx_-eBqQ%26cb_client%3Dmaps_sv.share%26w%3D900%26h%3D600%26yaw%3D277.8306317661052%26pitch%3D21.50423685921689%26thumbfov%3D90!7i16384!8i8192?coh=205410&entry=ttu
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