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LDK Security Group LTD- Hospital Parking PCN, No Signage/Black Photos/Ticketed Twice
Streptococcus
post Sun, 10 Feb 2019 - 22:08
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Hello again.

It has been a long time since I've had to post on here regarding a private parking ticket. I have done some reading "Post Beavis" and my understanding is that the goalposts have moved significantly, but many of the original defence points still stand.

The keeper of the vehicle in question received two "parking charge notices" for parking in what appears to be a controlled parking area, adjacent to a hospital, but what seems to be private parking for a care home.

There was no clear entry signage, and the signage which was there on closer inspection was lying on the floor and almost impossible to be seen at both times the "charge" was issued. In my opinion the photographs don't prove that any alleged contravention of the terms has occurred, even if the signage was indeed compliant. I'll let the photographs below speak for themselves.


https://imgur.com/a/tH7zeB5




I have drafted an appeal which is the following:


Dear LDK,

As registered keeper I am appealing both your parking charge notices on the basis of the following:

1. No clear entry signage, and the signage which is present was found to be lying on the floor completely obscured and unlit

2. Photographs on one parking charge show complete darkness- the contravention has not occurred

3. Photographs on the other parking charge notice show the vehicle in question, but not that it was even parked in the area which you claim to be operating in


Therefore both parking charge notices are invalid and should be dismissed

Yours sincerely,




Thanks a lot for your help.

This post has been edited by Streptococcus: Sun, 10 Feb 2019 - 22:56
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post Sun, 10 Feb 2019 - 22:08
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Streptococcus
post Sun, 10 Feb 2019 - 22:48
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I was also wondering if the fact that they state a ticket should be displayed, but do not specify where on the car would be grounds for appeal?
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The Rookie
post Mon, 11 Feb 2019 - 03:48
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Private parking uses civil principles, so balance of probabilities, so
1/ If on Balance of probabilities the car in question was there, the photo's are sufficient
2/ If on balance of probabilities the ticket was displayed the judge would accept that, if no ticket was even bought the fact it may not say where to display it is of total irrelevance.

Private parking is under contract law, thee is no need to 'dot the i's and cross the t's' as there would be for parking controlled by statute.


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ostell
post Mon, 11 Feb 2019 - 07:51
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So you appeal as the keeper about the lack of visible signage and later inspection showed the signage on the ground and therefroe could not be seen and therefore no contract created. They have also failed to state section 9 (2) (f) in the required format, as well as other failurs in the POFA requirements and therefore the keeper cannot be held liable.

And then ignore anything else that arrives and don't park there again.
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Streptococcus
post Mon, 11 Feb 2019 - 20:16
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Thank you both for your replies.

Ostell, I'm a little confused with your post. At the bottom of the letter it quotes the POFA 9 2 f along with keeper liability if the drive is not known after 28 days. I'm not sure what you are referring to when you state it is not compliant. How best should I word my defence if I have misunderstood this?


Should I appeal against the deficient signage or would an appeal against a breach of POFA be a stronger position?


Also, I'm familiar with POPLA. I've done some research and can't seem to see much about the IPC appeal service. What happens if they find against me, is it likely that I will have to go to court?


Thanks for your replies

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cabbyman
post Mon, 11 Feb 2019 - 20:27
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You don't appeal to IAS. It is a kangaroo court that guarantees the PPCs a certain level of rejected appeals. All you will be doing is giving LDK a decision to wave in court.


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Streptococcus
post Mon, 11 Feb 2019 - 20:32
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Thanks Cabby. So unless they're with POPLA, its their appeal and then straight to court? Its been a long time since I've had to appeal a PPC so I'm just trying to get back to speed with everything. A lot seems to have changed post Beavis
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ostell
post Tue, 12 Feb 2019 - 08:52
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Sorry 9 (2) (e) is not in the required format. There are also a copule ofother details missing.

You appeal against everything
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nosferatu1001
post Tue, 12 Feb 2019 - 12:15
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Why do yo uthink it is "straight to court"?
ONLY if they take you there
Usuaully after a round or three of ignorable debt collcetor letters.
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Streptococcus
post Yesterday, 23:57
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Hello,

I'd been away so didn't get a change to reply sooner

Thank you all for the replies so far

I've just drafted an appeal for both tickets so feedback would be appreciated


"Dear LDK Security Group LTD

I am appealing against the two parking charge notices I received for the following:


1. The signage in the location was insufficient and does not comply with the British Parking Association guidance

2. Your Parking Charge Notice does not comply with section 9 (2) (e) of the Protections of Freedoms Act

3. The evidence you have provided to me does not prove that I have parked in a an area controlled by yourselves, and you have failed to identify which signage was in operation at the site.

4. The Terms of parking state that a valid ticket must be displayed at all times, however does not state where in the vehicle it must be displayed


As per my above appeal points, I request you therefore cancel these parking charge notices

Yours sincerely"

This post has been edited by Streptococcus: Yesterday, 23:57
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ostell
post Today, 07:23
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You have identitfied the driver, not recommended

Put in ALL the POFA fails and the keeper cannot be held liable
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nosferatu1001
post Today, 08:35
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You were told not to identify the driver, and thats even more important if youre actually relying on POFA - which you are
So, edit it.
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