Thanks b789 - what you have quoted in your last post is what was sent to POPLA in my initial appeal. So my last post is what my response back to the evidence that PPS have submitted to my appeal to POPLA which I have 7 days (from June 11th) to respond to. So forgive me for my confusion but do I send this again to POPLA as my response to what PPS have written which was....
"Dear Assessor,
According to the documents provided by the landowner and uploaded for review, the land in question is private land.
The contract that we are seeking payment on has arisen from a breach of the notified terms and conditions of parking stated on the signs that the landowner has requested us to erect and permitted to remain erected at this location. The evidence demonstrates that the signage is clearly located to make motorists aware of the terms and conditions, and the potential consequences of non-adherence to the terms have been made fully available. A prominent entrance sign, facing the oncoming traffic, makes clear that parking on red routes is not allowed (NO PARKING ON RED ROUTE) and refers users to further signs within the site. The signage states “Red Route. No parking at any time. This private land is controlled by Wardens. If you fail to comply with any of the terms and conditions stated below you agree to pay a £100 Parking Charge Notice. No parking/waiting/loading/unloading on red routes or pedestrian footpaths. By parking on this private land you agree to comply with these terms and conditions (the parking contract) and accept liability to pay the fee for unauthorised parking." Additionally, there are double red lines on the road, indicating that stopping, parking, loading/unloading or boarding and alighting from a vehicle is prohibited. While red routes are commonly associated with public roads managed by Transport for London (TfL), the rules regarding parking restrictions on red routes also apply when such markings and signage are present on private land. In the present case, an exception is provided for taxis, which are known for their ability to be hailed on the street without pre-booking. These taxis are licensed by local councils or relevant authorities and must adhere to specific standards. London's traditional black cabs, although now available in other colours, are a prime example of this type of taxi.
Private Hire Vehicles (PHVs), sometimes called "minicabs," must be booked in advance and cannot use taxi ranks. According to Transport for London (TfL) regulations, PHVs are not permitted to stop or park on taxi ranks at any time, even to pick up or drop off passengers. While taxis may be granted certain exemptions on private land or public roads, any exceptions for taxis do not extend to PHVs. PHV drivers need to be aware of these distinctions to ensure compliance with parking restrictions and avoid parking charges.
In the present case, the driver parked on a taxi rank marked with double red lines, meaning that any other vehicle except a taxi is not permitted to park, wait or load/unload in the area; the driver cannot benefit from the 5-minute consideration, as it does not apply in strictly no-parking areas. By choosing to ignore the terms and remain on red route, the driver contravened the parking contract and became liable for a parking charge.
It is important to note that the operator does not have to issue a notice directly to the driver of the vehicle, as it can hold the keeper of the vehicle liable for the charge. The evidence shows that the keeper was invited to identify the driver, but does not indicate that they provided us with the relevant information to transfer liability to the driver. By failing to provide the driver's details, the appellant has assumed liability for this PCN."
or something along the lines of my previous post which was....
To the Assessor,
In rebut to the comments made by Private Parking Solutions (London) Ltd, I would like to bring to your attention several points.
I have seen that the contract that Private Parking Solutions (London) Ltd are relying on clearly states:
“Leaseholders: Please provide a document or contract where states your authority over the site to be managed by us”
As they have signed as the 'leaseholder', you must put Private Parking Solutions (London) Ltd to strict poof that their client can show the document that gives them authority to authorise Private Parking Solutions (London) Ltd to operate at the location. The copy of the agreement on its own does not evidence authority flowing from the landowner to the leaseholder to sign contracts in its own name.
Private Parking Solutions (London) Ltd are relying on a contravention having occurred by the driver parking in a Taxi Rank marked with double red lines.
“In the present case, the driver parked on a taxi rank marked with double red lines”
You must put Private Parking Solutions (London) Ltd to strict proof of this evidence. The evidence supplied by Private Parking Solutions (London) Ltd shows the Private Hire Vehicle in a ‘Taxi drop off point only’ marked bay with double red lines. A Taxi Rank is adjacent to where the driver set down see google map link
https://www.google.com/maps/place/Excel+London/@51.5086088,0.0251321,3a,75y,92.82h,57.36t/data=!3m7!1e1!3m5!1sqmUE7TGjEvvq4Zt2eSONNw!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D32.63670126946809%26panoid%3DqmUE7TGjEvvq4Zt2eSONNw%26yaw%3D92.8199944194477!7i16384!8i8192!4m6!3m5!1s0x47d8a80ce609e50d:0xa0de5f705d7aec7!8m2!3d51.5084601!4d0.029846!16zL20vMDR4ZG0w?entry=ttu&g_ep=EgoyMDI1MDYwOS4xIKXMDSoASAFQAw%3D%3D Private Parking Solutions (London) Ltd are relying on a contravention having occurred by a Private Hire Vehicle stopping on a red route.
“Additionally, there are double red lines on the road, indicating that stopping, parking, loading/unloading or boarding and alighting from a vehicle is prohibited. While red routes are commonly associated with public roads managed by Transport for London (TfL), the rules regarding parking restrictions on red routes also apply when such markings and signage are present on private land.” “In the present case, an exception is provided for taxis”
You must put Private Parking Solutions (London) Ltd to clarify this statement. It is not only London Black Taxi’s which are exempt from Transport for London parking restrictions. From December 17, 2007 Private Hire Vehicles in London were granted an exemption for red routes. To quote Section 6 of Transport for Londons Private Hire Vehicle Drivers Handbook V1 – Parking and Driving in London:
Stopping and waiting - Private hire drivers can stop to pick up or drop off passengers in many areas where there are rules in place to limit waiting or stopping. You need to remember that: • PHV drivers should not stop in any place where they might stop other vehicles moving or be a danger to other road users. • PHV drivers must not stop on zig-zaglines (for example, by pedestrian crossings, outside schools) You should check what signage is displayed about stopping or waiting and make sure you understand and follow the instructions: • You can pick up or drop off passengers: - On single and double red lines - On single and double yellow lines - In places where loading is not allowed (shown by markings on the kerb) - In most parking bays - In most bus lanes, although you should avoid this if possible as it might delay or obstruct buses.
Private Parking Solutions (London) Ltd are relying on the driver being parked in the Taxi Rank (contradictory evidence see point 1) as verification to waiver the 5 minute observation period.
“the driver cannot benefit from the 5-minute consideration, as it does not apply in strictly no-parking areas.”
You must put to Private Parking Solutions (London) Ltd to differentiate the regulations between a bay marked ‘Taxi Rank’ and a bay marked ‘Taxi Drop off Point Only’ and clarify the minimum 5 minute consideration period observation between the two. I have only read their definition of the regulations regarding a ‘Taxi Rank’ which are immaterial to this case – as the driver did not park in a Taxi Rank.
In conclusion, the driver did not “choose to ignore the terms and remain on red route” they were not governed by the terms of the red route through dispensation from Transport for London. The driver did not park in a Taxi Rank, rather they set down a pre booked fare in the appropriate ‘Taxi drop off point only’ bay and were not given the minimum 5-minute observation grace period. Private Parking Solutions (London) Ltd have not definitively proven that PoFA applies and I urge you to cancel the Parking Charge Notice.
Please ease my confusion....thanks very much.
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