Britannia Parking Poole appeal

Workandpay

Having read the advice here I appealed through POPLA on the grounds that Britannia took 22 days to send me the PCN (well past the 14 days specified in POFA)

All I remember about the incident is that I tried to buy a ticket and paid, as far as I can remember, but I had trouble with the machine. Anyway they have come back with data showing that around that time, my reg number was not entered.

In their letter they also state that "it is not a requirement for the PCNs that we must notify you within 14 days. This only applies if we refer to the Keeper Liability provisions in Schedule 4 of POFA 2012 when we issue a PCN. As we did not we have 35 days to notify you of the PCN"

I told them that I was the driver when I first responded to their PCN.

Are they correct about this 35 days?

Redx

pofa does not apply if you were daft enough to admit to being the driver

they had 35 days to give you the decision after you appealed

pappa_golf

having taken the advice here I appealed through POPLA on the grounds that Britannia took 22 days to send me the PCN.


if that was the only thing you appealed then its no wonder you lost.
they make it up as they go along + you named yourself as driver?


you are now in a position of waiting to see if they start court proceedings (6 yrs)


you will of course ask for a full printout from the pay and display machine and a full printout from the ANPR camera system for the same period to be produced in court.


what makes you believe that Britannia parking own the land? search on the land registry or local council office could throw up the truth


I would also suggest , due to this possibly ending in a gladstones/BW "special" that you return to the car park ASAP and get good, clear photos , as the signage may change in the next 6 yrs

Workandpay

I haven't lost the appeal yet - I have 7 days to respond to POPLA having received a response to my appeal from Britannia.

pappa_golf

ok now you know the 35 day rule , what is your appeal going to say ?

Workandpay

seems that there is very little I can appeal on. I have no evidence to show I paid. May have to just pay the fine.

pappa_golf

you will of course ask for a full printout from the pay and display machine and a full printout from the ANPR camera system for the same period to be produced in court.


this will then show if a person entered the wrong number , as the car will not appear on the ANPR

Redx

Workandpay wrote: »

seems that there is very little I can appeal on. I have no evidence to show I paid. May have to just pay the fine.

there is no "fine", just a speculative invoice that you are disputing

Coupon-mad

Workandpay wrote: »

seems that there is very little I can appeal on. I have no evidence to show I paid. May have to just pay the fine.

No-one pays Britannia.

Let's rewind this. What did your POPLA appeal say, exactly (please tell us you kept a copy)? You are at evidence pack stage so please also show us that entire evidence pack by hosting the paperwork as photos or scans, in Dropbox or on tinypic, etc. Link the pages here and your POPLA appeal please.

We want to see the entire evidence pack please.

If you can't post working links, post broken ones (change the 'http' to 'hxxp' for every linked page). Don't try to post a zip file or anything clever here as some might not be able to open it. I doubt Britannia have come up with dozens of pages...!

We'll try to rescue it but - even if you lose at POPLA - you STILL do not actually PAY Britannia you know! It's not a fine, even a POPLA loss is not a binding decision either, unless you win in which case it's binding on Britannia!

Workandpay

Thanks for your help Coupon Mad and also RedX and Pappa Gold.

OK I didn't keep a record of my Popla appeal because I wrongly assumed I would be able to log back in and see it.

My appeal to Popla was based purely on the fact that they took 22 days to send the PCN to me. Turns out that doesn't apply as I admitted to being the driver.

I also said that I made at least two attempts to pay. One machine was out of order, but I paid at the other. I can't remember if I got a ticket or not. Either way they were paid for the time I parked there.

That's it, I am afraid. I threw all my tickets away after the trip to Poole.

Britannia sent me APNR pictures showing me entering and leaving the car park and a machine print out shwoing a list of the reg numbers around the time I was there and my car wasn;t on it.

I have to respond to POPLA tomorrow with my comments on Britannia's evidence.

What do you suggest? Thanks in advance.

Coupon-mad

I wouldn't bother with comments then and hope POPLA aren't convinced that you did admit to being the driver. We've seen them do that in a surprise decision before now! Someone who thought they had given away the driver at their first appeal, won at POPLA based on no keeper liability...

You can't introduce new points at comments stage so I wouldn't bother. Let POPLA decide, knowing it's not binding on you.

Either way you don't pay this. Britannia don't sue people, it will just be a case of ignoring the usual daft letters and demands. I've ignored them before POPLA existed, it's what everyone did for years of course, POPLA being relatively new.