One Parking PCN no.1 |
Helping the motorist get justice 
Helping the motorist get justice
One Parking PCN no.1 |
 Tue, 18 Sep 2018 - 22:13
Post
#1
|
|
|
New Member Group: Members Posts: 6 Joined: 10 Sep 2018 Member No.: 99,815  |
Hello all, got a few tickets to deal with at the moment. Any advice hugely appreciated, really cant afford to be bled dry by these greedy swine, now less than ever.
First one is quite straightforward: This ticket was received on an industrial estate, where the vehicle was parked between buildings against a hedge, any barely discernable signage was on the other side of the wide area between the back of industrial buildings. An appeal was made as the registered keeper was not in this case the driver of the vehicle. Appeal was rejected by One Parking. Is it worth taking to POPLA, and if so, whats the angle... I am also more than ready to ignore any further correspondance, but I was thinking because the vehicle has three outstanding fines, two of which I accidentally appealed as RK and driver, i might risk being one of the unlucky few for whom it goes further. Any thoughts appreciated! |
 |
 
|
 |
| Advertisement |
Tue, 18 Sep 2018 - 22:13
Post
#
|
 Advertise here! |
|
|
|
|
|
Tue, 18 Sep 2018 - 22:38
Post
#2
|
|
|
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
How can wee help if we don't know what was i the PCN? Is it a hire car? How did the mistake in appealing occur?
Is this a windscreen ticket or a NTK in the post? |
|
|
|
|
Wed, 19 Sep 2018 - 08:05
Post
#3
|
|
|
Member Group: Members Posts: 9,985 Joined: 20 Aug 2008 Member No.: 21,992 |
In what way did the ticket fail to comply with Schedule 4 of the Protection of Freedoms Act?
Can you post up a redacted scan of the ticket? And any pics of the signs at that location? -------------------- Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
|
|
|
|
|
Thu, 20 Sep 2018 - 00:25
Post
#4
|
||||
|
New Member Group: Members Posts: 6 Joined: 10 Sep 2018 Member No.: 99,815 |
Sorry, must be annoying getting requests for help that arent helpful.
Windscreen ticket. I can include a photo of theirs, of mine and a redacted (i hope appropriately) ticket. I will look up schedule 4 of protection of freedoms act.
Attached thumbnail(s)
|
|||
|
|
|
|||
|
Thu, 20 Sep 2018 - 09:29
Post
#5
|
|
|
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
The sign you showed isn't really readable and no way can it create a contract. In the photo of the car there are other signs around. Can you get photos of them please. One of them seems to be saying Permit Holders Only and is therefore not offering a parking contract to non permit holders. The only action would be by the landholders for trespass.
That PCN is really descriptive about the location! How many Spring Gardens are there? Here's POFA for you to look at Paragraph 7 is particularly relevant So you want POPLA points. Get the details of those other signs. The permit holders only sign is a forbidding sign and cannot possibly create a contract with the driver and therefore with no contract there can be no breach. The only possible claimant would be the landholder for trespass. POFA 7 (2) (a) requires a statement of the relevant land and period. The location is a public road subject to RTA and therefore not relevant land. The location is not specific, there are many roads named "Spring Gardens". There is no period of parking. An indeterminate statement of "period preceding" is insufficient 7 (2) (e) required that the creditor be identified. This is not there. (unless I missed it again) 7 (2) (f) requires the time and date of issue. THis is not there (unless you redacted it) Perhaps you can find some more |
|
|
|
 |
|
Lo-Fi Version | Time is now: Tuesday, 16th April 2024 - 08:52 |
