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POPLA Decisions
Comments
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An interesting POPLA success as flagged up on PPP:-
http://forums.pepipoo.com/index.php?showtopic=109084&hl=
The assessor really nails it regarding ANPR and grace periods:-
The appellant was unaware that they were required to pay from the point of entry to the car park and not from the time they purchased their ticket. The operator is using Automatic Number Plate Recognition (ANPR) technology to record and calculate the duration of stay for vehicles so has recorded the appellant’s vehicle entering at 11:44, and with receiving payment for five hours, this would authorise the vehicle to be parked until 16:44. As a result it has issued the Parking Charge Notice (PCN) as the appellant has overstayed this by 10 minutes.
Section 21.1 of the British Parking Association Code of Practice states “You may use ANPR camera technology to manage, control and enforce parking in private car parks, as long as you do this in a reasonable, consistent and transparent manner. Your signs must tell drivers that you are using this technology and what you will use the data captured by ANPR cameras for.”
The signage displayed within the car park does display a logo associated with ANPR, however the signage does not inform motorists that the data captured is used to calculate their stay or any statement that makes this implicit to a driver. As the operator has not met the BPA requirements with regards to ANPR signage, I am satisfied that the appellant has not been made aware of this and could reasonably assume the time stated on their ticket as the time they are authorised to remain parked until.
Due to this, for the purposes of this appeal I am going to use the time of the ticket having been purchased as the time from when the appellant was authorised to remain in the car park. The evidence shows that the appellant’s ticket would have an expiry time of 16:49, and the appellant exited the car park at 16:55, meaning the appellant has overstayed this period by six minutes.
The British Parking Association (BPA) Code of Practice states: “13.4 You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes.” As the appellant, based on the time the payment was made, has not exceeded the minimum grace period of 10 minutes, I am unable to conclude that this PCN has been issued correctly.What part of "A whop bop-a-lu a whop bam boo" don't you understand?0 -
The scamsters were really taking the p155 here...bang on ten mins overdue and they issued an invoice.
Some people would think 'Ok from now why doesn't the parkingco use 14 mins as a grace period, that would be fair'....but let's face it the parking co won't mind losing this one....remember for every success at POPLA there are thousands who pay up with barely a whimper. Changing it to 14 would lose them punters who would simply pay up...they'll happily swop that for the odd loss...
IIRC if a council was found to be doing something inherently unfair at PATAS [appeals service for council tickets], they would be instructed by the adjudicator to put it right [eg incorrect signage would have to be amended].
Sadly POPLA appears not to be able to make such orders/requests.
The gravy train just keeps rolling along....0 -
POPLA SUCCESS
Newbie here. Read pages and pages on this forum and submitted appeal to CE Ltd. That was rejected. Appealed with popla using driver unidentified and ticket sent after 15 days, together with all the other complaints e.g, reliability of the anpr system, no landowner authority, inadequate signage etc (though I didn't manage to get half the info I needed on popla's 2000 word count - I didn't realise everyone else sent it via PDF evidence, until after I'd submitted it and had a mini panick attack!!).
Anyway, great news today, it was uncontested by CE, so very happy bunny here... thank you to everyone who posts on here, you've been a great help
))) 0 -
Well done!POPLA SUCCESS
Newbie here. Read pages and pages on this forum and submitted appeal to CE Ltd. That was rejected. Appealed with popla using driver unidentified and ticket sent after 15 days, together with all the other complaints e.g, reliability of the anpr system, no landowner authority, inadequate signage etc (though I didn't manage to get half the info I needed on popla's 2000 word count - I didn't realise everyone else sent it via PDF evidence, until after I'd submitted it and had a mini panick attack!!).
Anyway, great news today, it was uncontested by CE, so very happy bunny here... thank you to everyone who posts on here, you've been a great help)))
But a lesson for other newbies - what makes you all think there is any problem and a 2000 character restriction when you see our 3000-word efforts?!
We submit them as an attachment under 'OTHER' on POPLA's website every time.
When lost, search the forum. I said to a poster asking the same question a couple of days ago, anything you ask here has already been asked dozens of times, so in this case just putting '2000' in the search box for this board only (not the whole of MSE), gets the answer in seconds.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
well done .....:j
would you mind helping the cause by joining this campaign
http://forums.moneysavingexpert.com/showthread.php?t=5524754&page=10
thanks
Ralph:cool:0 -
Just got a ticket today parking in a public car park at a university. Signs said not for staff and students, I am neither. Ticket was put on my car by a covert operative and the uni security office said that as I went out of the car park onto the campus I was not visiting the area the car park was for. I was going to drop something of at a friend and then we went for a sandwich and coffee at the place the car park is supposedly for. I have a receipt for the food we bought 38 mins after the ticket was issued. The ticker is issued by First Parking LLP. I am going to appeal as just because I went onto the campus first I was visiting the relevant area. Any thoughts folks?0
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Coupon Mad - I'm usually pretty good at navigating around websites, but I struggled on the forum.... not sure if it was because I wasn't a member until today. I tried on the iPad and on my android phone but still struggled to find relevant threads (including searching key words).
Ralph y - I've had a quick look - do I just send a letter to Teresa May on the template?0 -
Just got a ticket today parking in a public car park at a university. Signs said not for staff and students, I am neither. Ticket was put on my car by a covert operative and the uni security office said that as I went out of the car park onto the campus I was not visiting the area the car park was for. I was going to drop something of at a friend and then we went for a sandwich and coffee at the place the car park is supposedly for. I have a receipt for the food we bought 38 mins after the ticket was issued. The ticker is issued by First Parking LLP. I am going to appeal as just because I went onto the campus first I was visiting the relevant area. Any thoughts folks?
If you want help, may I suggest that you start a new thread and people will help. This thread is for POPLA results, not new help threads.
Please do open your own thread and I promise you will get real help tailored to your own problem.0 -
Just got a ticket today parking in a public car park at a university. Signs said not for staff and students, I am neither. Ticket was put on my car by a covert operative and the uni security office said that as I went out of the car park onto the campus I was not visiting the area the car park was for. I was going to drop something of at a friend and then we went for a sandwich and coffee at the place the car park is supposedly for. I have a receipt for the food we bought 38 mins after the ticket was issued. The ticker is issued by First Parking LLP. I am going to appeal as just because I went onto the campus first I was visiting the relevant area. Any thoughts folks?
As advised, please read the Sticky thread for NEWBIES then start your own thread. Do not do anything else until you have read and understood this. Do not appeal too early and do not under any circumstances reveal who was driving, either on MSE or in your appeal.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
Coupon Mad - I'm usually pretty good at navigating around websites, but I struggled on the forum.... not sure if it was because I wasn't a member until today. I tried on the iPad and on my android phone but still struggled to find relevant threads (including searching key words).
Ralph y - I've had a quick look - do I just send a letter to Teresa May on the template?
Many people have problems with this site unless they are on proper PC. No offence meant but you may well miss vital information on a 'phone.
You are looking for, "This demands a new thread ..." and/or go to the BMPA website.I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0
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