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Messages - Jackisback123

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Private parking tickets / Re: Why the recent High Court appellate case of Mazur is very relevant to all cases we deal with here
« on: February 25, 2026, 07:58:20 pm »
It's worth noting that this is being appealed this week!

https://www.lawgazette.co.uk/news/mazur-day-two-law-society-to-urge-court-to-reject-cilex-appeal/5126006.article

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Private parking tickets / Re: UKCPS - NtK Observed leaving site -Bentley Bridge Retail Park, Wolverhampton
« on: February 07, 2026, 05:13:33 pm »
Quote from: parkinghelpplease on February 07, 2026, 05:09:12 pm
i've added a photo of the signage posted by UKCPS to original post, however it's not clear what it says from their image.

The photo of the signage doesn't work, please can you try again?

However you uploaded the letters worked, so maybe do the same?

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Private parking tickets / Re: UKCPS - NtK Observed leaving site -Bentley Bridge Retail Park, Wolverhampton
« on: February 07, 2026, 04:49:12 pm »
IMO the Notice does not comply with Paragraph 9(2)(e) of Schedule 4 of POFA because it does not "state that the creditor does not know both the name of the driver and a current address for service for the driver".

(Note this is different to the warning required under Paragraph 9(2)(f) which it does comply with.

Can you provide a picture of the signage please?

4
Private parking tickets / Re: POPLA appeal for ParkingEye PCN, Asda Bexleyheath
« on: January 14, 2026, 08:42:50 pm »
I can't see that you've uploaded any of their documentation, but on the face of what you say they say, I think that is a good appeal and the POPLA assessor should decide it in your favour.

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Private parking tickets / Re: DCB Legal – Unpaid Parking Charge 5 Years Old
« on: January 14, 2026, 11:26:54 am »
Quote from: Dominic on January 13, 2026, 02:28:09 pm
Hi,

The location is here:
https://maps.app.goo.gl/asjjgtim89NkTjUBA

The trouble is it used to be a Homebase carpark which has since been demolished. The car park has not been in use for years.

How would you recommend submitting the full defence? Is it via the portal or to the Court? I also do not know if it should be on a particular form (such as a N9B that I Googled)?

Thanks.

I don't know if it helps at all but you can see historic streetview imagery:

https://maps.app.goo.gl/LYtbJeHKrnDMJFbn8

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Private parking tickets / Re: APCOA Parking - no permit - Bracknell Station car park - railway byelaws
« on: January 14, 2026, 08:10:49 am »
Quote from: InterCity125 on January 14, 2026, 07:46:19 am
I would start the appeal by questioning whether POPLA are suitable to deal with a Penalty Charge Notice - POPLA normally deal with Parking Charge Notices issued on private land which is entirely different.

The DfT thinks that an independent appeal ought to be offered for byelaw breaches.

And POPLA agree:
Quote
POPLA does have remit to consider penalty charge notices issued for alleged breaches of parking conditions under bylaws. You must appeal to the parking operator first and they will refer you to POPLA and provide a verification code to you if you're eligible to apply. Please check the response to your appeal sent by the operator for more details.

So IMO that's a non-starter.

This thread on MSE (not sure whether or not I'm allowed to link, so apologies if not) includes a letter setting out what POPLA's stance on PNs is - or at least was back in '18.

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Private parking tickets / Re: APCOA Parking - no permit - Bracknell Station car park - railway byelaws
« on: January 13, 2026, 09:06:46 pm »
Something that might be helpful when appealing to POPLA:

It appears the operator at Bracknell is SW. https://www.southwesternrailway.com/travelling-with-us/at-the-station/bracknell

There is a FOIA request requesting details of the relationship between SW and APCOA. The response here is here: https://www.whatdotheyknow.com/request/contract_with_apcoa_parking#incoming-3211619

Lot 2 of the ZIP file is the parking enforcement contract. Schedule 2, paragraph 5 states:

5. The Supplier must issue all Penalty Notices are issued and (where required) posted
within 7 days of the contravention, excluding Sundays and Bank Holidays.

Contravention 30/11/25 Penalty notice issued 10/12/2025. I make that issued 9 days, not within 7 days. I would make the point that this PN has not been issued in accordance with the contract.

BUT

Perhaps it is better to start by including in your appeal to POPLA that you are putting APCOA to proof that they either own, or are authorised by contract to operate on the land and to issue PNs on the landowner's behalf.

If they don't, POPLA should find in your favour. If they do provide it, you can then make the point (assuming it's the same as above) that it wasn't issued within the terms of the contract and therefore they don't have the authority to issue it.

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Private parking tickets / Re: APCOA Parking - no permit - Bracknell Station car park - railway byelaws
« on: January 13, 2026, 08:48:48 pm »

Quote
I should be grateful for comments on the following:

Given that my wife has named me as the driver, are APCOA not obliged to discharge her from liability and re-issue a ticket to me?  So far, they have just ignored this point and continue to pursue her.


As I understand it, the power to levy a PN is under Byelaw 14(1)(i) of the (pre-boxing-day changed) byelaws, which states:

Quote
The owner of any motor vehicle, bicycle or other conveyance used, left or placed in breach of Byelaw 14(1) to 14(3) may be liable to pay a penalty as displayed in that area

The byelaws don't allow the driver to be liable so IMO it is right that they are not transferring liability.

Quote
Have I got good grounds for an appeal?  I know that I cannot provide any evidence, as we paid in cash and have since discarded the ticket, but how is a photo of our car in the dark leaving the car park, and a close-up of the registration number, evidence that we did not pay?

If this were to go anywhere, then it would be as a Criminal prosecution in the Magistrates' Court. This would mean the burden would be on APCOA to prove beyond reasonable doubt that the vehicle had been used on any part of the railway in contravention of any traffic sign (in breach of byelaw 14(1)).


Quote
Is the onus on APCOA to prove I did not pay, rather than on me to prove that I did?  I understand that APCOA will need to provide an evidence pack to POPLA, surely the picture they have sent of our car leaving the car park is not sufficient?

When the ticket was purchased, did you have to key in the VRM of the vehicle? If so, they will be able to potentially evidence a printout that the reg wasn't paid for at the time. If not, I am not sure how they can track who has and has not paid using ANPR and paper tickets...

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Private parking tickets / Re: APCOA Parking - no permit - Bracknell Station car park - railway byelaws
« on: January 13, 2026, 07:41:33 pm »
Quote from: InterCity125 on January 13, 2026, 05:57:17 pm
Interesting that the Penalty Notice states that APCOA may pursue you through the Magistrates Court - I think that is a blatant lie.

I've been pondering this, but I don't think it is a lie (edit: at least so far as the byelaw breach itself is concerned).

Breach of a railway byelaw is an offence under byelaw 24.

Section 6(1) of the Prosecution of Offences Act 1985 preserves the right of any person to bring a private prosecution.

That right applies unless it is explicitly disallowed, and I can't find anything saying breaches of byelaws are restricted to (for example) TOCs. So I think technically they could?

Edit: rereading the PN, it says that they would be entitled to pursue "you through the Magistrates court... for payment of the penalty notice". The only arguable way that this could be true is by concluding that failing to comply with 14(4) is itself a breach of a byelaw:

Quote
The owner of any motor vehicle, bicycle or other conveyance used, left or placed in breach of Byelaw 14(1) to 14(3) may be
liable to pay a penalty as displayed in that area.

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The Flame Pit / Solicitor's Agents and Right of Audience
« on: January 09, 2026, 05:21:56 pm »
I've just come across this case and thought it might be of interest here!

https://www.bailii.org//ew/cases/Misc/2026/1.html

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