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PCN at High Point Village
carcaptain
post Sun, 9 Jun 2019 - 12:43
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Hi guys.

I have received a PCN for parking at High Point Village. They did not provided full address and it took me a while to figure out where they are talking about. As far as I know I went to pick up passengers at Station Approach who were already waiting for me and whole thing done <30 sec. I have never been at High Point Village.

I am a minicab driver and as far as I know I am allowed to pick up passengers at double yellow lines.

I have seen some post here about that place. I want to appeal. As my English might not be good enough could somebody please help me with the wording?

I appreciate.
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post Sun, 9 Jun 2019 - 12:43
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carcaptain
post Sun, 9 Jun 2019 - 13:23
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I need some urgent help please.

Thanks
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ggreg
post Sun, 9 Jun 2019 - 22:30
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If you look at this picture you will see that the double yellow lines have hatches, which normally means no loading or unloading. So I would imagjne they have got you on camera.

Is the parking notice from the council or from a private parking company? You need to give more detail if you want a response.

https://www.google.com/search?q=station+app...&bih=800#im

This post has been edited by ggreg: Mon, 10 Jun 2019 - 21:49
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Redivi
post Sun, 9 Jun 2019 - 23:12
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It's Parking Control Management UK Ltd

This is a honeypot that's very familiar on this forum
Building works at the station have left this road as the only access

There's an inconspicuous brown sign saying Private Road to the right of the entrance to Station Approach
The road markings with the same information are cunningly painted where they're hidden from the driver's view by the speed bump

The only restriction signs are on the right by the bays - very high and tiny print
There are no signs at all on the left hand side

The PCM operative lurks in the archway to High Point Village and photographs vehicles dropping off for the station

I would make a simple appeal

Dear Sir

Ref ****

I am challenging this Parking Notice

Stopping a vehicle for boarding and alighting is an exemption to yellow lines
Furthermore, the signs at the location do not comply with the IPC Code of Practice

The Notice must be cancelled

Yours Faithfully


This will be rejected but it will be enough to show a court that you acted reasonably and didn't ignore the Notice
File but ignore any further letters other than a Letter Before Claim

PCM does issue claims for this location but loses them when this Forum provides the defence
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carcaptain
post Tue, 11 Jun 2019 - 14:33
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Here is my original PCN. I have appealed yesterday.

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ostell
post Tue, 11 Jun 2019 - 15:42
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Can't read it

Did you see the thread today that mentioned a win at that location?

Edit: http://forums.pepipoo.com/index.php?showtopic=125862

This post has been edited by ostell: Tue, 11 Jun 2019 - 15:44
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carcaptain
post Tue, 11 Jun 2019 - 22:11
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New scan.



This post has been edited by carcaptain: Wed, 12 Jun 2019 - 13:30
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ostell
post Wed, 12 Jun 2019 - 08:48
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Take down and put up again after redacting things like VRM and PCN Number.

They have failed to specify 9 (2) (f) correctly
They have failed to give a period of parking 9 (2) (a)

The driver was loading/unloading which is not parking.

I hope that you can get some good info from the other thread I linked to.
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Redivi
post Wed, 12 Jun 2019 - 09:19
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I took a set of pictures that have been used successfully in a number of defences for High Point Village

There are no signs at all on that side of the road

As I predicted, the operative was lurking in the archway when he took those pictures
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carcaptain
post Wed, 12 Jun 2019 - 15:12
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QUOTE (ostell @ Wed, 12 Jun 2019 - 09:48) *
Take down and put up again after redacting things like VRM and PCN Number.

They have failed to specify 9 (2) (f) correctly
They have failed to give a period of parking 9 (2) (a)

The driver was loading/unloading which is not parking.

I hope that you can get some good info from the other thread I linked to.


Hi. Thank you for your comments. Yes, I have had a look at that post. What are you referring to by 9(2)(f) and 9(2)(a)? Sorry I am new.
Is there a ready draft for defense?

QUOTE (Redivi @ Wed, 12 Jun 2019 - 10:19) *
I took a set of pictures that have been used successfully in a number of defences for High Point Village

There are no signs at all on that side of the road

As I predicted, the operative was lurking in the archway when he took those pictures


Hi Redivi,

May I have those pictures please? I don't normally go to that area. During past 6 years I went there once and that happened.
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ostell
post Wed, 12 Jun 2019 - 16:03
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Sections of paragraph 9 of Schedule4 of The Protection of Freedoms Act 2012. If they don't comply they cannot hold the keeper liable for the actions of the driver
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carcaptain
post Sat, 15 Jun 2019 - 20:08
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Hi,
I have received the rejection from pcm as expected and they did not answered to any my questions.
Shall I tell them that I don't appeal to IAS because of conflict of interest or just ignore them?
Here is their response.




Redivi,
You said you have some picture of the High Point Village. Could you post them please?

I appreciate your guidance.
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Glacier2
post Sat, 15 Jun 2019 - 21:39
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Do not appeal to the IAS.

You will have to sit through the barrage of debt collector letters and await a properly formatted Letter before Claim.
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Lynnzer
post Sun, 16 Jun 2019 - 11:48
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Can't remember the case details but there is case law, or at least a settled case, where the judge made it clear that stopping is not parking
Somewhere on the Cornwall or Devon coast I think


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carcaptain
post Mon, 17 Jun 2019 - 04:25
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I have just found this image of the sign at the location from internet.

It says "No Grace period applies". Can any parking company say that based on IPC CoP?

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Lynnzer
post Mon, 17 Jun 2019 - 08:26
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Apart from the Code of malpractice they must adhere to in order to gain access to the DVLA, there's also a secondary issue.
Contract law.
You can't agree to any contractual terms without reading them. If the only place you can read them is on a sign which is atop a pole that has lots of words on, then you need to stop to actually read them anyway.


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