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Parked Outside the Confines of a Marked Bay - parking and property management
happypie
post Sat, 10 Jun 2023 - 00:29
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Hi guys,
Received this parking charge notice by post.


https://ibb.co/YP0td3S


Here is my appeal, can you please suggest any more points to fight this?

--------

I am the registered keeper and would be grateful if you would please consider my appeal for the following reasons.

1. Unreadable signage and not seen so no contract could be entered into or formed

2. No evidence of Landowner Authority


1. Unreadable signage and not seen so no contract could be entered into or formed

I am attaching a few pictures of how the parking sign looks. Its placement is quite high and font size is too small which makes it almost impossible to read terms and conditions and hence the contract was NOT formed.

2. No evidence of Landowner Authority

I put the claimant to strict proof that they have the standing and authority to bring this claim specifically their proprietary interest in the land or alternatively the landowner's authority to bring legal proceedings in the claimant's name.
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post Sat, 10 Jun 2023 - 00:29
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The Rookie
post Fri, 30 Jun 2023 - 07:09
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QUOTE (Nosy Parker @ Mon, 12 Jun 2023 - 15:06) *
as a period must have a start time and an end time

Must it?
1. a length or portion of time.
"he had long periods of depression"


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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happypie
post Fri, 30 Jun 2023 - 11:05
Post #22


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Yeah I expected it.
I am going to appeal to IAS now.

They mentioned that signs are clearly visible and audited by international parking community.

I honestly can’t read anything from the picture of sign they have posted in proof.

Also now they have painted yellow lines which means it wasn’t clear before…

Any more thoughts?
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Jlc
post Fri, 30 Jun 2023 - 12:41
Post #23


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Member No.: 49,223



QUOTE (happypie @ Fri, 30 Jun 2023 - 12:05) *
Also now they have painted yellow lines which means it wasn’t clear before…

Yes, that's a factor but unlikely to swing it.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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happypie
post Thu, 6 Jul 2023 - 23:05
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Here is my appeal to IAS:

CODE
I am appealing to have the parking charge notice dismissed on the following grounds:

1. No breach occurred

I received a fine for allegedly "Parked Outside the Confines of a Marked Bay," but I want to emphasize that I parked legally near the kerbside. I did not block any driveways or park on double yellow lines. I have attached a recent picture of the site, which now has double yellow lines, but those lines were not present at the time I parked. The recent addition of double yellow lines does not retroactively invalidate my previous legal parking. I request the immediate dismissal of the fine as it is clear that my parking was lawful and the subsequent painting of double yellow lines is an unjust attempt to penalize me.

2. Unreadable signage and not seen so no contract could be entered into or formed

The signage at the parking location was placed too high, and the font size was too small, making it impossible to read the terms and conditions. As a result, I could not enter into or form a contract. I have attached a picture uploaded by the Parking and Property Management Ltd as proof, which clearly shows that the terms and conditions on the parking sign are illegible.

3. No evidence of Landowner Authority

The operator is put to strict proof of full compliance with the IPC Code of Practice. It is suggested that The Operator does not have proprietary interest in the land and merely acting as agents for the owner/occupier. I ask that The Operator be asked to provide proof they have the authorisation at this location in the form of a signed and dated contract with the landowner which specifically grants them the standing to make contracts with drivers and keepers and to pursue charges in their own name in the courts. Documentary evidence must pre-date the parking event in question and be in the form of genuine copy of the actual site agreement/contract with the landowner/occupier and not just a signed ‘witness statement’ slip of paper saying it exists.

They must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken. The written authorisation must also set out:

a) the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined

b) any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation

c) any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement

As this operator does not have proprietary interest in the land then I require that they produce an unredacted copy of the contract with the landowner. The contract and any 'site agreement' or 'User Manual' setting out details including exemptions -such as any 'genuine customer' or 'genuine resident' exemptions or any site occupier's 'right of veto' charge cancellation rights is key evidence to define what this operator is authorised to do and any circumstances where the landowner/firms on site have a right to cancellation of a charge. It cannot be assumed just because an agent is contracted to merely put some signs up and issue Parking Charge Notices, that the agent is also authorised to make contracts with all or any category of visiting drivers and/or to enforce the charge in court in their own name (legal action regarding land use disputes generally being a matter for a landowner only). Witness statements are not sound evidence of the above, often being pre-signed, generic documents not even identifying the case in hand or even the site rules. operator to strict proof of full compliance:

Not forgetting evidence of the various signatories are:

name/job title/employer company, and whether they are authorised by the landowner to sign a binding legal document


This post has been edited by happypie: Thu, 6 Jul 2023 - 23:09
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The Rookie
post Fri, 7 Jul 2023 - 07:06
Post #25


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OK...
1/ not a fine, it tells you it's a charge
2/ Legally isn't in question, it's whether by the manner it incurred a charge or not
3/ You need to show why it was acceptable to park outside the marked bay, you've failed to even try to do that, utterly.
4/ You don't request anything, this isn't primary school.

That's just para 1. You've haven't done the slightest bit of homework, so lets try and do it properly and then we are critiquing something at least vaguely close to sensible to send.

All you are doing with that is showing you haven't got a clue, or in other words making yourself a nice juicy target for a court claim as they prefer people who haven't got a clue.

Of course if you want a court claim it's the right thing to send.

This post has been edited by The Rookie: Fri, 7 Jul 2023 - 07:07


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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