JD Parking Consultants POPLA appeal - Leeds Faversham

Tommy94

So JD have submitted their evidence pack and I now have 7 days to reply against what they have posted.

Mostly they have just posted photos of my car with the signage and stated that my car was parked close to the signage. They have said the signage is clear.
** IMAGES ATTACHED **

[IMG]httpx://ibb.co/hwkJuF[/IMG]
[IMG]httpx://ibb.co/hvDMEF[/IMG]

I feel that the signage is not at eye level and actually I would've driven right past it as it is displayed more for when leaving the car park.

They have also tried to state that the driver has been acknowledged? However, i've checked and in all responses I have stated I am the registered keeper and that they have no right to pursue the driver etc. They also have not responded to the NTK being non POFA compliant. They have simply uploaded photos of the PCN that they had sent to me. They state :
''Registered keeper’s details obtained from the DVLA. Hirer named by the registered
keeper. Driver confirmed on appeal.''

They have also said:
'The Appellant has not denied that the terms and conditions of the parking policy were
breached as the vehicle was parked without a valid permit on clear display and no
authorisation to park was obtained.
We request that the Appellant's appeal be refused.'

The fact they have mentioned authorisation to park makes me want to mention that because of the poor signage, it was assumed that for customers using the pub; the parking would be free as this is usually the case. How can authorisation really be gained?

So far I have written this; but it is not very good as has no legal technical terms in it etc. Any help would be appreciated!
After viewing the evidence; I can respond systematically to each of the points raised.

The claimant claims that the vehicle (XXXXX) was parked in close proximity to a sign, however as shown in their own image. This sign is not clear for any vehicle entering the car park. The sign is also not at eye level nor is it big enough for someone to read the points outlined on it unless they were standing very close to it. In terms of not denying breaching the agreement, as the registered keeper looking at this where it is stated that 'authorisation to park' should be obtained; I would imagine that a driver parking here has assumed that they can park as a customer as this would give them authorisation. Given the lack of clear signage, this is a fair assumption to make and does not warrant a fee of £100 being paid to the claimant.

Secondly, I raise again the point that the NTK is not POFA compliant. For some reason the claimant states in comments that the 'driver confirmed on appeal' but I fail to see where this has occurred. In all correspondence it has been stated that the appellant is the registered keeper. In fact, in the first letter of appeal it has been stated that no liability is accepted and that the letter should be considered a section 10 notice.

I must also refer to the generic denial of the first appeal by JD Parking Consultants, it is rich that they talk about not using copied and pasted material from the internet whilst they have sent me a generic and pasted reply as reason to deny my appeal.

PLEASE HELP!

nosferatu1001

https://ibb.co/hwkJuF
https://ibb.co/hvDMEF

Dont say "for some reason" they stated the driver was identified. State "The operator is delberately attempting to mislead POPLA by claiming the driver was identified. This is a lie, as has been shown on the appeal documents submitted by the appellant on X date....

You then complain to the BPA that the operator is lying to POPLA.

Go back to your appeal. Any points they have NOT commented on - such as landowner authority - you must state "the operator has not rebutted... and as such they are deemed to have agreed that my position is true. As they therefore lack the required land owner authority the appeal must be upheld". Do this for each one.

Tommy94

Just to let everyone know - won this appeal at POPLA! Very happy; thanks to all for the help

Coupon-mad

Course you did - well done!

Please post the POPLA decision in the sticky thread at the top 'POPLA Decisions' with a link to this thread, and state on the sticky post, which PPC you beat (as the decision never says). Oh, and if copying a wall of text from POPLA please insert paragraphs when pasting it for us to read.