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  • FIRST POST
    • mucker2308
    • By mucker2308 13th Sep 17, 10:05 PM
    • 20Posts
    • 9Thanks
    mucker2308
    premier parking rejected appeal
    • #1
    • 13th Sep 17, 10:05 PM
    premier parking rejected appeal 13th Sep 17 at 10:05 PM
    So we have just received a rejected appeal from Premier Parking, see below, this is what i sent them on an email for the both of us.

    I am writing regarding a recent ticket myself and my mother in law have both received on the same day minutes apart.

    We stayed in a property on holiday so we were not familiar with the area and we were advised it was fine to park outside the house by the owner.
    When we arrived there, the house front was on a road with 2 yellow lines and was very busy, we then decided to use the car park at the back of the property which backs onto it. My mother in law is disabled so first of all we needed a good point for her to get out the car, we then unloaded our cars with the luggage as quick as we could and then proceeded to a different car park for a week stay.

    We thought we were ok to be in the car park to access the property we were staying in and as we didn't park up in a space as there was also none available, we didn't think a ticket was necessary otherwise one would have been purchased.

    My self and my mother in law/father in law have both received a ticket and as you can imagine when receiving the tickets we were gobsmacked, I am writing to contest the parking charge.

    My mother in law/father in law are .....

    Sooo 1. I definitely regret not finding this forum before sending them this email, 2. I dont know what to do can someone please help!

    thank you
Page 1
    • Redx
    • By Redx 13th Sep 17, 10:14 PM
    • 16,500 Posts
    • 20,660 Thanks
    Redx
    • #2
    • 13th Sep 17, 10:14 PM
    • #2
    • 13th Sep 17, 10:14 PM
    you should not have sent any "explanations"

    they dont care about "what happened" , they have no interest at all


    they only care about extorting the maximum amount of money from as many people as they can sc@m , 24/7/365

    its a money making unregulated sc@mmers paradise of an industry

    the NEWBIES sticky thread deals with all the advice you need

    if they issued popla codes, start drafting popla appeals

    and also contact the landholder asap and try to get the invoices cancelled
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • KeithP
    • By KeithP 13th Sep 17, 10:27 PM
    • 4,446 Posts
    • 2,775 Thanks
    KeithP
    • #3
    • 13th Sep 17, 10:27 PM
    • #3
    • 13th Sep 17, 10:27 PM
    OP, I hope you haven't told them who the drivers were.

    From your post it looks as thought you might've done.
    .
    • Umkomaas
    • By Umkomaas 13th Sep 17, 10:59 PM
    • 15,471 Posts
    • 24,183 Thanks
    Umkomaas
    • #4
    • 13th Sep 17, 10:59 PM
    • #4
    • 13th Sep 17, 10:59 PM
    as you can imagine when receiving the tickets we were gobsmacked
    If you're appealing this further to POPLA, I think I'd avoid such technical expressions.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • mucker2308
    • By mucker2308 14th Sep 17, 7:32 PM
    • 20 Posts
    • 9 Thanks
    mucker2308
    • #5
    • 14th Sep 17, 7:32 PM
    • #5
    • 14th Sep 17, 7:32 PM
    thank you,I have looked through the information and feel KeithP is right, I have shot ourselves in the foot, do you think this has blow my chances? Or is it still worth pursing?

    thanks again for your help
    • Umkomaas
    • By Umkomaas 14th Sep 17, 7:46 PM
    • 15,471 Posts
    • 24,183 Thanks
    Umkomaas
    • #6
    • 14th Sep 17, 7:46 PM
    • #6
    • 14th Sep 17, 7:46 PM
    You can still win this at POPLA on a number of other possible issues. Please read the NEWBIES FAQ sticky, post # 3 which tells you how to go about doing so. In it you will find ready written templates to cover the main appeal points that win at POPLA. Use them to form the basis of your overall appeal.

    If you've identified the driver, then you can't obviously use the 'No Keeper Liability' element.

    Draft your appeal, then post it here for critique and fine tuning before submitting. Do not miss your POPLA deadline.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • mucker2308
    • By mucker2308 14th Sep 17, 8:18 PM
    • 20 Posts
    • 9 Thanks
    mucker2308
    • #7
    • 14th Sep 17, 8:18 PM
    • #7
    • 14th Sep 17, 8:18 PM
    thank you i need to convince my mother in law it is worth pursing, i will show her these threads and hopefully get her to appeal with me also.

    I will be back soon with a template
    • mucker2308
    • By mucker2308 29th Sep 17, 12:18 PM
    • 20 Posts
    • 9 Thanks
    mucker2308
    • #8
    • 29th Sep 17, 12:18 PM
    • #8
    • 29th Sep 17, 12:18 PM
    Hi everyone,

    So finally I have written my draft....

    I write to you further to you declining my appeal.

    This is not a 'parking ticket' - it is an unsolicited invoice with as much merit as the publicly-derided £100 taken unlawfully from customers
    The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is a disguised penalty and not commercially justified.
    There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied

    1. The minimum grace period was not allowed by the operator:
    The vehicle entered the car park at 09:17 and left at 09:29

    British Parking Association Code of Practice 13.1 – 13.4 states:
    13 Grace periods
    13.1 Your approach to parking management must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period without
    having their vehicle issued with a parking charge notice.
    13.2 You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still
    allow them a grace period to read your signs and leave before you take enforcement action.
    13.3 You should be prepared to tell us the specific grace period at a site if our compliance team or our agents ask what it is.
    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.

    In this case, we have an authorised user using the car park appropriately, there has been no loss to the owner. While the courts might hold that a large charge might be appropriate in the case of a public car park, essentially as a deterrent, there is nothing in the case to suggest that a reasonable person would accept that a £100 (or £60 if paid promptly) fine is a conscionable amount to be charged whilst visiting for 10 minutes.

    2. Insufficient signage.
    3. No evidence of Landowner Authority

    The operator is put to strict proof of full compliance with the BPA Code of Practice
    As this operator does not have proprietary interest in the land then I require that they produce an unredacted copy of the contract with the landowner. The contract and any 'site agreement' or 'User Manual' setting out details including exemptions - such as any 'genuine customer' or 'genuine resident' exemptions or any site occupier's 'right of veto' charge cancellation rights - is key evidence to define what this operator is authorised to do and any circumstances where the landowner/firms on site in fact have a right to cancellation of a charge. It cannot be assumed, just because an agent is contracted to merely put some signs up and issue Parking Charge Notices, that the agent is also authorised to make contracts with all or any category of visiting drivers and/or to enforce the charge in court in their own name (legal action regarding land use disputes generally being a matter for a landowner only).
    Witness statements are not sound evidence of the above, often being pre-signed, generic documents not even identifying the case in hand or even the site rules. A witness statement might in some cases be accepted by POPLA but in this case I suggest it is unlikely to sufficiently evidence the definition of the services provided by each party to the agreement.
    Nor would it define vital information such as charging days/times, any exemption clauses, grace periods (which I believe may be longer than the bare minimum times set out in the BPA CoP) and basic information such as the land boundary and bays where enforcement applies/does not apply. Not forgetting evidence of the various restrictions which the landowner has authorised can give rise to a charge and of course, how much the landowner authorises this agent to charge (which cannot
    be assumed to be the sum on a sign because template private parking terms and sums have been known not to match the actual landowner agreement).
    Paragraph 7 of the BPA Code of Practice defines the mandatory requirements and I put this operator to strict proof of full compliance:
    7.2 If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken.
    7.3 The written authorisation must also set out:
    a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined
    b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation
    c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement
    d who has the responsibility for putting up and maintaining signs
    e the definition of the services provided by each party to the agreement

    The operator is obliged to ensure their ANPR equipment is maintained as described in paragraph 21.3 of the British Parking Association's Approved Operator Scheme Code of Practice. I require the Operator to present records as to the dates and times of when the cameras at this car park were checked, adjusted, calibrated, synchronised with the timer which stamps the photos and generally maintained to ensure the accuracy of the dates and times of any ANPR images. This is important because the entirety of the charge is founded on two images purporting to show the vehicle entering and exiting at specific times. .

    No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice
    As this operator does not have proprietary interest in the land then I require that they produce an unredacted copy of the contract with the landowner. The contract and any 'site agreement' or 'User Manual' setting out details including exemptions - such as any 'genuine customer' or 'genuine resident' exemptions or any site occupier's 'right of veto' charge cancellation rights - is key evidence to define what this operator is authorised to do and any circumstances where the landowner/firms on site in fact have a right to cancellation of a charge. It cannot be assumed, just because an agent is contracted to merely put some signs up and issue Parking Charge Notices, that the agent is also authorised to make contracts with all or any category of visiting drivers and/or to enforce the charge in court in their own name (legal action regarding land use disputes generally being a matter for a landowner only).

    Paragraph 7 of the BPA CoP defines the mandatory requirements and I put this operator to strict proof of full compliance:

    7.2 If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken.

    7.3 The written authorisation must also set out:

    a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined

    b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation

    c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement

    d who has the responsibility for putting up and maintaining signs

    e the definition of the services provided by each party to the agreement

    4. 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

    There was no contract nor agreement on the 'parking charge' at all. It is submitted that the driver did not have a fair opportunity to read about any terms involving this huge charge.

    It is vital to observe, since 'adequate notice of the parking charge' is mandatory under the POFA Schedule 4 and the BPA Code of Practice, these signs do not clearly mention the parking charge which is hidden in small print (and does not feature at all on some of the signs). Areas of this site are unsigned and there are no full terms displayed - i.e. with the sum of the parking charge itself in large lettering - at the entrance either, so it cannot be assumed that a driver drove past and could read a legible sign, nor parked near one.

    So, for this appeal, I put this operator to strict proof of where the car was parked and (from photos taken in the same lighting conditions) how their signs appeared on that date, at that time, from the angle of the driver's perspective. Equally, I require this operator to show how the entrance signs appear from a driver's seat, not stock examples of 'the sign' in isolation/close-up. I submit that full terms simply cannot be read from a car before parking and mere 'stock examples' of close-ups of the (alleged) signage terms will not be sufficient to disprove this.



    Sorry I am hoping this is all correct and makes sense!

    Thank you again
    • mucker2308
    • By mucker2308 29th Sep 17, 12:20 PM
    • 20 Posts
    • 9 Thanks
    mucker2308
    • #9
    • 29th Sep 17, 12:20 PM
    • #9
    • 29th Sep 17, 12:20 PM
    also would I submit this on the last day of my appeal?

    thanks
    • Redx
    • By Redx 29th Sep 17, 1:47 PM
    • 16,500 Posts
    • 20,660 Thanks
    Redx
    submit it any time up to the 28 (to 33 max) limit , perferably before day 28

    BUT DONT SUBMIT THE ABOVE

    for starters, POPLA have not declined any appeal, so the opening lines dont make sense at all

    since the BEAVIS case 2 years ago, dont talk about "loss"

    this appeal is to popla , not to PP

    the first 5 lines need to be removed

    and the signage point was not fleshed out

    start again, look for a recent PP popla appeal, remove any KEEPER paragraphs and any POFA2012 paragraphs (because you blabbed about who was driving)

    make sure it then fits your circumstances and post the draft on here for critique

    appeal points will be based on :-

    BPA CoP GRACE PERIODS
    POOR AND INADEQUATE SIGNAGE
    NO LANDOWNER CONTRACT
    any BPA CoP failures
    any other relevant points

    and remember , you are writing this to popla , who know nothing about it , not to PP

    add a bullet point menu below the NEW opening statement
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • mucker2308
    • By mucker2308 29th Sep 17, 5:25 PM
    • 20 Posts
    • 9 Thanks
    mucker2308
    thank you as you can see I certainly got lost when searching! I shall be back thanks Redx

    (because you blabbed about who was driving) Very true but this did make me laugh slightly Thank you again
    • mucker2308
    • By mucker2308 5th Oct 17, 10:36 AM
    • 20 Posts
    • 9 Thanks
    mucker2308
    Dear whom it concerns.

    I am writing to you today due to a declined appeal from Premier Parking.

    NO LANDOWNER CONTRACT

    7 Written authorisation of the landowner
    7.1 If you do not own the land on which you are carrying out parking management, you must have the written authorisation of the landowner (or their appointed agent) before you can start operating on the land in question. The authorisation must give you the authority to carry out all the aspects of the management and enforcement of the site that you are responsible for. In particular, it must say that the landowner requires you to keep to the Code of Practice, and that you have the authority to pursue outstanding parking charges, through the courts if necessary.
    7.2. The written authorisation must also set out: a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement f whether or not the landowner authorises you to take legal action to recover charges due from drivers charged for unauthorised parking.
    7.3 Our compliance team are responsible for making sure that you follow the Code. If the team give you reasonable notice, you must allow our appointed manager to inspect the landowner’s written authorisation.
    BPA CoP GRACE PERIODS

    13 Grace periods
    13.1 Your approach to parking management must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period without having their vehicle issued with a parking charge notice.
    13.2 You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action.
    13.3 You should be prepared to tell us the specific grace period at a site if our compliance team or our agents ask what it is.
    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.

    14 Misrepresentation of authority

    14.1 You must give clear information to the public about what parking activities are allowed and what is unauthorised. You must not misrepresent to the public that your parking control and enforcement work is carried out under the statutory powers of the police or any other public authority. You will be breaching the Code if you suggest to the public that you are providing parking enforcement under statutory authority.
    14.2 You must not use terms which imply that parking is being managed, controlled and enforced under statutory authority. This includes using terms such as ‘fine’, ‘penalty’ or ‘penalty charge notice’. 14.3 The abbreviation ‘PCN’ is also used to mean a ‘penalty charge notice’ in the regulated environment. Unless you have previously defined a PCN as a ‘parking charge notice’ on your signs and notices, you must avoid using the term ‘PCN’ to avoid confusing drivers about the nature of your parking enforcement.

    18 Signs

    18.1 A driver who uses your private car park with your permission does so under a licence or contract with you. If they park without your permission this will usually be an act of trespass. In all cases, the driver’s use of your land will be governed by your terms and conditions, which the driver should be made aware of from the start. You must use signs to make it easy for them to find out what your terms and conditions are.
    18.2 Entrance signs play an important part in establishing a parking contract and deterring trespassers. Therefore, as well as the signs you must have telling drivers about the terms and conditions for parking, you must also have a standard form of entrance sign at the entrance to the parking area. Entrance signs must tell drivers that the car park is managed and that there are terms and conditions they must be aware of. Entrance signs must follow some minimum general principles and be in a standard format. The size of the sign must take into account the expected speed of vehicles approaching the car park, and it is recommended that you follow Department for Transport guidance on this. See Appendix B for an example of an entrance sign and more information about their use.
    18.3 Specific parking-terms signage tells drivers what your terms and conditions are, including your parking charges. You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand. Signs showing your detailed terms and conditions must be at least 450mm x 450mm.
    following any applicable government signage regulations. See paragraphs 2(2), 2(3) and 12 of the Schedule.
    18.5 If a driver is parking with your permission, they must have the chance to read the terms and conditions before they enter into the contract with you. If, having had that opportunity, they decide not to park but choose to leave the car park, you must provide them with a reasonable grace period to leave, as they will not be bound by your parking contract.
    18.6 The wording you include on your specific parking terms signage is your decision. However, you should try to use plain and intelligible language in all your signs and information.
    18.7 You must not offer just a premium-rate number. If you do have a premium-rate number, you must also offer a standard-rate number you can be contacted on.
    18.8 You should display the BPA and AOS logos on all sites. This will help the public to see that you are a legitimate operator, and show that the site is run properly.
    18.9 Important: you may have to give other information on signs and notices under companies and consumer protection law and other legislation.
    18.10 So that disabled motorists can decide whether they want to use the site, there should be at least one sign containing the terms and conditions for parking that can be viewed without needing to leave the vehicle. Ideally this sign should be close to any parking bays set aside for disabled motorists.

    16 Disabled motorists
    16.1 The Equality Act 2010 says that providers of services to the public must make ‘reasonable adjustments’ to remove barriers which may discriminate against disabled people.
    16.2 ‘Reasonable adjustments’ to prevent discrimination are likely to include larger ‘disabled’ parking spaces near to the entrance or amenities for disabled people whose mobility is impaired. It also could include lowered payment machines and other ways to pay if payment is required: for example, paying by phone. You and your staff also need to realise that some disabled people may take a long time to get to the payment machine.
    16.3 Operators of off-street car parks do not have to recognise the Blue Badge scheme. But many choose to do so to meet their obligations under the Equality Act. Although a Blue Badge is not issued to all disabled people it is issued to those with mobility problems. So it is a good way for parking operators to identify people who need special parking provision.
    16.4 You are at risk of a claim under the Equality Act if you do not discourage abuse of the ‘disabled’ spaces. This means that you need to make sure the spaces are regularly checked to be sure they are not being used by people who do not have a disability.
    16.5 If your landowner provides a concession that allows parking for disabled people, if a vehicle displays a valid Blue Badge you must not issue it with parking charge notices

    19 Charges, and terms and conditions
    19.1 When you issue a parking charge notice the charges you make have to be reasonable. This section explains what reasonable charges are.
    19.2 In the Code ‘parking charges’ means charges arising from enforcement under three different circumstances:
    • when a motorist breaks the terms and conditions of a parking contract
    • when a motorist trespasses by parking without permission
    • agreed charges that are advertised in the contract; for example, for an overstay. It does not mean the normal tariff fees for parking.
    These are a matter for the landowner and operator and are outside the scope of the Code. Your terms and conditions will include your normal tariffs for parking, plus any parking charges if the driver breaks the contract or commits a trespass.
    19.3 If the driver breaks the contract, for example by not paying the tariff fee or by staying longer than the time paid for, or if they trespass on your land, they may be liable for parking charges. These charges must be shown clearly and fully to the driver on the signs which contain your terms and conditions.
    19.5 If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the genuine pre-estimate of loss that you suffer. We would not expect this amount to be more than £100. If the charge is more than this, operators must be able to justify the amount in advance.
    19.6 If your parking charge is based upon a contractually agreed sum, that charge cannot be punitive or unreasonable. If it is more than the recommended amount in
    19.5 and is not justified in advance, it could lead to an investigation by The Office of Fair Trading.
    19.7 If prompt payment is made (defined as 14 days from the issue of the parking charge notice) you must offer a reduced payment to reflect your reduced costs in collecting the charge. This reduction in cost should be by at least 40% of the full charge.
    19.8 If you are asked, you must be able to justify the level of parking charges to the AOS Board, a member of our compliance team or to their specified agent.
    19.9 You should warn drivers that if they delay payment beyond a payment period of 28 days, and you need to take court action or use debt-recovery methods to recover a debt, there may be extra ‘recovery’ charges for debt-recovery action. However, you do not need to say how much these recovery charges are in advance, on your signs or notices.


    I think everything is covered here now
    • Umkomaas
    • By Umkomaas 5th Oct 17, 11:02 AM
    • 15,471 Posts
    • 24,183 Thanks
    Umkomaas
    But all you’ve done above is copy and paste chunks of the BPA Code of Practice - nowhere do you say what happened in your case in the context of these and how the paragraphs back your position and why your appeal should be upheld.

    What you’ve put there won’t win you anything.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • mucker2308
    • By mucker2308 6th Oct 17, 11:19 PM
    • 20 Posts
    • 9 Thanks
    mucker2308
    Dear whom it concerns.

    I am writing to you today due to a declined appeal from Premier Park Ltd from a stay in the Tenby car park.

    NO LANDOWNER CONTRACT

    7 Written authorisation of the landowner
    7.1 If you do not own the land on which you are carrying out parking management, you must have the written authorisation of the landowner (or their appointed agent) before you can start operating on the land in question. The authorisation must give you the authority to carry out all the aspects of the management and enforcement of the site that you are responsible for. In particular, it must say that the landowner requires you to keep to the Code of Practice, and that you have the authority to pursue outstanding parking charges, through the courts if necessary.
    7.2. The written authorisation must also set out: a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement f whether or not the landowner authorises you to take legal action to recover charges due from drivers charged for unauthorised parking.
    7.3 Our compliance team are responsible for making sure that you follow the Code. If the team give you reasonable notice, you must allow our appointed manager to inspect the landowner’s written authorisation.
    BPA CoP GRACE PERIODS

    13 Grace periods
    13.1 Your approach to parking management must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period without having their vehicle issued with a parking charge notice.
    13.2 You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action.
    13.3 You should be prepared to tell us the specific grace period at a site if our compliance team or our agents ask what it is.
    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.

    14 Misrepresentation of authority

    14.1 You must give clear information to the public about what parking activities are allowed and what is unauthorised. You must not misrepresent to the public that your parking control and enforcement work is carried out under the statutory powers of the police or any other public authority. You will be breaching the Code if you suggest to the public that you are providing parking enforcement under statutory authority.
    14.2 You must not use terms which imply that parking is being managed, controlled and enforced under statutory authority. This includes using terms such as ‘fine’, ‘penalty’ or ‘penalty charge notice’. 14.3 The abbreviation ‘PCN’ is also used to mean a ‘penalty charge notice’ in the regulated environment. Unless you have previously defined a PCN as a ‘parking charge notice’ on your signs and notices, you must avoid using the term ‘PCN’ to avoid confusing drivers about the nature of your parking enforcement.

    18 Signs

    18.1 A driver who uses your private car park with your permission does so under a licence or contract with you. If they park without your permission this will usually be an act of trespass. In all cases, the driver’s use of your land will be governed by your terms and conditions, which the driver should be made aware of from the start. You must use signs to make it easy for them to find out what your terms and conditions are.
    18.2 Entrance signs play an important part in establishing a parking contract and deterring trespassers. Therefore, as well as the signs you must have telling drivers about the terms and conditions for parking, you must also have a standard form of entrance sign at the entrance to the parking area. Entrance signs must tell drivers that the car park is managed and that there are terms and conditions they must be aware of. Entrance signs must follow some minimum general principles and be in a standard format. The size of the sign must take into account the expected speed of vehicles approaching the car park, and it is recommended that you follow Department for Transport guidance on this. See Appendix B for an example of an entrance sign and more information about their use.
    18.3 Specific parking-terms signage tells drivers what your terms and conditions are, including your parking charges. You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand. Signs showing your detailed terms and conditions must be at least 450mm x 450mm.
    following any applicable government signage regulations. See paragraphs 2(2), 2(3) and 12 of the Schedule.
    18.5 If a driver is parking with your permission, they must have the chance to read the terms and conditions before they enter into the contract with you. If, having had that opportunity, they decide not to park but choose to leave the car park, you must provide them with a reasonable grace period to leave, as they will not be bound by your parking contract.
    18.6 The wording you include on your specific parking terms signage is your decision. However, you should try to use plain and intelligible language in all your signs and information.
    18.7 You must not offer just a premium-rate number. If you do have a premium-rate number, you must also offer a standard-rate number you can be contacted on.
    18.8 You should display the BPA and AOS logos on all sites. This will help the public to see that you are a legitimate operator, and show that the site is run properly.
    18.9 Important: you may have to give other information on signs and notices under companies and consumer protection law and other legislation.
    18.10 So that disabled motorists can decide whether they want to use the site, there should be at least one sign containing the terms and conditions for parking that can be viewed without needing to leave the vehicle. Ideally this sign should be close to any parking bays set aside for disabled motorists.

    16 Disabled motorists
    16.1 The Equality Act 2010 says that providers of services to the public must make ‘reasonable adjustments’ to remove barriers which may discriminate against disabled people.
    16.2 ‘Reasonable adjustments’ to prevent discrimination are likely to include larger ‘disabled’ parking spaces near to the entrance or amenities for disabled people whose mobility is impaired. It also could include lowered payment machines and other ways to pay if payment is required: for example, paying by phone. You and your staff also need to realise that some disabled people may take a long time to get to the payment machine.
    16.3 Operators of off-street car parks do not have to recognise the Blue Badge scheme. But many choose to do so to meet their obligations under the Equality Act. Although a Blue Badge is not issued to all disabled people it is issued to those with mobility problems. So it is a good way for parking operators to identify people who need special parking provision.
    16.4 You are at risk of a claim under the Equality Act if you do not discourage abuse of the ‘disabled’ spaces. This means that you need to make sure the spaces are regularly checked to be sure they are not being used by people who do not have a disability.
    16.5 If your landowner provides a concession that allows parking for disabled people, if a vehicle displays a valid Blue Badge you must not issue it with parking charge notices

    19 Charges, and terms and conditions
    19.1 When you issue a parking charge notice the charges you make have to be reasonable. This section explains what reasonable charges are.
    19.2 In the Code ‘parking charges’ means charges arising from enforcement under three different circumstances:
    • when a motorist breaks the terms and conditions of a parking contract
    • when a motorist trespasses by parking without permission
    • agreed charges that are advertised in the contract; for example, for an overstay. It does not mean the normal tariff fees for parking.
    These are a matter for the landowner and operator and are outside the scope of the Code. Your terms and conditions will include your normal tariffs for parking, plus any parking charges if the driver breaks the contract or commits a trespass.
    19.3 If the driver breaks the contract, for example by not paying the tariff fee or by staying longer than the time paid for, or if they trespass on your land, they may be liable for parking charges. These charges must be shown clearly and fully to the driver on the signs which contain your terms and conditions.
    19.5 If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the genuine pre-estimate of loss that you suffer. We would not expect this amount to be more than £100. If the charge is more than this, operators must be able to justify the amount in advance.
    19.6 If your parking charge is based upon a contractually agreed sum, that charge cannot be punitive or unreasonable. If it is more than the recommended amount in
    19.5 and is not justified in advance, it could lead to an investigation by The Office of Fair Trading.
    19.7 If prompt payment is made (defined as 14 days from the issue of the parking charge notice) you must offer a reduced payment to reflect your reduced costs in collecting the charge. This reduction in cost should be by at least 40% of the full charge.
    19.8 If you are asked, you must be able to justify the level of parking charges to the AOS Board, a member of our compliance team or to their specified agent.
    19.9 You should warn drivers that if they delay payment beyond a payment period of 28 days, and you need to take court action or use debt-recovery methods to recover a debt, there may be extra ‘recovery’ charges for debt-recovery action. However, you do not need to say how much these recovery charges are in advance, on your signs or notices

    When we arrived at our holiday let in Tenby, we then seen the property was on the front of a narrow pavement onto double yellow lines in a busy town centre. We then proceeded on to the car park.

    We were also we were told by owner of the property we could get to the house to drop things off and we entered the car park to weigh things up after a 4 and a half hours journey. There were no spaces avialable for both my car and my parent in laws but we seen there was an opening to the back of the house in the corner or the car park.

    Due to my mother in law being disabled we wanted to find a safe place for her to get out of the car, also we unloaded our luggage and then left to stay in another car park.

    We checked on arrival and I do not recall the signs stating any grace periods on there so we thought a ticket purchase was not required.

    Therefore it is respectfully requested that this parking charge request appeal be upheld on every point.

    Regards,
    • mucker2308
    • By mucker2308 9th Oct 17, 3:21 PM
    • 20 Posts
    • 9 Thanks
    mucker2308
    any more feedback before submitting?
    • KeithP
    • By KeithP 9th Oct 17, 4:44 PM
    • 4,446 Posts
    • 2,775 Thanks
    KeithP
    Just my thoughts:

    As Umkomaas said, this is just several sections of a CoP pasted together.

    You have made no effort to show how the PPC has not complied with this CoP.

    POPLA doesn't do mitigating circumstances, so your last few sentences will be ignored.
    .
    • mucker2308
    • By mucker2308 9th Oct 17, 10:41 PM
    • 20 Posts
    • 9 Thanks
    mucker2308
    Dear whom it concerns.

    I am writing to you today due to a declined appeal from Premier Park Ltd from a stay in the Tenby car park and believe the below validates my appeal.

    NO LANDOWNER CONTRACT

    7 Written authorisation of the landowner
    7.1 If you do not own the land on which you are carrying out parking management, you must have the written authorisation of the landowner (or their appointed agent) before you can start operating on the land in question. The authorisation must give you the authority to carry out all the aspects of the management and enforcement of the site that you are responsible for. In particular, it must say that the landowner requires you to keep to the Code of Practice, and that you have the authority to pursue outstanding parking charges, through the courts if necessary.
    7.2. The written authorisation must also set out: a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement f whether or not the landowner authorises you to take legal action to recover charges due from drivers charged for unauthorised parking.
    7.3 Our compliance team are responsible for making sure that you follow the Code. If the team give you reasonable notice, you must allow our appointed manager to inspect the landowner’s written authorisation.

    I request all evidence to be provided to ensure they have the land owner authority.

    BPA CoP GRACE PERIODS

    13 Grace periods
    13.1 Your approach to parking management must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period without having their vehicle issued with a parking charge notice.
    13.2 You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action.
    13.3 You should be prepared to tell us the specific grace period at a site if our compliance team or our agents ask what it is.
    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.

    I do not feel the grace period was taken into our situation, explaining below we were in an unfamiliar area and had to make a quick decision and move on (as quick as we possibly could), I feel 11 minutes is not long enough taking my mother in laws disabilities into account.

    14 Misrepresentation of authority

    14.1 You must give clear information to the public about what parking activities are allowed and what is unauthorised. You must not misrepresent to the public that your parking control and enforcement work is carried out under the statutory powers of the police or any other public authority. You will be breaching the Code if you suggest to the public that you are providing parking enforcement under statutory authority.
    14.2 You must not use terms which imply that parking is being managed, controlled and enforced under statutory authority. This includes using terms such as ‘fine’, ‘penalty’ or ‘penalty charge notice’. 14.3 The abbreviation ‘PCN’ is also used to mean a ‘penalty charge notice’ in the regulated environment. Unless you have previously defined a PCN as a ‘parking charge notice’ on your signs and notices, you must avoid using the term ‘PCN’ to avoid confusing drivers about the nature of your parking enforcement.

    18 Signs

    18.1 A driver who uses your private car park with your permission does so under a licence or contract with you. If they park without your permission this will usually be an act of trespass. In all cases, the driver’s use of your land will be governed by your terms and conditions, which the driver should be made aware of from the start. You must use signs to make it easy for them to find out what your terms and conditions are.
    18.2 Entrance signs play an important part in establishing a parking contract and deterring trespassers. Therefore, as well as the signs you must have telling drivers about the terms and conditions for parking, you must also have a standard form of entrance sign at the entrance to the parking area. Entrance signs must tell drivers that the car park is managed and that there are terms and conditions they must be aware of. Entrance signs must follow some minimum general principles and be in a standard format. The size of the sign must take into account the expected speed of vehicles approaching the car park, and it is recommended that you follow Department for Transport guidance on this. See Appendix B for an example of an entrance sign and more information about their use.
    18.3 Specific parking-terms signage tells drivers what your terms and conditions are, including your parking charges. You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand. Signs showing your detailed terms and conditions must be at least 450mm x 450mm.
    following any applicable government signage regulations. See paragraphs 2(2), 2(3) and 12 of the Schedule.
    18.5 If a driver is parking with your permission, they must have the chance to read the terms and conditions before they enter into the contract with you. If, having had that opportunity, they decide not to park but choose to leave the car park, you must provide them with a reasonable grace period to leave, as they will not be bound by your parking contract.
    18.6 The wording you include on your specific parking terms signage is your decision. However, you should try to use plain and intelligible language in all your signs and information.
    18.7 You must not offer just a premium-rate number. If you do have a premium-rate number, you must also offer a standard-rate number you can be contacted on.
    18.8 You should display the BPA and AOS logos on all sites. This will help the public to see that you are a legitimate operator, and show that the site is run properly.
    18.9 Important: you may have to give other information on signs and notices under companies and consumer protection law and other legislation.
    18.10 So that disabled motorists can decide whether they want to use the site, there should be at least one sign containing the terms and conditions for parking that can be viewed without needing to leave the vehicle. Ideally this sign should be close to any parking bays set aside for disabled motorists.

    I do not recall the signs on entering the car park stating what would be the time period for entering a contract. When arriving in such a busy town centre I do not believe we would have had the opportunity to read the terms and conditions of Premier Park's contract whilst not leaving the vehicle, I request all evidence of the signs proving they comply with this.

    16 Disabled motorists
    16.1 The Equality Act 2010 says that providers of services to the public must make ‘reasonable adjustments’ to remove barriers which may discriminate against disabled people.
    16.2 ‘Reasonable adjustments’ to prevent discrimination are likely to include larger ‘disabled’ parking spaces near to the entrance or amenities for disabled people whose mobility is impaired. It also could include lowered payment machines and other ways to pay if payment is required: for example, paying by phone. You and your staff also need to realise that some disabled people may take a long time to get to the payment machine.
    16.3 Operators of off-street car parks do not have to recognise the Blue Badge scheme. But many choose to do so to meet their obligations under the Equality Act. Although a Blue Badge is not issued to all disabled people it is issued to those with mobility problems. So it is a good way for parking operators to identify people who need special parking provision.
    16.4 You are at risk of a claim under the Equality Act if you do not discourage abuse of the ‘disabled’ spaces. This means that you need to make sure the spaces are regularly checked to be sure they are not being used by people who do not have a disability.
    16.5 If your landowner provides a concession that allows parking for disabled people, if a vehicle displays a valid Blue Badge you must not issue it with parking charge notices

    19 Charges, and terms and conditions
    19.1 When you issue a parking charge notice the charges you make have to be reasonable. This section explains what reasonable charges are.
    19.2 In the Code ‘parking charges’ means charges arising from enforcement under three different circumstances:
    • when a motorist breaks the terms and conditions of a parking contract
    • when a motorist trespasses by parking without permission
    • agreed charges that are advertised in the contract; for example, for an overstay. It does not mean the normal tariff fees for parking.
    These are a matter for the landowner and operator and are outside the scope of the Code. Your terms and conditions will include your normal tariffs for parking, plus any parking charges if the driver breaks the contract or commits a trespass.
    19.3 If the driver breaks the contract, for example by not paying the tariff fee or by staying longer than the time paid for, or if they trespass on your land, they may be liable for parking charges. These charges must be shown clearly and fully to the driver on the signs which contain your terms and conditions.
    19.5 If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the genuine pre-estimate of loss that you suffer. We would not expect this amount to be more than £100. If the charge is more than this, operators must be able to justify the amount in advance.
    19.6 If your parking charge is based upon a contractually agreed sum, that charge cannot be punitive or unreasonable. If it is more than the recommended amount in
    19.5 and is not justified in advance, it could lead to an investigation by The Office of Fair Trading.
    19.7 If prompt payment is made (defined as 14 days from the issue of the parking charge notice) you must offer a reduced payment to reflect your reduced costs in collecting the charge. This reduction in cost should be by at least 40% of the full charge.
    19.8 If you are asked, you must be able to justify the level of parking charges to the AOS Board, a member of our compliance team or to their specified agent.
    19.9 You should warn drivers that if they delay payment beyond a payment period of 28 days, and you need to take court action or use debt-recovery methods to recover a debt, there may be extra ‘recovery’ charges for debt-recovery action. However, you do not need to say how much these recovery charges are in advance, on your signs or notices

    When we arrived at our holiday let in Tenby, we then seen the property was on the front of a narrow pavement onto double yellow lines in a busy town centre. We then proceeded on to the car park.

    We were also we were told by owner of the property we could get to the house to drop things off and we entered the car park to weigh things up after a 4 and a half hours journey. There were no spaces available for both my car and my parent in laws but we seen there was an opening to the back of the house in the corner or the car park, we moved on as quick as we could.

    I would like to know why Premier Park feel it suitable to issue this ticket when we were unable to park into a space.

    Therefore it is respectfully requested that this parking charge request appeal be upheld on every point.




    Keith P thanks for your feedback, I have spent hours trying to find what I thought was the information needed, I honestly thought I was the one step further every time I posted. This topic is certainly one I can get lost in to say the least!

    Never the less the last date to submit is the next couple of days so will prob go with my last amendment.
    • Umkomaas
    • By Umkomaas 10th Oct 17, 7:04 AM
    • 15,471 Posts
    • 24,183 Thanks
    Umkomaas
    As I told you in post #6, almost a month ago (!) there are ready-written template appeal points to use as the backbone of your POPLA appeal in the NEWBIES FAQ sticky, post #3. Use them to start you off (and as an example to develop any more you wish to use).

    Have you done a forum search (use ‘Show Posts’, not the default ‘Show Threads’) using the search term ‘Premier POPLA’ where you will find other appeals to plagiarise?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
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