popla appeal

whe46

Have read lots of posts and threads referring to POPLA appeals and what seems to be the winning factor is the point referring to
'not a genuine pre estimate of loss, so l have kept the appeal to the point and not inserted details about only stopping for 2 minutes etc. Do l need it to be less of a template? Or is this sufficient?






Dear POPLA
Re verification code .......

As the registered keeper I wish my appeal to be considered on the following grounds.

1) Amount demanded is a penalty not a genuine pre estimate of loss
2) Not relevant Land under POFA 2012; no registered keeper liability
3)No landowner contract nor legal standing to form contracts or charge drivers
4) No Contract with driver
5) Misleading and unclear signage
6) Non-compliant ANPR 'hidden camera van' at this location which is not a car park



1) The amount demanded is a penalty and not a Genuine Pre-estimate of loss.
The parking charge does not represent a genuine pre-estimate of loss and therefore is unfair as defined in the Unfair Terms in Consumer Contracts Regulations 1999. Parking charges cannot include business costs which would occur whether or not the alleged contravention took place. The amount claimed is excessive and is being enforced as a penalty for allegedly stopping,
.
2) Not Relevant Land as defined under POFA 2012; no registered keeper liability.
The driver has not been identified, yet VCS are claiming POFA 2012 registered keeper liability for this charge. The registered keeper is not liable for this charge as Doncaster Airport is designated as an airport by the Secretary of State and therefore roads within the airport are subject to airport bylaws and so POFA 2012 does not apply

3) No landowner contract nor legal standing to form contracts or charge drivers
As VCS are not the owners of this land and as such they cannot form a contract with the driver, I wish VCS to provide me with a full un-redacted copy of their contract with the landowner which allows them to form such a contract. A witness statement as to the existence of such a contract is not sufficient

4) No contract with driver.
If a contract is to be formed, upon entering the site a driver must be able to read, understand and agree to the terms and conditions A driver could not stop in order to read the signs as they enter the road as they by doing so they would block the junction

5) Misleading and unclear signage.
The alleged contravention is 'stopping on a clearway' which is a misleading term because of its similarity to the Highways Agency term 'urban clearway'. If VCS intend this apparently private road to treated by drivers as an urban clearway then the signs and terms used must be compliant with the TRSGD2002 or they will be misleading and confusing to drivers. The signs at this location do not comply with road traffic regulations or their permitted variations and as such are misleading. Any repeater signs in this area do not face the oncoming traffic and are sporadically placed if at all at this junction. So they are unable to be seen by a driver and certainly cannot be read without stopping, and therefore do not comply with the BPA code of practice. VCS are required to show evidence to the contrary.

I would draw the assessor's attention to the 'No Stopping Zones' section of the Chief Adjudicator's first Annual POPLA Report 2013:

''It is therefore very important that any prohibition is clearly marked; bearing in mind that such signage has to be positioned, and be of such a size, as to be read by a motorist without having to stop to look at it. Signs on red routes, unlike those indicating most parking restrictions, are generally positioned to face oncoming traffic, rather than parallel to it.''

6) Non-compliant ANPR 'hidden camera van' system at this location which is not a car park
The BPA code of practice contains the following:
''21 Automatic number plate recognition (ANPR)
21.1 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 at the car park must tell drivers that you are using this technology and what you will use the data captured by ANPR cameras for.
21.2 Quality checks: before you issue a parking charge notice you must carry out a manual quality check of the ANPR images to reduce errors and make sure that it is appropriate to take action. Full details of the items you should check are listed in the Operators’ Handbook.
21.3 You must keep any ANPR equipment you use in your car parks in good working order. You need to make sure the data you are collecting is accurate, securely held and cannot be tampered with. The processes that you use to manage your ANPR system may be audited by our compliance team or our agents.
21.4 It is also a condition of the Code that, if you receive and process vehicle or registered keeper data, you must:
• be registered with the Information Commissioner
• keep to the Data Protection Act
• follow the DVLA requirements concerning the data
• follow the guidelines from the Information Commissioner’s Office on the use of CCTV and ANPR cameras, and on keeping and sharing personal data such as vehicle registration marks.''

At this location, the secret camera van does not operate in a reasonable, consistent and transparent manner and I contend that VCS have failed to meet the requirements of all of the above points in the BPA Code of Practice. They will need to show evidence to the contrary on every point, and explain how this hidden camera van can be compliant when this is not a car park, it is a road, and there is no opportunity for drivers in moving traffic to be informed that this technology is in use and what VCS will use the data captured by ANPR cameras for. VCS have breached the BPA Code of Practice as regards the use of a non-compliant ANPR system being merely a van fitted with a hidden camera, patrolling land which is not a 'car park' and neither 'managing, enforcing nor controlling parking'.

Coupon-mad

Yay! You've cracked it! Now to crack the POPLA online appeal system (you may have to use Firefox as a browser to stop it appearing to be an invalid code).

kirkbyinfurnesslad_2

Well done on cracking it .

A litter help and you got there by yourself

Guys_Dad

kirkbyinfurnesslad wrote: »

Well done on cracking it .

A litter help and you got there by yourself

Following the paper trail, I presume? :rotfl::rotfl:

You are another one using my spelling checker!!!!!!!!!!!!!

kirkbyinfurnesslad_2

Guys_Dad wrote: »

Following the paper trail, I presume? :rotfl::rotfl:

You are another one using my spelling checker!!!!!!!!!!!!!

Lol haha
https://www.parkingticketappeals.org.uk

whe46

At last although l did need an awful lot of help. Just hope it works .:)

whe46

That might have to wait until tomorrow, but sincere thanks

kirkbyinfurnesslad_2

whe46 wrote: »

At last although l did need an awful lot of help. Just hope it works .:)

It will do:) when you get the evidence pack from vcs can you come straight back though pls, and send it to me via email, ill give u my address when the time comes

Dont forget that pls:)

hoohoo

Lool ahah














Some more stuff to make my message 10 chars long

whe46

Evidence pack ?
oh no that sounds like a lot of reading.::(