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#Post#: 49348--------------------------------------------------
Re: Parked on private land on mistaken advice of resident
DIR By: eyalmms
Date: December 11, 2024, 9:04 am
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Apologies. Messaged again as I thought I'd sent this draft on
Saturday. But clearly not!
#Post#: 50093--------------------------------------------------
Re: Parked on private land on mistaken advice of resident
DIR By: eyalmms
Date: December 16, 2024, 9:21 am
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Hey
Any further input to the appeal? Would like to send it so and
just have one less thing hanging over me
Thanks all
E
#Post#: 50915--------------------------------------------------
Re: Parked on private land on mistaken advice of resident
DIR By: eyalmms
Date: December 23, 2024, 6:20 pm
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Hey. Am posting this tomorrow so it's not hanging over me on
Christmas. Wish me luck!..
E
#Post#: 50916--------------------------------------------------
Re: Parked on private land on mistaken advice of resident
DIR By: b789
Date: December 23, 2024, 7:05 pm
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"Posting"??? I hope you mean sending through the POPLA website.
You can just save it as a PDF and upload it. Make sure you don't
select anything that gives away the drivers identity. The
appellant is the Keeper or "other" only.
#Post#: 50924--------------------------------------------------
Re: Parked on private land on mistaken advice of resident
DIR By: eyalmms
Date: December 24, 2024, 12:39 am
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--- Quote from: b789 link ---
>
> "Posting"??? I hope you mean sending through the POPLA
website. You can just save it as a PDF and upload it. Make sure
you don't select anything that gives away the drivers identity.
The appellant is the Keeper or "other" only.
>
--- End Quote ---
To be honest I had presumed that I submit through a website but
I'll work out out! Will keep the driver's identity of it, thanks
E
#Post#: 50929--------------------------------------------------
Re: Parked on private land on mistaken advice of resident
DIR By: eyalmms
Date: December 24, 2024, 3:12 am
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When submitting the challenge, do I include photos of the
signage in the pdf, or just make my points about the signs not
complying and let them look for themselves?
#Post#: 50975--------------------------------------------------
Re: Parked on private land on mistaken advice of resident
DIR By: b789
Date: December 24, 2024, 11:09 am
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Yes, you should include any evidential images you want to rely
on. For example, is the case of signage, you could use something
like the example below to show inadequacies:
HTML https://i.imgur.com/tRGrm5q.jpeg
You could also show photos of how there is a lack of signs or
that they are not prominent etc.
#Post#: 51758--------------------------------------------------
Re: Parked on private land on mistaken advice of resident
DIR By: eyalmms
Date: January 3, 2025, 8:07 am
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Dear Assessor,
The contract that we are seeking payment on has arisen from a
breach of the notified terms and conditions of parking stated on
the signs that the landowner has requested us to erect and
permitted to remain erected at this location. The evidence
demonstrates that the signage, including the entrance signs, is
clearly located to make motorists aware of the terms and
conditions and the potential consequences of non-adherence to
the terms have been made fully available "PRIVATE ROAD,
MONITORED PARKING IN OPERATION SATURDAY 11am – 12pm, 1pm-2pm,
3:30-4:30pm and 7-8pm.
UNAUTHORISED PARKING BY MEANS OF NOT SHOWING A CLEARLY DISPLAYED
VALID PERMIT IN THE WINDSCREEN WILL RESULT IN A PARKING CHARGE
NOTICE OF £100 BEING ISSUED".
The charge was issued because the appellant's vehicle was parked
without a valid permit on Saturday between 1pm and 2pm, which
directly contravened the terms and conditions of parking.
The evidence demonstrates that the entrance sign makes it clear
that motorists enter private land managed by our company on
behalf of the landowner. It is also clear in its communication
that terms and conditions apply. The terms were adequately
brought to the driver's attention. The signage stands out from
the surroundings of the site. The signage is displayed as black
text on a white background, making it prominent to all motorists
when they park. The sum payable for unauthorised parking is
printed in larger bold letters, which is more than visible when
reviewing the signage. The signage at the location in question
is BPA compliant and would have been visible when the driver
arrived on site. Whilst we note the appellant has raised
lighting within their grounds of appeal, the signage on site is
made of retro-reflective material, ensuring visibility if
illuminated by vehicle headlights. However, the contravention
took place during daylight hours, and therefore, the driver had
sufficient lighting to review the terms and conditions of
parking. It was then the driver's responsibility to ensure they
sought out and adhered to the advertised terms. By instead
choosing to ignore the terms and remain without a valid on
display, the driver became liable for a parking charge.
It is important to note that the operator does not have to issue
a notice directly to the driver of the vehicle, as it can hold
the keeper of the vehicle liable for the charge. For a Notice to
Keeper to be compliant with PoFA 2012, as detailed in section
9(2)(f) “warn the keeper that if, after the period of 28 days
beginning with the day after that on which the notice is given—
(i) the amount of the unpaid parking charges specified under
paragraph (d) has not been paid in full, and (ii) the creditor
does not know both the name of the driver and a current address
for service for the driver, the creditor will (if all the
applicable conditions under this Schedule are met) have the
right to recover from the keeper so much of that amount as
remains unpaid.” The Notice to Keeper correctly conveys this
information. It states the keeper has ‘If after 29 days we have
not received full payment or driver details’, which is the
equivalent of ‘28 days beginning the day after the that on which
the notice is given’. This is compliant with PoFA Act 2012
requirements, and therefore, the parking charge is BPA and POFA
2012 compliant. The evidence does not indicate that the keeper
provided us with the relevant information to transfer liability
to the driver. By failing to provide the driver's details, the
appellant has assumed liability for this PCN.
The appellant also says that the PCN does not comply with
paragraph 9(2) (a) of the Protection of Freedoms Act (PoFA)
2012, which states: “Specify the vehicle, the relevant land on
which it was parked and the period of parking to which the
notice relates.” The PCN states the location, the date and time
of the contravention and also contains images of the vehicle
parked at the site, which is sufficient to identify the period
of parking to which the notice relates. The PCN is therefore
PoFA compliant.
Ultimately, it is the motorist’s responsibility to ensure they
adhere to the site's terms in order to avoid the possibility of
a PCN being issued."
#Post#: 51766--------------------------------------------------
Re: Parked on private land on mistaken advice of resident
DIR By: eyalmms
Date: January 3, 2025, 9:57 am
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Hi all
Have just been sent this through Popla. Along with proof that
manage the land etc. Have been given 7 days to respond - do I
reply?
Thanks again
E
#Post#: 52303--------------------------------------------------
Re: Parked on private land on mistaken advice of resident
DIR By: eyalmms
Date: January 7, 2025, 12:01 pm
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Hi, sorry to chase. Just seems a shame to end up being rejected
just because I haven't replied to their response
Or do they make a good arguement that should spur me to back
down?
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