Britannia Parking help with POPLA appeal please

yoni_one

Hi
Any advice appreciated ASAP as the POPLA needs to be in by 16.02.17 (tomorrow).

The vehicle was issued with a windscreen ticket by Britannia Parking on 17.12.16. Following advice on this forum on approx. day 24 they completed an online appeal and used the template appeal for BPA members challenging signage.

On 19.01.17 they received an email from Britannia Parking stating the appeal was not accepted. Within the email it states:

'The Parking Charge Notice was issued to your vehicle because you failed to purchase a valid ticket. It is the driver’s responsibility to ensure that they have read and understood the terms and conditions for using the car park.

Britannia Parking is an active member of the British Parking Association (BPA) and we follow their Approved Operators Scheme, Code of Practice at all times. Our car parks are regularly audited and our signage at this car Park has been approved by the BPA. We meet all the requirements for our signage as advised under section 18 and 19 for England and Wales or Section 28 for Scotland, of the BPA’s Code of Practice, in regards to signage and notifying the driver of the terms and conditions.

Therefore we consider there to be sufficient, clearly visible signage in the car park to draw your attention to the terms and condition of the parking contract that is on offer. By leaving your vehicle in the car park you have broken the terms and conditions and therefore we believe the Parking Charge Notice to be valid and correctly issued.

We have issued this PCN on the date of the contravention to the driver, and have not yet contacted the DVLA to inform the keeper of this PCN.

On 25.01.17 the keeper of the vehicle received a PCN (is this the same as a NtK?) that states 'Please be advised that the driver of the motor vehicle is required to pay this parking charge in full. As we do not know the drivers name or current address, and f you were not the driver of the vehicle at the time, you should tell us the name and the current postal address of the driver and pass this notice to them for payment.'

POPLA appeal - The keeper of the vehicle believes it may be appropriate to use any of the templates for Signage, No 'driver' Liability or Landowner Authority however they have not found a coherent way of constructing it together. Nor have they yet to see the layout of the POPLA appeal system and they are concerned about beginning the online process unprepared.

The keeper of the vehicle is a US permanent resident who occasionally works in the UK and will return to the US next week with no current plans to return to the UK in the near future. The keeper will therefore not have regular access to post.

If anyone can advise in time to put in the POPLA appeal I would be very very thankful.

yoni_one

twhitehousescat wrote: »

CAR PARK 2015 LIMITED

Company number 02389707


is it "brittania parking" as they do not exist?

you might have just told them the drivers full name and USA address

Hi, thanks for the prompt response.

Yes. Britannia Parking is correct as per all paperwork.

The keeper of the vehicle provided their own name and UK address in the appeal and not that of the driver, as recommended on the Newbies thread.

Do you have any advice re the POPLA please?

yoni_one

Britannia Parking website below.

http://www.britpark.com/

How should it be handled when the keeper is a US resident?

yoni_one

twhitehousescat wrote: »

22 Mar 2016 Notice of move from Administration to Dissolution on 11 March 2016

on 22 Jun 2016 Final Gazette dissolved following liquidation the company was no more

25 Jan 2017 Restoration by order of the court company reformed

at the time your ticket was issued , no company existed

maybe you should remind them, and the BPA

Very interesting....

and have not yet contacted the DVLA to inform the keeper of this PCN. I wonder why?

I suspect this is in response to the appeal template not giving consent?

Coupon-mad

yoni_one wrote: »

Hi, thanks for the prompt response.

Yes. Britannia Parking is correct as per all paperwork.

The keeper of the vehicle provided their own name and UK address in the appeal and not that of the driver, as recommended on the Newbies thread.

Do you have any advice re the POPLA please?

Yep, fling together a long POPLA appeal based on the templates in the NEWBIES thread post #3 and Britannia will give up.

Coupon-mad

Yep they can add that into the POPLA appeal as well, and in tandem, complain to the ICO and the DVLA about data being processed by a non-registered company (haven't looked into this in depth as Britannia are so easy to beat).

Coupon-mad

Interesting that they ran out with the ICO registration. Have they phoenixed?

yoni_one

All replies much appreciated thanks.

I am unable to find evidence that Britannia Parking did not exist at the time the ticket was issued. I don't understand how registrations work, but on the letter it states Britannia Parking is a registered Trading Name of Britannia Parking Group Limited and any of its wholly owned subsidiaries. The postcode is BH2 5PS and the number is 08182990.

The links given previously appear to indicate (to this novice) that the registration expires in Feb this year.

Would you please advise where online evidence is that Britannia Parking is linked to CAR PARK 2015 LTD?

Because of my very very little understanding of how it works or the correct language to use, I'm concerned the keeper may word it in such a way as to shoot themselves in the foot due to my ignorance.

Also, the keeper received a final reminder today stating:
'We have contacted the DVLA who informed us that you were the registered keeper or you have been identified as the driver at the time the Parking was issued. In this notice you were informed that the Driver is liable for the Parking charge.

At which point and to whom, if at all, do Britannia Parking need to produce evidence of who the driver was?

yoni_one

You are fantastic! But also me and my computer aren't so much and I cant access those links.

Yet I'm still happy to try and argue the case, as I am just about to do, but beforehand where does the following info fit in to everything about the registered number they have provided on all the paperwork including the PCN issued in Dec?

https://beta.companieshouse.gov.uk/company/08182990/filing-history

yoni_one

Right, so are you saying that the company info they used on the PCN is illegal?

It is showing as an Approved Operator on the BPA website dated Feb 2017. I cant find a list for Dec 2016.

http://www.britishparking.co.uk/BPA-Approved-Operators

twhitehousescat

spends more time being banned than working legally https://bmpa.zendesk.com/hc/en-us/articles/203620351-Britannia-Parking-Group-Limited

and

http://www.bmpa.eu/companydata/Britannia_Parking_Group.html


I have tried to give you facts , given you links to read , even suggested contacting the DVLA , upto you now