Good afternoon,
Yet again - I'm grateful for the advice you all give and I'm kindly asking for more.
Following on from submitting the appeal to POPLA, this is the response I have had from them today....Your parking charge appeal against Private Parking Solution (London) - EW.
Private Parking Solution (London) - EW has now uploaded its evidence to your appeal. This will be available for you to view by clicking xxxx
Please note: some evidence may not show immediately, if it is not currently available on your account please check back later before contacting us.
You have seven days from the date of this correspondence to provide comments on the evidence uploaded by Private Parking Solution (London) - EW.
Please note that these comments must relate to the grounds of appeal you submitted when first lodging your appeal with POPLA, we do not accept new grounds of appeal or evidence at this stage
Any comments received after the period of seven days has ended will not be considered and we will progress your appeal for assessment. Therefore, if you have any issues with the evidence uploaded by Private Parking Solution (London) - EW such as being unable to view it online, please contact POPLA immediately via phone - 0330 1596 126, or email - info@popla.co.uk, so that we can look to rectify this as soon as possible.
After this period has ended, we will aim to issue our decision as quickly as possible. The decision we reach is final and binding. When the decision is reached there is no further option for appeal.
Yours sincerely
POPLA Team
The statement in response to my appeal that PPS has sent to POPLA is this...."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."
The new photo evidence that PPS has sent to POPLA is attached in the 'imgur' link below - they also attached the same photo's as before of the vehicle parked in the 'taxi drop off point only' which I have not included as they were linked in a previous post.<blockquote class="imgur-embed-pub" lang="en" data-id="a/J8m0koY" data-context="false" ><a href="//imgur.com/a/J8m0koY"></a></blockquote><script async src="//s.imgur.com/min/embed
I have also attached a pdf that they sent of their contract they have as a private parking firm in control of that land.
I hope you are able to view what I have attached and linked to?
Can you please kindly advise as to what I should do now as previously mentioned - this is completely out of my remit! [ Guests cannot view attachments ]
