Hello
And thank you for making this new forum and being so very helpful for me previously.
On behalf of a friend, was doing a moving job for a customer who resides in the building that enforces these restrictions. Sadly he did not request a virtual permit nor can he contact the customer again to request the landowner building to cancel the charge. Google maps isn't helpful to read the parking sign and the online portal does not show it.
Evidence photos show the time of entry for the job. Then the photos later on, is when the driver was leaving the site but the vehicle drive motor failed to engage. The driver reversed to move out of the middle of the road for 3 minutes until the vehicle would select drive again. The brake lights were on the whole way, the vehicle was in active operation and no parking took place.
I based my appeal on the BPA 5 minute consideration period rules and the fact that the vehicle was still in operation, not parked.
Below are their evidence photos and the letter. Please help.
![[Image: IMG-4395.jpg]](https://i.ibb.co/svFj6fRJ/IMG-4395.jpg)
![[Image: IMG-4396.jpg]](https://i.ibb.co/7NkhM5Wp/IMG-4396.jpg)
![[Image: 64f7312a-3964-493e-9646-927f940bdd99.jpg]](https://i.ibb.co/PG7dLxgf/64f7312a-3964-493e-9646-927f940bdd99.jpg)
![[Image: a904871a-5315-4df4-b74c-e8ab44712b3f.jpg]](https://i.ibb.co/pBcF79yM/a904871a-5315-4df4-b74c-e8ab44712b3f.jpg)
![[Image: fd183257-5d7e-4ad4-b362-47d1535f98d8.jpg]](https://i.ibb.co/VcY7HN0H/fd183257-5d7e-4ad4-b362-47d1535f98d8.jpg)
![[Image: cb353f0e-45f5-4c5c-b178-22801e27000d.jpg]](https://i.ibb.co/1t7PsFGr/cb353f0e-45f5-4c5c-b178-22801e27000d.jpg)
My attempt at an appeal.
I am appealing this notice as the Registered Keeper of the vehicle. This charge is legally unenforceable and must be cancelled immediately based on the following conclusive grounds:
1. Photographic Evidence Proves the Vehicle Was Not "Parked": The operator's own photographic evidence refutes the claim that the vehicle was parked. In every single photograph spanning the 4-minute window (18:10 to 18:14), the vehicle's brake lights are clearly illuminated. This provides indisputable physical proof that the engine was running, a driver was at the controls with their foot on the brake, and the vehicle was never left unattended. Under established contract law, "parking" requires a degree of permanence. The vehicle was merely stationary in traffic.
2. Frustration of Contract (Vehicle Malfunction & Traffic Management): As shown by the vehicle's position in your photos—which is angled away from the pavement rather than aligned to it—the van was not in a parking position. The vehicle suffered a sudden mechanical/electronic system malfunction and would not move forward. The driver was forced by emergency safety to reverse out of the path of oncoming traffic to allow the onboard computer system to reset. A contract cannot be formed when an event is dictated by sudden mechanical failure and basic road safety.
3. Permitted Loading/Unloading for a Lawful Resident: The vehicle is a commercial van engaged in a move-in job for a resident of the property. Tenants and their hired contractors hold an implied right to use service areas to drop off or collect goods. I have attached the job summary for the resident in your building.
4. Breach of Mandatory BPA Consideration Period: Your ANPR cameras show entry at 17:41, but your specific photos alleging a contravention only span from 18:10 to 18:14. As a BPA Approved Operator, you are legally bound to provide a minimum 5-minute consideration period for a driver to enter a site and navigate it before a contract forms. Your evidence shows a stationary window of only three minutes. The vehicle departed before the consideration period expired, meaning no contract was ever entered into.
Please cancel this notice immediately.
And thank you for making this new forum and being so very helpful for me previously.
On behalf of a friend, was doing a moving job for a customer who resides in the building that enforces these restrictions. Sadly he did not request a virtual permit nor can he contact the customer again to request the landowner building to cancel the charge. Google maps isn't helpful to read the parking sign and the online portal does not show it.
Evidence photos show the time of entry for the job. Then the photos later on, is when the driver was leaving the site but the vehicle drive motor failed to engage. The driver reversed to move out of the middle of the road for 3 minutes until the vehicle would select drive again. The brake lights were on the whole way, the vehicle was in active operation and no parking took place.
I based my appeal on the BPA 5 minute consideration period rules and the fact that the vehicle was still in operation, not parked.
Below are their evidence photos and the letter. Please help.
My attempt at an appeal.
I am appealing this notice as the Registered Keeper of the vehicle. This charge is legally unenforceable and must be cancelled immediately based on the following conclusive grounds:
1. Photographic Evidence Proves the Vehicle Was Not "Parked": The operator's own photographic evidence refutes the claim that the vehicle was parked. In every single photograph spanning the 4-minute window (18:10 to 18:14), the vehicle's brake lights are clearly illuminated. This provides indisputable physical proof that the engine was running, a driver was at the controls with their foot on the brake, and the vehicle was never left unattended. Under established contract law, "parking" requires a degree of permanence. The vehicle was merely stationary in traffic.
2. Frustration of Contract (Vehicle Malfunction & Traffic Management): As shown by the vehicle's position in your photos—which is angled away from the pavement rather than aligned to it—the van was not in a parking position. The vehicle suffered a sudden mechanical/electronic system malfunction and would not move forward. The driver was forced by emergency safety to reverse out of the path of oncoming traffic to allow the onboard computer system to reset. A contract cannot be formed when an event is dictated by sudden mechanical failure and basic road safety.
3. Permitted Loading/Unloading for a Lawful Resident: The vehicle is a commercial van engaged in a move-in job for a resident of the property. Tenants and their hired contractors hold an implied right to use service areas to drop off or collect goods. I have attached the job summary for the resident in your building.
4. Breach of Mandatory BPA Consideration Period: Your ANPR cameras show entry at 17:41, but your specific photos alleging a contravention only span from 18:10 to 18:14. As a BPA Approved Operator, you are legally bound to provide a minimum 5-minute consideration period for a driver to enter a site and navigate it before a contract forms. Your evidence shows a stationary window of only three minutes. The vehicle departed before the consideration period expired, meaning no contract was ever entered into.
Please cancel this notice immediately.
