deks36
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Private parking or penalty charge????? Airports
deks36 replied to deks36's topic in Private Land Parking Enforcement
And that is exactly as I see it. Fortunately Ive never had one and unlikely to now Ive retired from the trade so unlikely to get one. -
Private parking or penalty charge????? Airports
deks36 replied to deks36's topic in Private Land Parking Enforcement
In some ways yes I suppose it is and on reading the bye law which applies to my situation of being a private hire driver the argument would be in favour of Heathrow airport that is "3.29 Loading of private hire vehicles No person shall cause or permit a Private Hire Vehicle to load passengers at the Airport other than in an official car park." however does this make it legal for the police to issue a ticket anyone picking up outside of an official car park? -
Heathrow airport drop off though this could apply to any airport I expect.. Heathrow airport is private land and I have a response from the Met police stating that and that they are paid to police the land by Heathrow airport.. Now I accept a need to police it for security reasons and because in motoring terms a lot of traffic uses the area daily. However on occasions the Met police decide they will clamp down on people picking up from the drop off areas which by the signs posted is an offence some signs state its an urban clearway no stopping allowed except for dropping off so its fine to stop and unload but if you stop and load up thats an offence. I had a friend (taxi driver) dropping off and loading up at the same time 1 in and 1 out and he was threatened with a ticket as according to the officer its an offence to pick up.. Its clear this is all about money for for the car park.. Would the police issuing you a ticket in this case be classed in the same way as private company ticket or would it be classed as a criminal offence given that its on private land and would the matter differ if the ticket was issued by an airport employed operative such as the parking wardens they employ. I havent had a ticket but in some ways Id like to test the case in court as in my eyes its a private land parking matter and one the Police should not be involved in.
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Just want to update to advise that parking eye do not wish to contest my appeal no reason given back popla Would like to thank the people on this forum for their help and advice To any one searching for the first time my advice is don’t ignore a letter but read the forum on how best to respond
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thank you and noted
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thank you.. it looks as if I have messed up my appeal due to my impatience so it looks like I'll end up in court over it. Where I expect I will need to be much better prepared
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thank you. Yes i recognise there are plenty of people who just pay up.. I had a previous issue courtesy of my daughter on that occasion I chose to brave it out and ignore the letter(s) though I did get advised this wasn't a good course of action so took that on board this time and responded to it. They were different companies and I was lucky with the other one who didn't pursue it though it does look as PE will take them as far as they can and hope to win the day
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thanks for the reply, sadly too late for me as I already submitted the appeal. I dont fully understand how to argue points in a legal manner. However my time is precious as I am currently in the middle of selling my business and and in the middle of starting a new one elsewhere along with moving.. If push comes to shove I'll name the idiot driver who chose to stop in a car park he had no reason to be in and even worse take on face value the person their telling him its ok as the machine was broken.. What I dont understand is how its OK for them to lie about evidence but not OK for me to highlight this. t If I am reading comments correctly around the internet are they even allowed o get data from DVLA for such a car park? its all very confusing to me
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ok so Ive copied and pasted a few bits from the links posted. I expect I ve got it all wrong but this is what Ive written(not yet sent) The land is not 'relevant land' for the purposes of the Protection of Freedoms Act 2012 ("POFA") T, by virtue of paragraph 3(1)© of Schedule 4 of POFA, the Operator has no right to recover under POFA. There are previous cases where Popla have decided on this and agreed there is no right to recover from the registered keeper.Therefore there is no keeper liability. the signs as unclear/ not enough of them/acres of small text/ mounted so high you can't read without a telescope - fail to meet the requirements of the BPA Code of Practice Para 18.3Require that they produce photos of the signs as visible under the lighting conditions at the time Signs do not state that ANPR is used to calculate the period of parking and that it includes the time before finding a parking space and leaving afterward. Even if a contract existed, this is a unilateral and retrospective variation of its terms. I require proof that their contract grants them the authority to pursue charges to court in accordance with the BPA Code of Practice Para 7.2 A witness statement must be signed by the landowner in accordance with the BPA Code of Practice 22.16b. There is no evidence to show the vehicle was parked for the time claimed to be in the car park. The date of event is recorded as 28/5/18 the date the letter to me as the registered keeper was issued 7/7/18 and in it Parking eye claim to have originally written to the registered keeper who informed them I was liable.. FACT I am the registered keeper of this vehicle and have been since 27/6/16 though I was not the driver on the date in question. so their statement is a Lie and they have made no attempt to address the registered keeper before 7/7/18. So apart from the POFA 2012 RULING and the recent case where a judge upheld that
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HOW DO i FIND names of cases? the link just says mr X.. what is a precis please?
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and thank you for your advice
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in my appeal I stated there would be no admission to who was driving on the date in question. I said the NTK was to late to meet pofa requirements
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UPdate from parking eye as probably expected my appeal to them was unsuccessful so I know have my code for popla I wonder if I might ask how I should word the appeal I am the vehicles registered keeper I was not the driver and nor have I named the driver. the event was on the 28th May it was a payment required car park but driver didn't make payment as machine was broken (I am unable to say if other machines exist on site) notification received 7/7/18 on the reverse of the notification is a lie that says they contacted the registered keeper from records held by DVLA and the registered keeper said I was responsible for vehicle(I am the registered keeper) the way I have read the comments above is I need to make the point of the elapsed timescale, the lie on the reverse, the ticket machine not working according to driver, and possible address the comment above about PE being told to not bring any more cases due to byelaws on the port property though not sure if thats relevant to appeal to popla
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thanks guys.. really appreciate the advice. Now to work on my appeal to PE and then no doubt ultimately POPLA I doubt this is relevant but ill mention it on the 18/6/18 I removed the cherished plate from this vehicle to which this letter applies and replaced it with its original registration so from that I can deduce wrongly or rightly that PE must have got the details prior to this date I dont know if this has any relevance or not but worth a mention if it makes my task easier
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yes the letter is address to me a the registered keeper and not as the driver as I wasn't thanks for your input
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