Britannia Parking PCN

MetroBot

Hi

A driver dropped a friend at a residential area and got a PCN for £100 contravention.
Date of alleged event 09/05, date NTK received 18/05.

A £100 Parking Charge Notice from Britannia Parking for 'parking' a car on a private car park for 19 minutes.

The car park mentioned I assume, according to the name of the street provided on the letter, it is a car park for a block of flats. To enter that car park you drive through a short alley. It doesn't say anywhere that you are entering a private car park, no gates, no nothing. Therefore no trespassing if you're visiting it or have entered by mistake. Straight no questions asked access from the main road.

The photos provided on the letter are from an ANPR camera which clearly show the car in question on the alleyway entering and exiting the car park. One from the front, one from behind.

There was no payment processed because the car was never parked.

I've read a lot of forums and comments and opinions but unfortunately no one has been in a situation like this before. No one managed to get a parking ticket for not parking, not to my knowledge.

Should they appeal? Should they ignore it (probably not from what I've read)? Should they sue them? Should theyr take them to court? Or should they let them take him/her to court as from what I've heard, they have to prove that the car was parked, which must be impossible unless they have some photoshop expert?

If anyone decides to help and needs more information, please let me know and I shall ask the keeper to provide it.

P.S.: there was no windscreen tickcet as there was no parking warden. So all they've got is two photos of the car coming in and out of the car park

Regards

Fruitcake

You need to edit your post to remove all information about who was driving. Never say, I parked or anything else that will give away the driver's identity.
Only ever refer to The Driver and The Keeper.

It is not a fine.

Next, read the Sticky thread for NEWBIES then send the BPA template in blue that you will find there. Copy and past and send.
The advice to ignore has not been given here since the law changed in 2012.

Once you have done that you will need to read up on how to beat this at PoPLA where you find a number of template appeal points in post 3 of the NEWBIES for you to use.

Please provide the date of the alleged event and the date the keeper received the NTK.

MetroBot

There are no details of either the driver or the keeper of the vehicle that has received a fine in my post.

Umkomaas

'Never left the car', 'engine still running', 'hazard lights flashing' are 'not parking' are, I'm afraid, urban myths which have caused many who come here grief at the hands of the private parking skimdustry - especially when the length of stay is almost 20 minutes.

This is easily winnable by appeal to POPLA, but not by using any of the above.

MetroBot

Hi Umkomaas

Good thoughts!
If they don't end up cancelling it and apologising, I will forward it to all the mass media I can think of and sue them as it's not humanly possible to ask someone to pay £100 for being somewhere for 20 minutes. It's a parking charge notice. Parking is the word that doesn't make sense to me. If the car was in a car space then fine the driver should be charged (not £100 but something rather fair, because they're not breaking any law) for being a cheap !!!!!!! and not paying whatever the price is..

Umkomaas

I suggest you follow the NEWBIES FAQ sticky, post #1 for now, then eventually appeal to POPLA. That's the way to kill it.

You can huff and puff - as many before have done - but it won't change a thing. Channel your frustrations into something that is proven to work. Learn from the experience, tell others, and you will always avoid such hassle in the future.

The more people that avoid the PPC network, the sooner they go to the wall. But at the moment, 4.5 million people a year are falling into their clutches.

Fruitcake

tudor.popovici11 wrote: »

Hi Umkomaas

What would you suggest then? What should the story be like? As no one gives a s hit about reality anymore. If they don't end up cancelling it and apologising, I will forward it to all the mass media I can think of and sue them as it's not humanly possible to ask someone to pay £100 for being somewhere for 20 minutes. It's a parking charge notice. Parking is the word that doesn't make sense to me. If the car was in a car space then fine the driver should be charged (not £100 but something rather fair, because they're not breaking any law) for being a cheap !!!!!!! and not paying whatever the price is..

You don't tell a story otherwise you will give away valuable appeal points. You win on legal arguments.

The car was parked no matter what you might think.

The driver parked the car not the keeper, so a bit more editing is needed. Remove the bit about what the driver did for a few minutes in front of the entrance. That was parking, not driving from and to the entrance, or driving around looking for a space, or reading the signs and deciding not to stay.
Also remove the camera times. That plus the dates gives the scammers who read these fora information to link this thread to the keeper. Any mention of I parked, or I waited, or I chatted, or I drove then gives the scammers the information to prove that the keeper was the driver.

All you need to say is something like, A driver dropped a friend at a residential area and got a PCN for xxx contravention.
Date of alleged event, date NTK received.

Getting angry is a fine sentiment, but this has been in the media for years, and debated in parliament. Good luck with your campaign. Many others have tried before you, and are still trying on a daily basis.

So, back to the PCN.

Do as already advised. BPA template in blue from the NEWBIES thread to the PPC.
Read up on PoPLA and work out which appeal points from post 3 of the NEWBIES you will use if/when it gets rejected.
Not the landowner, no standing to bring charges in their own name, any failures to comply with the POFA 2012 in the NTK, and lack of grace periods will all feature prominently in your PoPLA appeal.

The keeper should ask the friend for a copy of the lease/AST with regards to parking in general, and visitor parking. Lease/AST trumps parking scammers made up rules so it is very important to get a copy of the precise wording.

MetroBot

Done, thank you.

fisherjim

tudor.popovici11 wrote: »

Hi Umkomaas

Good thoughts!
If they don't end up cancelling it and apologising, I will forward it to all the mass media I can think of and sue them as it's not humanly possible to ask someone to pay £100 for being somewhere for 20 minutes. It's a parking charge notice. Parking is the word that doesn't make sense to me. If the car was in a car space then fine the driver should be charged (not £100 but something rather fair, because they're not breaking any law) for being a cheap !!!!!!! and not paying whatever the price is..

Much as we all agree with you, I'm afraid you are living in another world if you believe this.

Follow the advice on here to the letter and see these highwaymen off!

Fruitcake

In preparation for PoPLA, you should obtain your own pics of the area.

Entrance showing inadequate signage/lack of signage.

A view showing where the car was according to the scammers ANPR images and lack of signs visible to the driver at that spot.

The route the driver took showing angles from the driver's point of view and showing how it would easily be possible to miss signs.

Pics of the car park layout showing sporadic signs, or views where no signs are visible.

The signs themselves from a distance if high up, behind bushes, damaged, or turned away from the direction a driver would take.

Close up of the signs showing inadequate wording.

Are you starting to get the idea?

The driver's friend should complain to the landowner. You should complain to your MP, Mrs May, and Andrew Jones MP. Tell them your vote will depend on their reply.

Don't forget to get a copy of the lease/AST.

MetroBot

Hi Fruitcake

Thanks a lot for your advice.

I will drive down there today to check the car park in question and will record everything on camera, from the entrance to the car park to the entrance of the block. I will also take pictures o the area and everything you have mentioned above.

I will also speak to the tenant/home owner, ask for a copy of the lease/tenancy agreement/AST and advise him to complain to the landowner.

Do you think I should drive to that specific car park and take pictures from inside the car or do you reckon it would be wiser to park the car somewhere else, walk down there and take pictures on foot.

Off topic
As for Theresa and Andrew, there's not much else to say, they have said it all through their actions..It's highly unlikely that even their reply would change my vote (but they don't know that... so I can still do it)
I also cannot say much about them as this website won't let me use the appropriate wording.
Off topic closed.

Thanks