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Messages - sooty12113

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2
Do I take the lack of a reply to mean no technical defence has been identified ? thanks

3
Any suggestions on a response ? it was headed as a "letter before claim" it isn't yet an actual claim 

5
I've now received a "letter before claim" from Moorside Legal, I assume I still wait until this changes into a claim ? 

6
Thanks for the prompt reply

Below is a link to the reverse of the PCN.

https://www.dropbox.com/scl/fi/m7z72xqu57f4629fviqbh/Blyth-PCN-Reverse.jpg?rlkey=kpuhfnnime61zbgvyz2kcmnb4&st=rddj5x95&dl=0

Yes I am the registered keeper with current DVLA details

8
On Easter Monday I attended a football match in Blyth, it was just before kick off so I parked on a grass verge on Sandringham Drive as dozen's of others had done the same. I wasn't local and assumed this was the norm on a matchday. After the game all of us that had parked inside double yellow lines had been ticketed. I saw no signs and didn't realise, if it is, that parking inside of a double yellow line and thus causing no obstruction was an offence.

The wording on the PCN states "parked in a restricted street during prescribed hours" I didn't see any signs.

Below are links to a photograph of the PCN and my parked vehicle.

https://www.dropbox.com/scl/fi/n8wkjtlgq1kuwwlvxq29r/Blyth-PCN.jpg?rlkey=lz4wtuk15wzoqaozcdwly22qm&st=36p8hy0f&dl=0

https://www.dropbox.com/scl/fi/4wr19nhdsg079o67o8xp2/Blyth-Car-Parked.jpg?rlkey=a2hwii5hiauyrmm725ueqdcwf&st=uficiri3&dl=0

and here is a google map link to the location of where i parked


I assume I am bang to rights but any advice appreciated.

 

9
Many thanks, I'll follow the advice.

10
I've now received the POPLA adjudication as advised they have rejected my appeal even though they acknowledge I paid for the parking, this is the response, advice on next steps appreciated

Decision
Unsuccessful
Assessor Name

Assessor summary of operator case
The parking operator says the appellant parked without buying a valid ticket or permit.

Assessor summary of your case
The appellant appeals on the following grounds: • Their credit card statement shows they paid for an hour’s parking. • The parking operator claimed there was no payment against their registration whilst also quoting the time of their transaction and the first part of their registration. • There’s no evidence they didn’t display their ticket. The appellant has provided the following evidence: • A copy of a credit card statement showing their payment. Having seen the parking operator’s response to their appeal, the appellant expands on their original appeal grounds.

Assessor supporting rational for decision
The parking operator has provided photos of signs on the car park which make clear users must pay for parking against their full registrations. Signs also make clear £75 charges will be issued for breaking the parking terms. The parking operator has also provided photos showing the appellant’s vehicle was on the car park for just over an hour on the date in question. The payment list from the relevant period has also been provided, and there’s no payment logged against the appellant’s vehicle’s full registration, XXXXXXX. A payment does appear against part of the vehicle’s registration, “XXXX”, so the operator’s case is that the appellant broke the terms by parking without valid payment.

The appellant appeals on the basis their credit card statement shows they paid for an hour’s parking. They’ve provided a copy of the statement. They say the parking operator claimed there was no payment against their registration whilst also quoting the time of their transaction and the first part of their registration. I accept the appellant made a payment, but it’s clear from the evidence referenced above that the payment was invalid because it wasn’t made against the appellant’s vehicle’s full registration. I accept the appellant didn’t deliberately make invalid payment, but the payment list shows that almost all payments made during the relevant period were made against full registrations, with the appellant’s payment seemingly one of only a few exceptions, so I’m satisfied the machine was working correctly.

The parking operator is a member of the British Parking Association’s (BPA) Approved Operator Scheme (AOS) and must follow the associated Code of Practice. Annex F of the Code says that when users break parking terms in specific mitigating circumstances then parking operators should offer at the first appeal stage to reduce charges to no more than £20 for 14 days. One of the circumstances warranting reductions is when users pay for parking against incorrect registrations, like in this case, and I can see the operator offered to reduce this charge. The appellant advises there’s no evidence they didn’t display their ticket. It’s clear the charge was issued because the appellant made invalid payment against an incomplete registration rather than because they failed to display a ticket. The evidence shows that the car park’s terms were made clear, and that the appellant broke them by parking without valid payment. I’m satisfied the charge was issued correctly and I’m refusing this appeal.

11
Great, thanks for the super speedy response

12
I had the following response from the Adjudicator, further advice appreciated.


"The Appellant should understand that the Adjudicator is not in a position to give legal advice to either of the parties but they are entitled to seek their own independent legal advice. The Adjudicator's role is to consider whether or not the parking charge has a basis in law and was properly issued in the circumstances of each individual case. In all Appeals the Adjudicator is bound by the relevant law applicable at the time and is only able to consider legal challenges and not factual mistakes nor extenuating or mitigating circumstances. Throughout this appeal the Operator has had the opportunity consider all points raised and could have conceded the appeal at any stage. The Adjudicator who deals with this Appeal is legally qualified and each case is dealt with according to their understanding of the law as it applies and the legal principles involved. A decision by an Adjudicator is not legally binding on an Appellant who is entitled to seek their own legal advice if they so wish.
The signage in the roadway where the Appellant parked is prominent, clear and unequivocal; controlled land - no parking.
The Appellant's vehicle is recorded as entering the site at 11.16, the vehicle turning around and parking at 11.17, the driver leaving the vehicle, later returning at 13.53 and driving off.
Having considered all the issues raised and the evidence submitted, I am satisfied that the Appellant should have seen the prominent signage, should have realised that parking here was not allowed, and the operator has established that the Parking Charge was properly issued in accordance with the law.
This appeal therefore has to be dismissed. "

13
Yes I expect so, there must be something amiss for 12 drivers in one morning not inputting their full registration number though 

14
Thanks btw, I'll follow the advice on here going to forward

15
Yes I suppose I may have messed up by admitting I was the driver but this was because I knew I had proof of payment with my credit card bill, thinking that would be the end of it

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