Show Posts - momo0909

Quote from: b789 on 29 Oct, 2024 09:46Corrected.Here is a link to a PDF version of there appeal ready for you to upload for your POPLA appeal:https://www.dropbox.com/scl/fi/r5t8m2nkuwwi2b5uwa8il/POPLA-appeal-compressed-2.pdf?rlkey=pnvxfjo4128v53j3kxwv8gqdr&st=hzyo03es&dl=0Quote from: DWMB2 on 29 Oct, 2024 09:50Don't forget to fill in the details at the top before you upload.I want to thank you both for your help. I am grateful you give up your time to help people. I submitted the amended appeal on time. Thank you for adding the extra bits in there and even making it a PDF. I received an email today:Dear xxxxx,The operator has contacted us and told us that they have withdrawn your appeal.If you have already paid your parking charge, this is the reason your appeal will have been withdrawn. Unfortunately, you cannot pay your parking charge and appeal, which means that POPLA’s involvement in your appeal has ended. You will not be able to request a refund of the amount paid in order to resubmit your appeal to us.If you have not paid your parking charge, the operator has reviewed your appeal and chosen to cancel the parking charge. As the operator has withdrawn your appeal, POPLA’s involvement has now ended and you do not need to take any further action.Kind regardsPOPLA TeamThis confused me somewhat. Withdrawn my appeal? Shouldn't it be withdrawn/cancelled their PCN. Anyway, as I understand it, they essentially cancelled the parking charge then.

Quote from: DWMB2 on 26 Oct, 2024 23:21If you can show us a draft of what you have so far we can offer feedback.Ive left it a bit late due to some unforeseen issues the last couple of days. Here is a draft:Dear POPLA Assessor,I am formally appealing the Parking Charge Notice issued by PPS at Bushey Medical Centre. This charge is unjustified, and I request its cancellation for the following reasons:1. Use of Disabled Bay with a Displayed Blue Badge
I parked in a designated disabled bay, displaying my father’s valid Blue Badge in accordance with all requirements. Due to limited space left by the adjacent vehicle, I positioned my car at a slight angle to facilitate my elderly father’s safe and accessible exit. This minor adjustment was necessary given the bay’s restrictive layout and adjacent parking constraints.2. Inadequate Signage Specifying Parking Requirements
The signage directly above and around the bay where I was parked does not explicitly state that vehicles must park strictly within the bay lines or that angled parking constitutes a violation. The only relevant signage pertains to parking on yellow lines or obstructing pathways, neither of which applied to my vehicle’s position. Based on the signage provided, no enforceable terms relate to the alleged contravention, making this charge baseless.
As indicated in the attached images, the only signage near my vehicle, accessible to a blue badge holder, mentions a charge for parking in a disabled bay without a visible blue badge. I, too, hold a blue badge due to my own mobility issues, and it is unreasonable to expect a disabled motorist to cross the car park to review other signs. The alleged contravention of "Parking in No Parking area" is unsupported by any definition of "No Parking areas" in the signage. Additionally, other signage mentions charges for parking on yellow lines or causing obstructions, neither of which were relevant in this case. I am being accused of neither. These signs are also only strictly positioned in locations around the car park where there are double yellow lines- there are no double yellow lines in or around the bays where I parked. 
A motorist cannot be held to non-existent contractual terms.3. Lack of Obstruction and Minimal Duration
My vehicle was parked responsibly to ensure accessibility without obstructing other bays or paths. I was inside the facility for under five minutes to accompany my father and did not cause any obstruction to other vehicles or access routes.In summary, my actions were compliant with the visible conditions at the site, ensuring both safety and accessibility. Given these facts, I request this charge be canceled as it fails to meet POPLA’s requirements for contractual clarity and enforceability.Thank you for your consideration.Sincerely,

Any further advice or guidance on what I should make sure I include or say in the appeal im going to submit? Dont want to miss out anything that may be key.

Quote from: b789 on 14 Oct, 2024 15:36Thank you for the photos and the timeline. You now have until Tuesday 29th October to submit an appeal to POPLA. We will put something together for you in plenty of time.Should I use the pictures taken and the direction kindly provided by DWMB2 to go to the POPLA website to submit something? Still have until Tuesday. 

Quote from: DWMB2 on 17 Oct, 2024 22:18So, the signage near where the driver parked (which, as a blue badge holder, is likely to be the only signage they would have been able to read, as a disabled motorist cannot be expected to walk across the car park to read any other signs) states that parking in a disabled spot without displaying a disabled badge attracts a charge of £100. The alleged contravention is "Parking in No Parking area" - nothing on any of the signage defines any "No parking areas", nor states that parking in a "no parking area" attracts a £100 charge.Even the other signage elsewhere in the car park only states that parking on yellow lines, or rather vaguely "causing an obstruction of any kind" will lead to a charge. But they're not accusing the driver of either of those things either.A motorist cannot be bound by contract terms that do not exist!Thank you for this reply. I agree and appreciate someone with more knowledge on this concurring with my thoughts also.Is my next step to go to  http://www.popla.co.uk  and submit my appeal?

As you enter the site there is a sign there. It's the one where they tell you not to obstruct or park on yellow lines.From what I can see, they only put the 'do not obstruct + do not park on yellow lines' signs right next to where the double yellow lines are. No where else. So I would assume by placing these signs only where there are yellow lines, they are advising not to obstruct in those areas/park on double yellows and in a sense have cornered themselves as our car was not parked on any yellow lines or causing an obstruction in any of those locations- based on their signage

Update with further images:This is bay the car was parked in. Where the blue badge bays are, they only have the blue badge signs up.

I will be there tomorrow myself so will take pictures of all the signage. Will update.

This is the sign on the site. They mention yellow lines but the hatching is made up of white lines? The second part about no obstructions- I think they could argue there is a little obstruction of that gap but it's quite clear you can pass through there. Thank you agin for the help!

Quote from: b789 on 14 Oct, 2024 15:36Thank you for the photos and the timeline. You now have until Tuesday 29th October to submit an appeal to POPLA. We will put something together for you in plenty of time.Thank you kindly and the help is more than appreciated.Quote from: mickR on 14 Oct, 2024 19:19their own response admits their signage doest contain a term requiring drivers to park within a marked bayThis was the very first thing I thought whilst reading their response. Had to read is a couple of times as it was as you say an admission of not being an explicit term/condition.Quote from: DWMB2 on 14 Oct, 2024 23:13If it is relatively convenient for you to acquire them, photos of the signs would be very useful. If, as mickR notes, the alleged contravention is not on the signage, this is an important point to emphasise - the £100 charge is for failing to comply with the terms and conditions offered in the contract, if the term you are alleged to have breached is not in the contract, this is a key point. They seem to be seeking to argue that this is an implied term, but I can't think of a good reason not to include it in the signage, as most parking companies manage to do.An unrelated point whilst I remember: has the medical practice been approached yet, to see if they will get the charge cancelled? This is always worth a go.Ive requested them today from a family member who is closer. Will post up as soon as I receive them. Great advice and yes we did approach the medical practice but they said they would not help or intervene.

Have uploaded all the images now. I dont have pictures of the signage on site as this was out of town, not local to us and we have been away on a break until 2 days ago so I haven't had a chance to go back there and take some pictures. If this is essential and needed asap, I will find someone who is local to get me some pictures.

Quote from: DWMB2 on 14 Oct, 2024 00:26To help us help you, please read the following thread carefully, and provide as much of the information it asks for as you are able to: READ THIS FIRST - Private Parking Charges Forum guideThe guide includes advice on using a third party site to add images.Apologies, I should have read this.

I keep getting upload folder is full so can't upload any attachments. Any way to fix this?The size of the files is below the limit.

Hi allHoping to get some help.Wife took her elderly father to GPs. He holds a blue badge so she parked in a disabled bay. She parked the car at an angle so there was enough room for her to help him get out of the car. This was because a) these disabled bays are quite small and tight, b) the car to the right seemed to be quite close to/positioned more to edge of the bay next to wife's car so if she parked straight, there was no easy way for her elderly father to get out. looking at the pictures again, I just think the bays are tight. She displayed the badge correctly. They were in a rush for his appointment/running late and they were inside for less than 5 minutes.She should have lost another 30 seconds and moved the car and straightened it out once she helped him out of the car.I will attach the original PCN, images, my response which was submitted via their appeals form and their response. I should have posted on here or asked for advice before sending my first appeal.Moving forward, do we have any grounds to appeal further?Thanks for the help