ECP POPLA appeal

I have had a read of it. Bit of shocker if it's just a template, makes it feel a bit random and all on how they feel on the day.

Jesus that's a bit amateurish

Mine is still at stage 2 pending comments.

I look forward to the wall of text :eek:

That'll confirm that its just a farce. Someone on here had theirs accepted and one of the things that it was accepted on is that only one of the photographs had a time stamp on it, one dated 12th Jan 2017 surprisingly.

@the_wheels_have_fallen_of I would get that complaint letter ready if I was you.

Decision
Successful
Assessor Name
Amy Butler
Assessor summary of operator case
The operator’s case is that the appellant exceeded the maximum stay allowed.

Assessor summary of your case
The appellant has raised several grounds of appeal. These are as follows: • No evidence of Landowner Authority • The signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself. • The signs fail to transparently warn drivers of what the ANPR data will be used for. • No keeper or driver liability.

Assessor supporting rational for decision
The operator has provided photographic evidence of the signage at the site which terms and conditions state “1 ½ hours max stay; this car park is controlled, failure to comply with the following will result in the issue of a £90 parking charge notice; (£50 if paid within 14 days)”. The operator has provided images from the Automatic Number Plate Recognition (ANPR) system, which shows the appellant’s vehicle XXXX XXX entered the site on 3 December 2016, at 18:46 and exited the site at 21:45. The appellant remained at the site for a period of two hours and 59 minutes. The operator has issued the Parking Charge Notice (PCN) because the appellant exceeded the maximum stay allowed. The appellant has raised several grounds of appeal. These are as follows: • No evidence of Landowner Authority • The signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself. • The signs fail to transparently warn drivers of what the ANPR data will be used for. • No keeper or driver liability. Within Section 7 of the British Parking Association (BPA) Code of Practice, it requires parking operators to have the written authority from the landowner to operate on the land. As such, I must consider whether the Operator has met the requirements of this section of the BPA Code of Practice. In this case the operator has provided a copy of the signed agreement between the landowner and the operator. However the agreement does not state an effective from date or the term of the agreement. I am not satisfied that the agreement within the operator’s evidence confirms that is has written authority to operate on the land. The operator has failed to demonstrate that it meets the requirements set out in Section 7 of the BPA Code of Practice. I note that the appellant has raised further grounds of appeal, however as I have allowed the appeal I do not need to look at these. I can only conclude that the PCN has been issued incorrectly. Accordingly, I must allow this appeal.

I would like to thank everyone for their help on this though, it has been appreciated. Unsure how mine has been upheld yet another identical case is been rejected?