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Parking charge notice from PEA
BBQ King
post Tue, 18 Jun 2019 - 18:06
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Hello everyone, looking for a bit of advice please...

Parking charge notice issued by PEA on 13th May, in Queensway, London, W2, based on parking for 15 mins without paying.

Sent as NTK to my employer 16th May.

Employer gives me opportunity to challenge, so I appeal, as driver (I now realise that may not have been particularly wise!)

The appeal basis was that I was unloading, and provided copies of the delivery notes (electronic and paper), both signed and timed.

The appeal is rejected because I was "parking", and I am given 14 days to pay, or 28 days to appeal to POPLA (from 10th June)

I subsequently went back and photographed one of the payment signs.

It includes the words "By entering, parking, waiting or otherwise remaining within these private premises you agree to the following terms and conditions. Please do not park here unless you agree to the following terms and conditions in full."

Nowhere on the signage does it say anything about loading.

Additionally, having read through the BPA Code of Practice (2018 version), it makes no mention to loading, however, I did notice one thing. It specifies that notices at the entrance to the area should be placed in such a way that you should not have to take your eyes off the road to read them. The sign at the entrance to this area (effectively a cul-de-sac off the main road) is placed in such a way that it faces the shops on the opposite side of the main road.

I would welcome thoughts on whether I should appeal to POPLA, and if so, what grounds.

Thanks!
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post Tue, 18 Jun 2019 - 18:06
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Lynnzer
post Tue, 18 Jun 2019 - 18:26
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Let's have a Google Street View link please.
Queensway is a public highway so I guess there's a little private pull-in or something you stopped at


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ostell
post Tue, 18 Jun 2019 - 19:51
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There is a court case around that decided loading/unloading was not parking

So do the customers have the ability to get this cancelled ? Have you asked ?

This post has been edited by ostell: Tue, 18 Jun 2019 - 19:52
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Lynnzer
post Tue, 18 Jun 2019 - 20:26
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QUOTE (ostell @ Tue, 18 Jun 2019 - 20:51) *
There is a court case around that decided loading/unloading was not parking

So do the customers have the ability to get this cancelled ? Have you asked ?

I got appeals like this allowed by PATAS.
Civil cases don't have independent adjudicators though. I guess if it did progress to a court you could use PATAS results to back up that loading/unloading isn't Parking.
Apart from that, there's an assumed invitation to load/unload for the benefit of the occupier of the premises. As this will more than likely be akin trespass I doubt whether this would play out well for them in court due to that specific point


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BBQ King
post Tue, 18 Jun 2019 - 23:04
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Ostell...The delivery was to a contractor working on the premises...so not the actual tenant...
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nosferatu1001
post Wed, 19 Jun 2019 - 07:27
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Contractor working under the instruction of a tenant
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Lynnzer
post Wed, 19 Jun 2019 - 07:37
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QUOTE (nosferatu1001 @ Wed, 19 Jun 2019 - 08:27) *
Contractor working under the instruction of a tenant

Exactly.
Parking restrictions are placed so as to prevent unauthorised use of the parking areas.
A necessary delivery of goods isn't use of any bay for the specific purpose of parking.


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BBQ King
post Thu, 20 Jun 2019 - 18:09
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Thanks for the info.

If I get the gist right, I should appeal on the basis that I was unloading for a contractor working on behalf of a tenant, and had therefore been invited onto the premises.
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