Photographic evidence in PCN

gwarde

Hi Guys

I have recently received a Charge Notice (notice the lack of word parking) from a company called Spring Parking regarding an 18 minute overstay in a shoppers car park in Dereham, Norflok. I have appealed using the template letter on the newbies page and am hoping this will do the trick. Planning for a POPLA appeal, I have one further question regarding the photographic evidence they sent me. The photo clearly shows my car entering the car park at 11:42 and a second photo leaving at 15:00, there is no photo of my car parked in the car park, just entering and leaving. Is this an area I should look into, i.e. do these photos prove that the driver parked for 18 minutes too long? Not sure if anybody has had this type of PCN before, can I claim that the driver drove around the car park for 19 minutes before parking?

Thanks

Umkomaas

Don't be distracted by any of the 'circumstances', they are largely irrelevant, hard to understand if you're not au fait with private parking issues, but that's the situation, so don't waste any energy chasing shadows.

This needs to be beaten on technical and legal grounds at POPLA, the main points of attack will be all or most of the following:

1. No genuine pre-estimate of loss (GPEOL)
2. Signage
3. No Contract with landowner to pursue charges in their own name at court
4. No proprietary interest in the land
5. Unlawful Penalty Charge
6. ANPR Accuracy

Have a read of the 'How to win at POPLA' section of the NEWBIES sticky (post #3) with the above points in mind.

Once you've received your appeal result (almost inevitably a rejection), if it contains a POPLA verification code, check that using the Parking Cowboys website checker. Then if that's ok prepare your draft appeal - copy & paste from others is fine, providing it makes sense, reflects your situation and you understand what it is you are copying - put your draft up here for fine tuning, then off to POPLA and await the outcome 5-6 weeks later.

gwarde

Thanks, sounds like good advice so I will wait for the inevitable refusal of appeal and then go down the POPLA route. I am happy with points 1,2 and 5. What is the best way to attack points 3,4 and 6?

Stroma

It's not up to you prove that, it's down to the parking company too, they must provide the evidence that their systems work, and that they have permission to ticket with sufficient interest in the land, and to prove it's not a penalty.

They will fail on all of it, but popla will decide on only one point, likely genuine pre estimate of loss.

gwarde

Thanks again, I'll get stuck into POPLA appeal section and start my draft!