Jump to content

TamerAM

Registered Users

Change your profile picture
  • Posts

    8
  • Joined

  • Last visited

Reputation

0 Neutral
  1. Hi everyone, I've been charged with a parking ticket from the council in a place where there were no signs whatsoever. Haven't crossed any double lines, no yellow lines, no signs, no machines to pay, nothing. I have challenged the PCN to the Council and they rejected stating that there are clear signs at the entrance on the street. It was my mistake that I haven't noticed the only sign that was not even in my line of sight and no reminders on the street that it is a resident-only parking street. Please, see it yourself @ https://www.google.co.uk/maps/@51.8746993,-0.4247964,3a,75y,77.44h,69.13t/data=!3m6!1e1!3m4!1sCJDwF1bFBP7eiVbtX0vAxw!2e0!7i16384!8i8192 My car was parked in the exact same spot where the Blue car is in the street view, in between those 2 vans. If you go behind the black van and go to the left, down the street, you will see there is a sign (I have just seen it recently and they uploaded a photo of it). On the sign that says "Resident parking past this point" going down behind the black van - on the same sign, on its back, it says the same, going upwards. Are there any other grounds to get this cancelled? Any grounds to re-appeal and get this over with? NB: I have not seen any photos submitted by the CEO in the parking charge form. "Thank you for your correspondence received concerning the above Penalty Charge Notice (PCN). After full consideration of all the circumstances I have to advise you that we are rejecting your challenge of the Penalty Charge Notice. The reasons for rejection are as follows: The notes made by the Civil Enforcement Officer (CEO) at the time the Parking Charge Notice (PCN) was issued state clearly that your vehicle was seen parked in a residents parking zone Russel Rise parked without displaying a valid resident’s permit correctly during prescribed hours. The vehicle was observed from 14:26 hours to 14:31 hours and during this time the driver was not seen and the ticket was affixed to the windscreen at 14:29 hours. Drivers of vehicles parked in a resident permit bay are required to display their valid permit or ticket clearly so that it is visible from the front or the near side of the vehicle. Vehicles left in a parking place designated for permit holders only are required to display a valid permit in such a way that the details printed thereon are clearly visible from the front or the near side of the vehicle. In this case the restrictions were from Monday- Saturday, 8am- 6pm. In your appeal you stated that you were not aware of any restrictions in place for where your car was parked which was opposite 107 Russel Rise. You stated that there were no lines or signs, however I can confirm that there is a sign on entrance to Russell rise which clearly shows “Mon-Sat 8am-6pm resident permit holders only past this point”. Based on the evidence before me, I am satisfied that the contravention occurred and that the PCN was issued correctly. The onus is on the driver to ensure that the vehicle is left in accordance with the restrictions, by failing to do this you did not satisfy this requirement therefore I found no grounds to cancel this PCN." I'll just wait for your thoughts if there is anything I could do before the half-amount date is over (19/04/22). Many thanks in advance.
  2. You, guys, are just amazing - unbelievably helpful, kind souls. I appreciate all your help. I am just waiting to see if they will send a Letter in post. Is there a deadline for this, a period in which they are supposed to sue if they want, and if if goes over, unmentioned,, this will be forgotten? I thank you, all, again, from the bottom of my heart.
  3. Thank you deeply, to both of you. You are literally and definitely both LIFE SAVERS. I hope this will be the reality and nothing bad will happen. Apologies for being so anxious and spamming you with messages, I am just really scared as this is my first ever "legal battle" experience and I apologised deeply to Premier Park and POPLA as well, this was not something I fraudulently did to park for free - even they said I paid for those 2 hours and because my partner's health, well... here we are. I will also attach their submitted evidence to POPLA. If you have a bit of spare time to go through it, please let me know your thoughts. I did my best to edit out all personal information, if you find any personal details, please let me know and I will re-upload a protected file. Premier Park Evidence.pdf
  4. Thank you, deeply. Please find it attached. Do you believe there is any way the court will reject their claim if they try to get me into court? This is my first legal experience ever... And nope, I am not a local, I live in other town nearby. This was my second time in MK and my first time at that parking place. PLANET+ICE+Milton+Keynes+GDPR+SIGNAGE_compressed.pdf
  5. They have submitted for their evidence a full PDF regarding signage and contracts with the land owner. I don't know how to check its validity - Would I be able to forward it to you in any way? It has 7MB which is too big to attach here.
  6. Thank you for your quick response. So what should I do in the meantime? I was scared because they had specific timings for my stay and pictures of my car, showing my plate and my car. I am really scared, they both refused this and I am afraid something bad might happen if they get me to court. What would you suggest to do - just ignore it until and IF they send a letter of claim? Could this be forgiven and nothing bad could happen if I do not pay it, or they might delete it from their system? Haven't had any calls/emails/letters since POPLA's decision but I am panicking every day.
  7. Hi there, I find myself in quite a damned situation and I am not sure what to do. Long story short: I was with my partner and we had a ice skating booking at Planet Ice. We had paid for 2 hours parking because our Planet Ice booking was for 2 hours. By the time we had to leave the ice rink, after the final whistle, my partner got really dizzy (she has a health condition where she suddenly and randomly feints) and she fell and sprained her ankle really bad. We had to stay there until she recuperated and placed some ice bags on her ankle, after which we drove home. After that incident, I was really shocked and totally forgot about the parking at Planet Ice. I did not want to fraudulently keep my car there without being paid. The Automatic Number Plate Recognition (ANPR) has images of the vehicle, entering the car park at 20.02, and exiting at 22.27, totalling a stay of 2 hours 25 minutes (for which I only paid, because of what is stated above, 2 hours). It was an urgent need for which I deeply apologised to the operator in a direct appeal and they rejected, saying that they do not care about mitigating circumstances. I am currently in a tough financial position where, because of COVID and my family being affected really bad, I had to quit my job in November and I have just returned back to UK after visiting and being there with them after which I was bed-ridden due to COVID - I had different short timed jobs and currently looking for a full-time job. Afterwards, I went and appealed to POPLA, submitted a list of everything we experienced then, what the reason was and that I paid for 2 hours after which my partner's condition shocked me and totally forgot. In the end, they rejected my appeal and ordered to pay the fine to the operator... I am totally lost now, what should I do? Will they send debt collectors after me? Will they take me to court if I won't pay this PCN? This is my first time receiving a PCN and I have no legal help, no lawyer and no one to support me with what I should do. I do not have £100 to pay to them and I am just shocked that they did not even care of the reason, a notable health reason. It was my first time parking there. POPLA's decision: "Assessor summary of operator case: The operator has issued the Parking Charge Notice (PCN) due to whole Period Of Parking Not Paid For. Assessor summary of your case The appellant’s case is that they visited the site while attending Planet ice for a 2 hour booking. The appellant explains that they were only able to pay by cash as they did not have the mobile app but whilst skating their partner, who has heath conditions became dizzy, fell and sprained their ankle. The appellant says that after attending to this situation they then drove home and forgot to pay for their parking. The appellant says they are in financial difficulty due to COVID 19 and this was a genuine mistake. Within their comments to the operator’s evidence, the appellant has reiterated their grounds for appeal in further detail. Assessor supporting rational for decision The appellant has identified as the driver of the vehicle on the day of the parking event. As such, I am considering the appellant’s liability for the PCN, as the driver. When entering onto a private car park such as this one, any motorist forms a contract with the operator by remaining on the land for a reasonable period. The signage in place sets out the terms and conditions of this contract. The operator has provided photographic evidence of the signage in place in the car park, which states: “Please pay for your stay – No need to display receipt in vehicle… Parking tariffs apply at all times… How to Pay using Machine. Follow these step by step instructions… Up to 2 hours £2.00… Up to 4 hours £4.00”. The motorist is also advised that failure to comply with the terms and conditions will result in a Parking Charge Notice (PCN) of £100. The operator has also provided Automatic Number Plate Recognition (ANPR) images of the vehicle, entering the car park at 20.02, and exiting at 22.27, totalling a stay of 2 hours 25 minutes. The operator has provided a log showing that the motorist’s vehicle registration number paid for a 2 hour duration on the date of the event. As such a PCN has been issued. I will now examine all the information provided to determine if it makes a material difference to the validity of the PCN. The appellant’s case is that they visited the site while attending Planet ice for a 2 hour booking. The appellant explains that they were only able to pay by cash as they did not have the mobile app but whilst skating their partner, who has heath conditions became dizzy, fell and sprained their ankle. The appellant says that after attending to this situation they then drove home and forgot to pay for their parking. The appellant explains they had a 2 hour booking at Planet Ice but their partner had an accident which resulted in them overstaying the period they had paid for. While I sympathise with the appellants circumstances I will advise, when looking at appeals, POPLA considers whether a parking contract was formed and, if so, whether the motorist kept to the conditions of the contract. Even if a motorist presents mitigating circumstances setting out exceptional reasons why they did not keep to the parking conditions, POPLA cannot allow an appeal if a contract was formed and the motorist did not keep to the parking conditions. POPLA is able to request that a parking operator cancels a parking charge if we consider that it has not given reasonable consideration to mitigating circumstances and the mitigating circumstances prevented the motorist from keeping to the parking conditions. However, the decision on whether or not to cancel the parking charge remains with the parking operator. On this occasion, we are of the view the mitigating circumstances did not prevent the motorist from keeping to the parking conditions, and they were able to pay for the additional time they spent on the site. When entering onto a privately managed land such as this one, any motorist forms a contract with the operator by remaining on the land for a reasonable period. The signage in place sets out the terms and conditions of this contract. Therefore, upon entry to the site, it is the duty of the motorist to ensure they review the terms and conditions, and comply with them, when deciding to park. The operator has provided images of the signage that states, “Up to 2 hours £2.00, Up to 4 hours £4.00”. The operator has also provided details from its ANPR camera system that shows the appellant vehicle entering and leaving the site for a total duration of, 2 hours 25 minutes. Because the appellant made a payment for a 2 hour duration a PCN has been issued as the payment they made was insufficient for the full duration they spent on site, as they were required to pay £4.00 for their full duration on the site. While I appreciate it may have been difficult for the appellant to pay for the additional time given the circumstances they have explained I note, it is still their responsibility to ensure they comply with the terms and conditions when parking on private land. The appellant says they are in financial difficulty due to COVID 19 and this was a genuine mistake. Whilst I empathise with the appellant’s financial situation, once POPLA has issued the decision, our involvement ends. The appellant may need to contact the operator for assistance regarding payment options. When looking at appeals, POPLA considers whether a parking contract was formed and, if so, whether the motorist kept to the terms and conditions of the contract. POPLA will use the evidence provided by appellant and operator to assess the appeal. POPLA cannot allow an appeal if a contract was formed, and the motorist parked but did not keep to the parking conditions. For the reasons outlined above, I conclude that the PCN has been issued correctly. Ultimately, it is the motorist’s responsibility to comply with the terms and conditions of the car park. Upon consideration of the evidence, the appellant did not pay for their full duration, and therefore did not comply with the terms and conditions. As such, I conclude that the PCN has been issued correctly. Accordingly, I must refuse this appeal." It's been a week since their decision and I am scared because I do not know what I should do. If you have a bit of spare time and experience with these situations, could you please help me out?
×
×
  • Create New...