Free Traffic Legal Advice

Hi all
A woman lives on a private road with parking restrictions. There was an event on and she'd been informed that restrictions were being lifted for the event so informed the driver of my car they could park on the road outside her house.
Problem is, she thought the Saturday was part of the event too which it wasn't. The car was photographed at a time where the signs on the road state parking isn't allowed (based on the photos provided by the company). On hindsight turns out the lifting of restrictions was informal and she'd just received a text from the man who coordinates the parking on behalf of the residents.

I am wondering if there are any grounds to appeal on a technicality. For instance, the car was photographed by a warden but not issued with a ticket at the time. Instead I received a parking charge notice to my house issued 3 days later saying they'd got my details through the DVLA for pursuing an "outstanding" notice, which at the time of request this was not.

Would be grateful for any help. I have linked the sign, the notice, and the picture from the parking charge showing a nearby sign (mine is the car visible)

https://imgur.com/a/GuD2VVK

I tried that before I came here. He's a resident who has authority on behalf the residents. He replied saying it's the driver's fault and "there's nothing I can do here".
(Which I presume is that he can't be bothered/doesn't what to)

What about asking the management company/landowner to get it cancelled?

They acknowledge there was a lifting for the event, but refused to get involved as above!

For the time being, appeal to PPS as the Keeper (not the driver) with the following, verbatim:

Quote

I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle 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. PPS 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. Your NtK can only hold the driver liable. PPS have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

It will be rejected but they will issue a POPLA code where there is more chance of a successful appeal. Even if POPLA appeal fails, there is no obligation to pay the speculative invoice. It may go as far asa court claim which is easily defended if it ever went that far. That is a bridge to cross if we ever come to it, suffice it to say that we have a 99% success rate.

Thank you so so much
No benefit to including anything about not issuing a physical ticket or the application to DVLA for unpaid fines when at that point nothing was overdue?
E

Quote from: eyalmms on October 14, 2024, 02:47:16 pm

No benefit to including anything about not issuing a physical ticket or the application to DVLA for unpaid fines when at that point nothing was overdue?

No, neither of those things are reasons the charge is not owed. Parking companies are not required to issue a physical ticket on the car windscreen. PPS' position is that the signage states that breaching the terms of parking mean that the driver agrees to pay £100 - at the time they contacted DVLA that £100 had not been paid and therefore that balance is outstanding, so there's not much mileage in that argument.

A couple of points for when we get to POPLA:

• That signage is rubbish! If you're able to get some more photos of its layout and contents that could be handy - also photos of the signage at the entrance to the private road
• As this is a private road case, it's always worth checking with the relevant local council that it is indeed a private road, and not an adopted highway

Harrow document from 2023 calling it an "unadopted highway"...

Can you show us that document or a link to it please?

With pleasure! https://www.harrow.gov.uk/downloads/file/30121/Highway_Adoption_Register_v3i.pdf

If it is an unadopted highway, that only means that it is privately maintained, but it may or may not be subject to statutory control. Check for any Traffic Regulation Orders (TRO) or other regulations governing the road, as these would indicate statutory control. If such controls exist, the road would not qualify as "relevant land" under PoFA. If no such controls are in place, the road should be considered private land under PoFA, and keeper liability could apply.

Can't find anything on Google and the cost to search on the harrow website is similar to paying the reduced amount on the ticket. Does the seeming lack of controls improve or diminish my chances of appealing? Do I need to amend the verbatim blurb you posted originally?
Cheers
Eyal

Whereabouts are you looking where they are demanding a fee? That seems like the sort of information that wound ordinarily be available for free, either already published, or via an FOI request.