Britannia Parking PCN

Coupon-mad

Things to remove as they are irrelevant are:

If they are not met, then the contract would be deemed “unfair” under the Unfair Terms in Consumer Contract Regulations 1999.

To point #4 I would add this at the end after where you talk about the Jopson case:

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. Straight 'no questions asked' access from the main road, no entrance signs at all.

The car was merely involved in dropping off a passenger and unloading - this is not the same as parking, as shown in the Jopson case (transcript attached). The Judge in Jopson defined 'parking' in detail and excluded minor actions such as dropping off passengers, delivering, and unloading. POPLA please note, this case was heard by a Senior Circuit Judge, on Appeal, therefore it DOES have persuasive influence over County court decisions, is relevant and since it was about 'unloading' over a short period in a residential/flats car park, is on all fours with my appeal case.

The only thing I think you need to add is a first point, as #1, pointing out that the PCN posted fails to comply with the POFA Schedule 4. State why, like this:

https://forums.moneysavingexpert.com/discussion/comment/72366967#Comment_72366967

I would upload the Jopson transcript (from the Parking Prankster's case law) as evidence on the POPLA website, along with your PDF appeal uploaded as an attachment - make sure the little 'bin' icon appears for each upload.

HTH

MetroBot

Awesome! Thanks for your help.

Also, the photos that I've taken and the websites that appear in the text. Do I put everything in a sort of an Appendix at the end of the document or do I just insert it in the text in between paragraphs?

MetroBot

And do you think #3 Grace periods unclear and not properly applied from the case you just mentioned https://forums.moneysavingexpert.com/discussion/comment/72366967#Comment_72366967 applies in my case?

Coupon-mad

Yes, throw the kitchen sink at it. Britannia will back-pedal faster than a trick cyclist!

MetroBot

Hahaha good one. I'll throw at them everything I can grab.

I will include that bit in my appeal as well, adapted, of course.

Many thanks.

MetroBot

I forgot to mention that I have submitted the popla appeal and am now waiting for a response, as soon as I have one I will post it. Thanks again for your help.

MetroBot

All done guys, a few days ago I received the answer from Popla saying that Britannia Parking did not wish to contest the appeal and the pcn was cancelled. I wish to thank you all so much for all the support and patience. It took a while but it was a win so thanks, don't think I could've won it without your help. I would've walked straight into their trap. Next I will complain to May and Jones. If there is anything else I can do or help with, please let me know guys.

Umkomaas

Good result. Pop back whenever you like and if there are other cases where you can share the benefit of your experience, there will be plenty of newbies pleased to receive it.

Any chance of posting the result in the 'POPLA Decisions' sticky, with a link back to this thread please?

MetroBot

I've posted it in POPLA Decisions and I will help out whenever I have some time to spare. Thanks again

Coupon-mad

Kitchen sink POPLA appeals strike again!

Britannia are a firm who do not contest a long/strong appeal. Well done and do complain to your MP and Mrs May about this scam industry.