Little bit of advice needed before I appeal

goneparkingmad

I'd like to ask the assistance of the forum group to help me pre write the popla appeal ( i know i don;t have the code yet) but, I am getting married at the end of the month and things will get a little more than chaotic as we are travelling overseas following the wedding. I don't want to have to compose a letter to Popla while off on honeymoon. So please can someone give me some pointers on what to put in my popla letter to help me win ? Thanks in advance

Umkomaas

Check out post #3 of the newbies FAQ sticky, which has links to previous POPLA appeals for a number of different parking companies. Use the appeals in those threads as a framework to commence your own drafting. Use only those where the POPLA appeal is dated from around March 2016 or later.

Try to find a recent Premier Park POPLA appeal by doing a forum search on 'Premier POPLA' (leave out the 'Park' bit or you'll drag up virtually every thread on the forum, as 'Park' appears in almost all).

Read about recent POPLA Decisions in the sticky by the same name. They will give you a good idea on the winning points POPLA is upholding. Again, cases from around March 2016 and later.

Post up your draft appeal for a quick once-over by regulars before submitting to POPLA, but no one will be able to go through it with a fine toothcomb, (sometimes because of pressure on the forum, you may not even get a response) so you do need to put in the work to bring an 'almost ready' draft for us.

goneparkingmad

HI all,
Still no POPLA code and they wanted the drivers details by the 2 August. Obviously I didn't reply to their email asking for the drivers details and they advised me in that same letter that the registered keeper would become liable if i didn't provide it to them by the 2nd August, Is there a time limit on them to give me the POPLA code as I am really hoping to get it to hand before i leave end of next week. Any advice?

Umkomaas

35 days from the date they received your initial appeal.

goneparkingmad

Ok thanks for that, what if it doesn't arrive then?

goneparkingmad

Have drafted my POPLA letter in preparation as my wedding is coming up and do not want to have to be thinking of this on honeymoon. Please can someone kindly direct me to the area where it tells me how to add dropbox files? tried the add link ( globe above with paperclip) but that wouldn't work Thank you

DoaM

Simply post a link and replace http with hxxp. (Do NOT try to use the URL tags ... just post the link as text).

goneparkingmad

Fingers crossed it works this time.. Here is my draft POPLA Appeal.. I would immensly appreciate it if someone could give any suggestions or changes please. I have my POPLA code at the ready and will send this off tomorrow so that it is dealt with.

hxxp://www.dropbox.com/s/v2jubfgdxkz8amn/POPLA%20Code.docx?dl=0

Photos are here:

hxxp://www.dropbox.com/s/8d7qpqe5ye9k0ov/20160817_132918.jpg?dl=0
hxxp://www.dropbox.com/s/nv857a427jshrtz/20160817_132950.jpg?dl=0
hxxp://www.dropbox.com/s/7eggrhantpk8wjy/20160817_133008.jpg?dl=0

parkingwoes_2

It is better if you post the appeal here for critique.

You should also find you are able to provide clickable links yourself now :-)


However the appeal will need work - you can cut out GPEOL completely as an appeal point as that is likely to give an instant refusal and bland copy and paste by the Assessors about Beavis

goneparkingmad

POPLA Code: ######
Re: Premier Park Ltd PCN #####

Dear POPLA Adjudicator
I write to appeal the above PCN issued by Premier Park. I submit the points below to show that I am not liable for the parking charge.
1. The Notice to Keeper is not compliant with POFA 2012- no keeper liability
2. Inadequate signage/ ANPR Signage Requirements
3. Grace Period

1. The Notice to Keeper is not compliant with the POFA 2012- no keeper liability This operator fails the Schedule 4 wording on the same basis that another recent (same wording) Premier Park 'Notice to Keeper' was found as non-compliant by Ombudsman POPLA Assessor Timothy Jessop (and other Assessors since) so for consistency, I point out this decision from just weeks ago which is in the public domain: http://forums.moneysavingexpert.com/showthread.php?p=70454598#post70454598

Assessors Name - Timothy Jessop POPLA Code - 6662515562 Aquila Residential Aprtments Cardiff Bay Allowed – March 2016 Your parking charge Appeal against Premier Park.As the appellant has not been identified as the driver I must ensure this PCN has met the requirements of PoFA. Schedule 4, Paragraph 9 of PoFA states the PCN must (9f) warn the keeper that if after the Period of 28 days beginning with the day after that on which the notice is given —(i) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii) the creditor does not know both the name of the driver and a current address for service for the driver, The creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;”The PCN issued to the appellant states “If within 28 days we have not received full payment or driver details, under Schedule 4 of the Protection of Freedoms Act 2012, we have the right, subject to the requirements of the Act, to recover the parking charge amount that remains unpaid from the keeper o / the vehicle. “
I this case I do not consider or that the operator has, fully met the requirements of PoFA as by informing the appellant it can seek to recover payment after 28 days, it has failed to meet section (9f) as this 28 day period will not begin until the day after the notice is given.As such I cannot conclude that the PCN has been issued correctly.

Also, the alleged infringement occurred on the 6 July 2016 and as the POFA 2012 act below states that the notice to keeper is assumed to reach the keeper by the second working day after the day on which it is posted. And for this purpose ‘ working day’ means any day other than a Saturday or Sunday or public holiday in England or Wales. I received the NTK on the 16th July, which is clearly outside of the relevant period. (4)The notice must be given by—(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or (b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period. (5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given. (6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day”means any day other than a Saturday, Sunday or a public holiday in England and Wales.

2. Inadequate signage/ ANPR Signage Requirements/ Grace Period This car park is Maximum Stay 3 hours- No return in 30 min. Having received the Notice in the post there is very little information so the site was revisted and checked the signage and it seems that up to 3 hours is permissible, with no option to purchase a ticket for longer. As you will see from the attached photographs of Premier Parks signage, the charge for staying longer than 3 hours is not in BOLD letters nor is it in big letters.

https://www.dropbox.com/sc/y7snggcksoskr9b/AABxIdUZLpb7GMCePryekfBMa

This car park alleges it uses camera enforcement, no details are given for what the cameras are enforcing nor does it say that it is ANPR cameras that are used. Because the NTK was received by post one would assume ANPR were used. ANPR cameras are parked at the entrance and exit to the car park recording when a car passes the entrance and when it exits.
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.

Firstly, the cameras must be used in a transparent manner. Now, the problem with ANPR tickets is that they time how long you were in the car park, not how long you were actually parked. I therefore argue that in order to meet the transparency requirement, the signage should state the timing is from the point of entry and exit to the car park. If that is not done, how could a motorist have reasonably known this? Your signage must say what the parking company will use the ANPR data for. I would strongly suggest that for the timing to be compliant it should state that the ANPR system is used to determine the length of stay in the car park.

3. Grace Period In this case the overstay was 12 mins and BPA guidelines state there is a grace period of ten minutes after entry and ten mins to exit, this clearly falls within these guidelines. However, the time between the two photos would be the time parked PLUS time looking for a space, parking and the time leaving the car park. With this in mind it is quite logical to assume that if it takes 10 mins to leave the car park, it could equally have taken 10 mins to find a space and park the car. In this case the time factor is 12 mins. Enc Attached are photos of the Premier Park Signage at this location. No grace period was accorded, as per BPA guidance:
The BPA’ s guidance defines the ‘ grace period’ as the time allowed after permitted or paid-for parking has expired but before any kind of enforcement takes place.
For Reference from the BPA Code of Practice October 2015 V6 relating to Grace Periods states that:
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 minute