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#Post#: 41029--------------------------------------------------
Re: Parked in a permit area without displaying a permit
DIR By: b789
Date: October 16, 2024, 8:23 am
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Don't submit the POPLA appeal until you've shown us the
requested photos. They can be added to the appeal to show the
terrible signs and compare them to the signs in the Beavis case.
#Post#: 41057--------------------------------------------------
Re: Parked in a permit area without displaying a permit
DIR By: Natedog
Date: October 16, 2024, 10:57 am
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Here is some links to view the pictures…..
HTML https://ibb.co/MS8KqYm
HTML https://ibb.co/bbqWdBS
HTML https://ibb.co/PckDjTJ
HTML https://ibb.co/Tk6w5DH
HTML https://ibb.co/WBGwmC2
#Post#: 41063--------------------------------------------------
Re: Parked in a permit area without displaying a permit
DIR By: b789
Date: October 16, 2024, 11:17 am
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So, they have evidence that the vehicle was parked for 1 minute.
Those photos were most likely taken by a "bounty hunter" who is
not employed by the operator and most likely a security person
at the estate who is out to earn their "bonus" for their one
minute of operation.
The sign photo shown in their evidence is not referenced to the
location where the van was parked. Also, have a look at the
difference between a UKPC sign and the on in the Beavis case:
HTML https://i.imgur.com/rlvjXni.jpeg
Any chance a clearer image of the sign can be obtained?
#Post#: 41065--------------------------------------------------
Re: Parked in a permit area without displaying a permit
DIR By: Natedog
Date: October 16, 2024, 11:29 am
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Yes, I am going to the location tonight to gather some more
evidence. I will post a clear picture of the signage tomorrow.
#Post#: 41134--------------------------------------------------
Re: Parked in a permit area without displaying a permit
DIR By: Natedog
Date: October 17, 2024, 3:06 am
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So here is an image of the signage. Also, I had to climb over a
fence to get this close to take the picture. I recorded a video
showing the fence for POPLA. Standing behind the said fence,
would make it impossible to read the print on the signage.
HTML https://ibb.co/1GSMg28
#Post#: 41154--------------------------------------------------
Re: Parked in a permit area without displaying a permit
DIR By: b789
Date: October 17, 2024, 5:04 am
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Here is a better image to compare with the Beavis sign to show
how the notice of the charge is not adequately brought to the
attention of the motorist:
HTML https://i.imgur.com/X7Sl1LE.jpeg
#Post#: 41155--------------------------------------------------
Re: Parked in a permit area without displaying a permit
DIR By: Natedog
Date: October 17, 2024, 5:20 am
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Thanks for that, it’s good to know.
#Post#: 42887--------------------------------------------------
Re: Parked in a permit area without displaying a permit
DIR By: Natedog
Date: October 29, 2024, 9:09 am
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So I appealed to POPLA following the template you suggested and
UKPC have uploaded their evidence to the appeal.
They have uploaded a contract with the landowner, also pictures
of the signage along with a letter which I will detail below…..
On the 08/08/2024, our parking operative issued a parking charge
virtually to vehicle registration HG18HZT at Uplands Business
Park. The parking charge was issued because the vehicle was
parked on site without displaying a valid permit.
Following the parking event on 08/08/2024, UKPC had reasonable
cause to obtain the details of the registered keeper from the
DVLA for the purposes of issuing a Parking Charge Notice (PCN)
by post- a copy of this PCN is included in this pack.
The PCN was issued on 12/08/2024
The parking charge rate was £100.00, reduced to £60.00 if
payment was received within fourteen days.
An appeal was received from the vehicle driver Mr NATHAN MARREN
on the 22/08/2024, which the appeals department investigated and
decided to reject.
Whilst UKPC note the comments, we cannot accept them as evidence
when reviewing a parking charge notice. It is the motorist's
responsibility to ensure that when they leave their vehicle,
they have a permit visible for inspection.
The period of parking is the time in which the vehicle was
parked, which was at 01:54. I refer to section 13.4 British
Parking Association Code of Practice "The driver must have the
chance to consider the Terms and Conditions before entering into
the 'parking contract' with you. If, having had that
opportunity, the driver decides not to park but chooses to leave
the car park, you must provide them with a reasonable
consideration period to leave before the driver can be bound by
your parking contract. The amount of time in these instances
will vary dependant on site size and type but it must be a
minimum of 5 minutes". As it is clear a parking event has
occurred, I must refer to Section 13.2 of The BPA Code of
Practice,
"13.2 The
reference to a consideration period in 13.1 shall not apply
where a parking event takes place" It is also important to
reference Section 13.6 of the BPA Code of Practice, "Neither a
consideration period or a grace period are periods of free
parking and there is no requirement for you to offer an
additional allowance on top of a consideration or grace period".
As the appellant failed to comply with the terms, they were not
authorised to park on site and as such no grace period would be
required in this case.
In this instance the motorist is not present in the vehicle so
we would contest that means an event has taken place. It is our
position that by parking without a permit this constitutes them
parking without authorisation, which 13.4 further reinforces,
stipulating that the 5 minute consideration is not required.
Keeper Liability - Following the parking event, UKPC had
reasonable cause to obtain
Page
PARKING CONTROL LTD
the details of the registered keeper so that a parking charge
notice could be issued by post. A copy of this notice is
included in this case summary, dated 12/08/2024 .
Issued 7 days after the date of the parking event (where a
Notice to Driver was not served), the parking charge notice
complies fully with paragraph 9 of Schedule 4 of the Protection
of Freedoms Act 2012 in permitting the registered keeper to be
held liable to pay this unpaid parking charge.
UKPC must maintain a consistent approach when issuing and
upholding a charge. In this instance, this vehicle had been
parked on site in direct breach of the terms and conditions of
parking on site as stated on signage. The vehicle was parked in
close proximity to UKPC signage, please see all photographic
evidence to support this.
UK Parking Control signage complies fully with section 18 of the
British Parking Association Code of Practice and we reject the
suggestion that it is vague or misleading. Entrance signage
advises motorists that terms of parking apply, and that notices
within the car park should be checked to identify the full terms
and conditions. These notices are placed throughout the car
park. It is ultimately the responsibility of the motorist to
ensure they identify the terms of parking, and then decide
whether to park their vehicle, or leave the site if they are
unable to meet those terms.
There is colour contrast between the text and its background
found on our signage, each of which is a single solid colour.
The best way UKPC have found to achieve this is to have black
text on a white background. UKPC's signs are readable and
understandable at all times, including during the hours of
darkness or at dusk when parking enforcement activities take
place.
This can be achieved in a variety of ways such as by direct
lighting or by using the lighting for the parking area. If the
sign itself is not directly or indirectly lit, UKPC signage has
been manufactured using a retro-reflective material similar to
that used on public roads and described in the Traffic Signs
Manual. Dark-coloured areas do not need to be reflective.
The British Parking Association (BPA) does not stipulate that
signs must be lit at night. UKPC can confirm that there is
sufficient ambient lighting from lampposts or other light
sources found within the site. As a result, it is our position
that under these conditions, the signage would have been
sufficiently visible. When designing our signage, UKPC utilize
as much contrast between the various sections to ensure that
they are as legible as possible in all conditions.
The parking charges issued by UK Parking Control Limited are
based on a contractual agreement between UKPC and the driver, as
detailed on the signage displayed in the car park. The signage
states the terms and conditions of parking and explains that a
parking charge will be payable if the terms are not met by the
driver.
We ensure that signage is ample, clear and visible, wholly in
line with the British Parking Association Code of Practice. It
is settled law that a driver is deemed to have accepted the
terms and conditions of parking by the act of parking and
leaving a vehicle.
Ultimately, it is fundamentally the responsibility of the
motorist to identify the terms of parking when leaving their
vehicle on private land. If they feel they are unable to adhere
to the terms, they may leave the site before agreeing to those
terms.
There are sufficient signs advising drivers that parking without
a permit may result in a parking charge being issued. Mr NATHAN
MARREN vehicle was parked without displaying a valid permit;
consequently, the parking charge was issued correctly.
A letter was sent to Mr NATHAN MARREN informing him of our
decision on the 16/10/2024.
#Post#: 42888--------------------------------------------------
Re: Parked in a permit area without displaying a permit
DIR By: b789
Date: October 29, 2024, 9:24 am
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--- Quote from: Natedog link ---
>
> Thanks for that, it’s good to know.
>
--- End Quote ---
I provided a comparison of the Beavis sign with the UKPC one.
Did yours that image in your POPLA appeal? "Good to know"
doesn't help you if you didn't use it.
You now need to go through all your points of appeal and check
with ones, if any, UKPC have not rebutted. Make a note of all
those points. Also, go through their response pack and note any
things that they are obviously lying about such as "UK Parking
Control signage complies fully with section 18 of the British
Parking Association Code of Practice and we reject the
suggestion that it is vague or misleading." which is why I gave
you the comparison sign which included Lord Dennis famous quote.
When you took photos of the signs, did you take any without
using flash to show how unreadable they at night?
#Post#: 42893--------------------------------------------------
Re: Parked in a permit area without displaying a permit
DIR By: DWMB2
Date: October 29, 2024, 9:34 am
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It might be wise to show us redacted copies of the letter, and
show us the contract they have provided.
The letter you have copied and pasted is hard to read in the
format provided as it appears as a wall of text.
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