IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Britannia Parking & POPLA decision

Options
Khabie786
Khabie786 Posts: 1 Newbie
edited 28 October 2016 at 4:32PM in Parking tickets, fines & parking
This is my 1st post on this forum but couldn't contain my self so had to share my experience.
In September I Received a letter in the post from Britannia Parking saying I am the Registered keeper of the Vehicle in the Photo and was Liable for A Penalty Charge of £50 and if not paid going up to £85. I then done a bit of research using Forums like this I formulated a response to Britannia (Not declaring the Driver of the vehicle), This was rejected by them. Even though the Signs saying that there was ANPR were contradictory to the signs posted around the Car Park that was being Used, I then took it to POPLA I used material I found on-line & this Forum. I got a response from POPLA 09.10.16 saying that Britannia had forwarded all there material to them l and I had 7 days from the Letter date which was 06.10.2016 to respond. I contacted BP asking where my paper work was, I received a response later that day saying it was in the post sent on the 7th I had received nothing on the 10th, I complained to POPLA saying that I had not Received any material from Britannia so was unable to dispute anything within the required time frame. I was given a 7 day extension. After I did finally receive the evidence in the post from BP, It was clear that they had failed in some basic requests I had made, My vehicle was parked in the hours of Darkness the pics they showed were in daylight none of the signs in the Car Park have any lighting near them. They even managed to show a picture of 2 signs next to each other with contradictory signs 1 saying ANPR parking £85 charge and the older original sign no mention of cameras but £100 charge. They sent a picture with the sign saying ANPR and a drill next to it but was not date stamped. I then added extra information with regards this information. On 26.10.2016 I received a reply from POPLA telling me my appeal was successful on the grounds that Britannia parking had NOT followed the Protection of freedoms of information act when accusing the registered keeper of being liable for the fine.
Because I responded stating I as the registered keeper didn't want to name the driver, Britannia Parking did not Follow PoFA 2012 therefore only the driver can be held liable and because Britannia did not identify the drive the Charge was overruled.

Comments

  • Coupon-mad
    Coupon-mad Posts: 152,350 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Khabie786 wrote: »
    This is my 1st post on this forum but couldn't contain my self so had to share my experience.

    In September I Received a letter in the post from Britannia Parking saying I am the Registered keeper of the Vehicle in the Photo and was Liable for A Penalty Charge of £50 and if not paid going up to £85.

    I then done a bit of research using Forums like this I formulated a response to Britannia (Not declaring the Driver of the vehicle), This was rejected by them. Even though the Signs saying that there was ANPR were contradictory to the signs posted around the Car Park that was being Used, I then took it to POPLA I used material I found on-line & this Forum.

    I got a response from POPLA 09.10.16 saying that Britannia had forwarded all there material to them l and I had 7 days from the Letter date which was 06.10.2016 to respond. I contacted BP asking where my paper work was, I received a response later that day saying it was in the post sent on the 7th I had received nothing on the 10th, I complained to POPLA saying that I had not Received any material from Britannia so was unable to dispute anything within the required time frame.

    I was given a 7 day extension.

    After I did finally receive the evidence in the post from BP, It was clear that they had failed in some basic requests I had made, My vehicle was parked in the hours of Darkness the pics they showed were in daylight none of the signs in the Car Park have any lighting near them.

    They even managed to show a picture of 2 signs next to each other with contradictory signs 1 saying ANPR parking £85 charge and the older original sign no mention of cameras but £100 charge.

    They sent a picture with the sign saying ANPR and a drill next to it but was not date stamped. I then added extra information with regards this information.

    On 26.10.2016 I received a reply from POPLA telling me my appeal was successful on the grounds that Britannia parking had NOT followed the Protection of freedoms of information act when accusing the registered keeper of being liable for the fine.

    Because I responded stating I as the registered keeper didn't want to name the driver, Britannia Parking did not Follow PoFA 2012 therefore only the driver can be held liable and because Britannia did not identify the drive the Charge was overruled.

    I've added paragraphs to avoid the curse of the 'wall of text' which people do not read. Thanks for posting this info for newbies to read, so they can see that cases can be won just by following the advice here an appealing as keeper, not driver.

    Those signs sound shocking!

    I helped a friend win an appeal v Britannia the other month. As well as saying that they had not complied with the POFA, I was able to point out the photos were all taken at the same time, around 1pm, by a hand-held camera... so there was no evidence of the 'overstay' from 11am till gone 1pm that Britannia were alleging. They never take photos at the arrival parking time so alleging overstay is unprovable.

    Oh, and at the site in question, Britannia have NO SIGNS AT ALL but I am content not to report them to the BPA as it is useful to have that as an appeal point for anyone who parks there. The appeal never even went to POPLA so nothing has changed!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Just had a reply via email that my appeal was received but not accepted and that I had 28 days to pay £60 or it jumps to £100. I said I didn't know who was driving. It was anpr..
    Think I just have to pay?? It took ages to be able to park... and then the tailor we were going to see (for sons wedding) had shut the shop due to medical grounds, so we had to wait for him to come in especially... I never mentioned all of the tailor bit as I just went for the no-idea driver angle.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    just follow the above and appeal to popla using the usual legal arguments, including grace periods where driving round is not parking

    please start your own thread if you need further help
  • Coupon-mad
    Coupon-mad Posts: 152,350 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just had a reply via email that my appeal was received but not accepted and that I had 28 days to pay £60 or it jumps to £100. I said I didn't know who was driving. It was anpr..
    Think I just have to pay?? It took ages to be able to park... and then the tailor we were going to see (for sons wedding) had shut the shop due to medical grounds, so we had to wait for him to come in especially... I never mentioned all of the tailor bit as I just went for the no-idea driver angle.

    You have not said if this was POPLA stage or first stage appeal so please make this clear in your own thread. You just use the 'new thread' button and no, it's not here on this page because you can't start a thread on a thread.

    NO reply here please but we suggest you please read the NEWBIES FAQs thread first.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.1K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.1K Work, Benefits & Business
  • 599.2K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.