Free Traffic Legal Advice

Success, just had this email, I did find it confusing but the last paragraph was all I needed and I read;

The operator has contacted us and told us that they have withdrawn your appeal.

If you have already paid your parking charge, this is the reason your appeal will have been withdrawn.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 As the operator has withdrawn your appeal, POPLA’s involvement has now ended and you do not need to take any further action.

Hi,

How does this sound?

I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement.

The following non-compliance on the part of the car park operator is noted:

Notice to Keeper (NTK) does not meet PoFA requirements. The NtK does not fully comply with ALL the requirements of PoFA 2012, so the keeper of the vehicle liable cannot be held liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. ECP has relied on contract law allegations of breach against the driver only. The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. The NtK can only hold the driver liable.

Inadequate Signage. Version 1.1 of the BPA code of practice point 3.1.1 requires an entrance sign to displayed at the entrance. The registered keeper notes a sign is visible on the right hand entrance for traffic exiting or entering from the right hand passage but not from the left hand passage. The registered keeper understands the signage would be blocked or obscured should a vehicle enter from the left while a vehicle is exiting from the right.

The signage used by ECP indicates a parking sign with blue P and it’s noted it states authorised staff and visitor vehicles only. The road itself is part of a number of passage ways around the city centre, the interpretation by the average driver would indicate the parking bays themselves are controlled not the act of entering and leaving the road. There is no signage or otherwise which indicates the road itself is controlled entry and the act of entering the lane enters the vehicle into a contract or otherwise. ECP relies on implied consent without making clear a vehicle station and not parked within the marked parking bays has entered a contract.
The registered keeper understands the vehicle in question simply entered and was stationary in the public
The entrance sign fails to comply with 3.1.2-B with no details of payments on the entrance. The act of a vehicle entering and not parking within any of the bays would fall foul to inadequate information.

The Notice to Keeper (NtK) shows no parking time, merely two images of a number plate corresponding with that of the vehicle in question. There is no connection demonstrated whatsoever with the car park in question.
The Notice to Keeper states:
“On 14/02/2025 the vehicle entered at
17:29:29 and departed at 19:45:30.”
These times do not equate to any single evidenced period of parking.
Since there is no evidence to actual parking times this would fail the requirements
of POFA 2012, paragraph 9(2)(a)
The signage at the entrance does not comply with BPA code of Practice Appendix B- if there are previous allowances made for this by the BPA please provide evidence. The act of entering the road does not constitute as a vehicle being parked. ECP assumes the vehicle was parked despite no evidence being presented to support the vehicle having entered.

Hi

The notice is dated the 23 July but i have been away and just retuned home.

It states the vehicle was not authorised to park however the vehicle was not parked, the vehicle entered a passage way seen here https://maps.app.goo.gl/eBUaa8J2bHqMj8e79 the signs on google has recently changed but it does not advise on entry of any requirements. He driver informed they simply went in and a truck ahead was blocking access and needed to wait to turn around. They turned around and had left. The PCN has them timed at 15 mins.

I was thinking to argue no notice of enforcement is too small to read and only on one side so if you drove in from left you miss the sign. Secondly ticket states not authored to park however the vehicle did not park it remained on the road. Any suggestions on what else I can do or say.

Thank you, As I say, I got out and realised I was over and therefore got back in to start moving.

How would I word the appeal for not attempting to evade, I am sure they can watch the body worn camera?

Hi

On Sunday there is no parking restrictions and therefore the single yellow lines don’t apply.

I across the road from the left side and parked outside this store https://maps.app.goo.gl/Shqe4akZ2GNFTUPv8 I was not sure if I was was over the white lines or yellow. I got out and walked to see the back and noted the civil officer already taking pictures of the back, I said okay mate? No reply so I got back in and tried to move my car, as I was on the operate of traffic I had to wait to be given way to cross to the other side of the road. The Individual took a photo of the front of my car and walked away.

Today I recieved the enclosed which says I was Stopped on a pedestrian crossing and/or crossing area marked by zigzags.

Technically I was on the end and only half over.

It then goes on to state
This Notice has been served by post because Civil Enforcement Officer (CEO) MC1856 who had reason to believe th the above parking contravention had occurred and
(b)had begun to prepare a penalty charge notice for service but the vehicle was driven away from the place in which i was stationary before the Civil Enforcement officer had finished preparing the penalty charge notice or was unable to serve it by affixing it to the vehicle or giving it to the person in charge of the vehicle.

I would appreciate assistance if it’s worth fighting it give them the £35. I feel the individual was simply standing waiting for cars to try to park as started to ticket as soon as he saw.

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