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Retail Shopping double yellow
farenheit
post Tue, 10 Sep 2019 - 08:28
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Hi
Does anyone know if it's worth contending a PCN for parking on double yellow at the fort shopping centre?
I received a PCN yesterday indicating that the vehicle was parked on DYL. Where THE DRIVER was waiting on DYL no longer than necessary to embark a passenger.

This post has been edited by farenheit: Mon, 16 Sep 2019 - 06:05
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post Tue, 10 Sep 2019 - 08:28
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The Rookie
post Thu, 12 Sep 2019 - 17:20
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QUOTE (farenheit @ Thu, 12 Sep 2019 - 16:06) *
QUOTE (The Rookie @ Thu, 12 Sep 2019 - 15:19) *
QUOTE (farenheit @ Thu, 12 Sep 2019 - 13:46) *
Also is the sign saying i can no longer come back to this retail park and park if this PCN isnt settled?

Nothing on the sign appears to even remotely suggests that. What part do you think does?

Next to the little parking charge notice box in small fonts.

Nope, that says absolutely nothing of the sort! All that says is that if you stay there longer than 24 hours they can raise another charge. Nothing about not coming back at all.


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

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nosferatu1001
post Fri, 13 Sep 2019 - 06:51
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Youre the hirer, so put your name in.
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farenheit
post Fri, 13 Sep 2019 - 10:27
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QUOTE (nosferatu1001 @ Fri, 13 Sep 2019 - 07:51) *
Youre the hirer, so put your name in.

Even if im the RK? huh.gif
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Redivi
post Fri, 13 Sep 2019 - 11:13
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My understanding is that the OP is the registered keeper so use that

He appears to be saying that the ban on a return to the retail park is an instruction on the Parking Notice, not the sign

Apart from the question whether PCM has any such authority, who is banned ?
The driver or anyone else that uses the vehicle ?
In any case, if the car is specifically excluded, PCM cannot deny that a return visit would be trespass, not a contract

I would put in the appeal that boarding/alighting is an exemption to yellow lines regulations

PCM uses yellow lines to signify no parking and the motorist is entitled to assume that they have the same meaning as on a public road
If PCM intended that the exemption doesn't apply and cars mustn't stop, they should have used red lines
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farenheit
post Sun, 15 Sep 2019 - 09:02
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Out of interest, if/when the appeal gets rejected at the first stage do I lose the option of the reduced rate?
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nosferatu1001
post Mon, 16 Sep 2019 - 15:54
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The Rate you're paying is £0
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farenheit
post Wed, 18 Sep 2019 - 06:05
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Am I ok to paste my draft here for checking? 🙂
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nosferatu1001
post Wed, 18 Sep 2019 - 07:37
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Yes, but I struggle to see how it needs it - its a first stage appeal and you have all the info you need.
The real effort comes in POPLA appeals.
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farenheit
post Wed, 18 Sep 2019 - 07:46
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QUOTE (nosferatu1001 @ Wed, 18 Sep 2019 - 08:37) *
Yes, but I struggle to see how it needs it - its a first stage appeal and you have all the info you need.
The real effort comes in POPLA appeals.


Just wanted some reassurance smile.gif
CODE
[my name
and address]

[date]
[name and address of
PPC]

Dear Sir or Madam,

Ticket number: [xxx]
Vehicle registration number: [xxx]

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement. There will be no admissions as to who was driving and no assumptions can be drawn and I therefore decline your invitation to name the driver, which is not required of me as the keeper of the vehicle. I will not be paying your demand for payment for the following reasons:


•    Boarding/Alighting is an exemption to yellow lines regulations and the THE DRIVER was waiting on DYL no longer than necessary to embark a passenger.

•    The car park in question has no clear signage to explain what the relevant parking restrictions are and makes no offer of parking on the yellow lines; as such the driver couldn't have entered a contract to do so. Trespass can only be actioned by the land holder. This means no contract can be formed with the landowner and all tickets are issued illegally. Please see attached Image.

•    The Notice to Keeper failed to meet the obligations of Schedule 4 of the POFA Act 2012

Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence; in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.


[signature]

[name (printed)]


This post has been edited by farenheit: Wed, 18 Sep 2019 - 14:28
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