Parking Charge Notice ...you'll like this one ;)
Discussion
to cut a very long (& boring) story short ...received a PCN last month for paying & displaying, but accordingly not in the right window (it was placed clearly visible in the side window) which is funny, because they stuck the PCN on the side window too (& yes, i took pics at the time as thought it was unbelievable)
anyways, obviously appealed ...& today got the decision- rejected with the line "We are unsure why you decided to display the ticket within the window"
started an appeal today with POPLA ...lets see what happens
anyways, obviously appealed ...& today got the decision- rejected with the line "We are unsure why you decided to display the ticket within the window"
started an appeal today with POPLA ...lets see what happens
Was the instruction to "display it clearly", or specifically something like "display it clearly on windscreen"?
If you've put it on a side or rear window, then you've not followed the instructions. It's stupid, but the appeal isn't really an independent body, so I wouldn't be surprised if they reject your appeal.
Just like having the VRN plate clearly displayed on a vehicle says it has to be in a specific location - it doesn't mean it can be on clearly visible but on the dashboard.
If you've put it on a side or rear window, then you've not followed the instructions. It's stupid, but the appeal isn't really an independent body, so I wouldn't be surprised if they reject your appeal.
Just like having the VRN plate clearly displayed on a vehicle says it has to be in a specific location - it doesn't mean it can be on clearly visible but on the dashboard.
Trax said:
That is funny. They were never going to accept the appeal, as generally people just pay up. Strange people on here love to defend them though....
you do have to wonder what on earth grounds they do accept, if the above isn't good enough ...i'm not expecting much from POPLA either tbhmmm-five said:
Was the instruction to "display it clearly", or specifically something like "display it clearly on windscreen"?
If you've put it on a side or rear window, then you've not followed the instructions. It's stupid, but the appeal isn't really an independent body, so I wouldn't be surprised if they reject your appeal.
Just like having the VRN plate clearly displayed on a vehicle says it has to be in a specific location - it doesn't mean it can be on clearly visible but on the dashboard.
Premier Parking state 'windscreen' (i should've taken a pic of their signage- but unfortunately didn't (too busy being gobsmacked))If you've put it on a side or rear window, then you've not followed the instructions. It's stupid, but the appeal isn't really an independent body, so I wouldn't be surprised if they reject your appeal.
Just like having the VRN plate clearly displayed on a vehicle says it has to be in a specific location - it doesn't mean it can be on clearly visible but on the dashboard.
their PCN states 'no ticket on display'
& the POPLA appeal, you don't even get an option for 'where' you've displayed, just whether you displayed or not
as you say, not expecting any joy from POPLA (but it's the hoops you have to jump through) - so probably onto ombudsman & beyond
Edited by angrymoby on Friday 21st August 12:36
angrymoby said:
you do have to wonder what on earth grounds they do accept, if the above isn't good enough ...i'm not expecting much from POPLA either tbh
The appeal to POPLA needs to have far more than just stating they are taking the P.... You will only get them to overturn by using the other stuff like signage, no contract, not being the driver etc.....Your really need to get it overturned at POPLA, as whilst a court would laugh them off, do you really want the hassle of all that?
angrymoby said:
Premier Parking state 'windscreen'
their PCN states 'no ticket on display'
& the POPLA appeal, you don't even get an option for 'where' you've displayed, just whether you displayed or not
as you say, not expecting any joy from POPLA (but it's the hoops you have to jump through) - so probably onto ombudsman & beyond
We all know private parking companies are cowboys, and have different rules depending on whether there's a letter E in the month, or if you're driving a blue car.their PCN states 'no ticket on display'
& the POPLA appeal, you don't even get an option for 'where' you've displayed, just whether you displayed or not
as you say, not expecting any joy from POPLA (but it's the hoops you have to jump through) - so probably onto ombudsman & beyond
But surely, as we all know that, we make sure we're complying with the instructions exactly when we park...specifically so we don't get into this sort of "yes, but no, but yes" argument?
Your argument will be that it was 'on display'...just not where they said it had to be.
Their's will be that it was "not displayed in accordance with the instructions" - which you can't really argue with.
angrymoby said:
to cut a very long (& boring) story short ...received a PCN last month for paying & displaying, but accordingly not in the right window (it was placed clearly visible in the side window) which is funny, because they stuck the PCN on the side window too (& yes, i took pics at the time as thought it was unbelievable)
anyways, obviously appealed ...& today got the decision- rejected with the line "We are unsure why you decided to display the ticket within the window"
started an appeal today with POPLA ...lets see what happens
They can put whatever BS onerous terms on their signage doesn't mean its lawful reasonable or in the spirit of BPA guidelines.anyways, obviously appealed ...& today got the decision- rejected with the line "We are unsure why you decided to display the ticket within the window"
started an appeal today with POPLA ...lets see what happens
I am not sure of the value of a POPLA appeal these days to be honest, there is an argument not to bother as their not impartial and their rejection could be used to strengthen the PPC case at court should they wish to go!
If you have appealed, i would have then contacted the landowner as clearly they are barking mad and you have not have made a reasonable attempt to deal with the allegations, since you have paid they can jog on!
we went to a panto last year and the weather was misty and forecast was very cold. Not wanting to scrape a windscreen and then fog up, both my B-I-L and I put a ticket on the parcel shelf in full view....we even parked with the rear under a light and then put a blanket over the w'screen. Still got a ticket of course.
(But a quick email contesting the ticket with pics and it was binned)
(But a quick email contesting the ticket with pics and it was binned)
mikal83 said:
we went to a panto last year and the weather was misty and forecast was very cold. Not wanting to scrape a windscreen and then fog up, both my B-I-L and I put a ticket on the parcel shelf in full view....we even parked with the rear under a light and then put a blanket over the w'screen. Still got a ticket of course.
(But a quick email contesting the ticket with pics and it was binned)
seems i'm not alone then (as google doesn't throw up many incidents of using the 'wrong' window) ...presumably this was council issued (hence the fast roll over)?(But a quick email contesting the ticket with pics and it was binned)
as its private, they go to court to claim back losses in essence. So what loss have they incurred? They have seen the ticket as thats why they put the notice on that window.
Plus you HAD paid.
So I struggle to see what losses they are claiming for as not being council, what authority do they have to issue an arbitrary penalty? None legally.
Plus you HAD paid.
So I struggle to see what losses they are claiming for as not being council, what authority do they have to issue an arbitrary penalty? None legally.
Psycho Warren said:
as its private, they go to court to claim back losses in essence. So what loss have they incurred? They have seen the ticket as thats why they put the notice on that window.
Plus you HAD paid.
So I struggle to see what losses they are claiming for as not being council, what authority do they have to issue an arbitrary penalty? None legally.
I was thinking the same. Plus you HAD paid.
So I struggle to see what losses they are claiming for as not being council, what authority do they have to issue an arbitrary penalty? None legally.
The OP hasn't overstayed and has paid for the parking he used, so in this instance there is no loss for them to claim.
Fingers crossed.
Psycho Warren said:
as its private, they go to court to claim back losses in essence. So what loss have they incurred? They have seen the ticket as thats why they put the notice on that window.
Plus you HAD paid.
So I struggle to see what losses they are claiming for as not being council, what authority do they have to issue an arbitrary penalty? None legally.
Yes I would have thought if they were daft enough to take it to court, the judge would find they are trying to impose a penalty which they are certainly not allowed to do!Plus you HAD paid.
So I struggle to see what losses they are claiming for as not being council, what authority do they have to issue an arbitrary penalty? None legally.
Goes to the narrative that many of these companies work on a numbers game of producing speculative invoices and hoping to scare enough people into paying, parking control has very little to do with it!
angrymoby said:
mikal83 said:
we went to a panto last year and the weather was misty and forecast was very cold. Not wanting to scrape a windscreen and then fog up, both my B-I-L and I put a ticket on the parcel shelf in full view....we even parked with the rear under a light and then put a blanket over the w'screen. Still got a ticket of course.
(But a quick email contesting the ticket with pics and it was binned)
seems i'm not alone then (as google doesn't throw up many incidents of using the 'wrong' window) ...presumably this was council issued (hence the fast roll over)?(But a quick email contesting the ticket with pics and it was binned)
angrymoby said:
mmm-five said:
Was the instruction to "display it clearly", or specifically something like "display it clearly on windscreen"?
If you've put it on a side or rear window, then you've not followed the instructions. It's stupid, but the appeal isn't really an independent body, so I wouldn't be surprised if they reject your appeal.
Just like having the VRN plate clearly displayed on a vehicle says it has to be in a specific location - it doesn't mean it can be on clearly visible but on the dashboard.
Premier Parking state 'windscreen' (i should've taken a pic of their signage- but unfortunately didn't (too busy being gobsmacked))If you've put it on a side or rear window, then you've not followed the instructions. It's stupid, but the appeal isn't really an independent body, so I wouldn't be surprised if they reject your appeal.
Just like having the VRN plate clearly displayed on a vehicle says it has to be in a specific location - it doesn't mean it can be on clearly visible but on the dashboard.
Gareth79 said:
I wonder what you are supposed to do when parking a car with no windscreen?
If you drive with goggles on to protect your eyes, could you not argue that the goggle lens are a 'windscreen' of sorts for your eyes, and thus you can stick the ticket to the inside of the goggle lens and leave it on the dash? 
TheInsanity1234 said:
Gareth79 said:
I wonder what you are supposed to do when parking a car with no windscreen?
If you drive with goggles on to protect your eyes, could you not argue that the goggle lens are a 'windscreen' of sorts for your eyes, and thus you can stick the ticket to the inside of the goggle lens and leave it on the dash? 
It will be interesting to hear their view on how they did not spot the P&D ticket on the window as the applied the PCN to the same window.
They will have shot themselves in the foot with numerous other things so I imagine it would be an easy win at POPLA. Get on pepipoo or MSE forums and take the advice from "sticky" or post a thread with pictures etc
They will have shot themselves in the foot with numerous other things so I imagine it would be an easy win at POPLA. Get on pepipoo or MSE forums and take the advice from "sticky" or post a thread with pictures etc
Trax said:
That is funny. They were never going to accept the appeal, as generally people just pay up. Strange people on here love to defend them though....
No, people don't tend to defend them.However, when people come on and say "Yer, I parked across 3 bays for a couple of hours" or "Yer, well I got back to my car 3hrs after the ticket expired".
People aren't "defending" them, but pointing out the harsh reality that you cannot always blame someone else for your own stupidity.
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