Premier Park St Mary's Church POPLA Evidence Comments

jonb237

Hello,

This is my first post. I am in need of some help commenting on evidence given by a parking operator after I appealed a parking ticket through POPLA, I hope you maybe able to help.

The driver parked at St Mary's Church in July to attend a wedding and paid for a ticket under the wrong car registration (fool), they did not notice the error until the parking ticket was received from Premier Park a couple weeks later.

I used previous posts on this forum to first appeal the ticket as the registered keeper directly to Premier Park and after they rejected it, I appealed through POPLA. Premier Park have submitted some evidence with regards to this appeal and I have seven days to post a reply.

Premier Park's evidence shows the paid parking ticket for the wrong car registration (the car registration is for another car I own). Should I explain that the driver paid the ticket or should I comment on the evidence with relation to my POPLA appeal? What sort of comments would you make?

I did not mention the paid ticket to Premier Park as I was appealing as the registered keeper and I thought I could not prove payment as the paid ticket has been thrown away.

POPLA Appeal - https:// drive .google.com/file/d/0B_PYtuKF-2eqSktyMUFFQXBybTQ/view?usp=sharing
POPLA Premier Park Evidence - https:// drive .google.com/file/d/0B_PYtuKF-2eqcXdxc0h5RjVXSTg/view?usp=sharing

Thanks in advance

nosferatu1001

Well you never use "I", here or in the appeal. EDIT YOUR POST NOW, "the driver" is the only way to refer to who drove that day.

jonb237

Edited thank you

Umkomaas

POPLA appeal

https://drive.google.com/file/d/0B_PYtuKF-2eqSktyMUFFQXBybTQ/view?usp=sharing

POPLA Premier Park Evidence

https://drive.google.com/file/d/0B_PYtuKF-2eqcXdxc0h5RjVXSTg/view?usp=sharing

My iPad is struggling a bit with the images of the signs. Do any of the signs - the contract with the driver - show the need to input your car registration details?

Guys_Dad

they did not notice the error until the parking ticket was received from Premier Park a couple weeks later.

Date of wedding and date on NtK, please.

jonb237

Date of Wedding 22nd July 2017, NtK 28th July 2017. Sorry it was a week later.

jonb237

The sign has a section called 'Pay at Machine' with a picture underneath to show what to do by steps. Step 1 has some text 'Enter Your Full Registration Number'

Umkomaas

jonb237 wrote: »

The sign has a section called 'Pay at Machine' with a picture underneath to show what to do by steps. Step 1 has some text 'Enter Your Full Registration Number'

Then you must make it clear to POPLA that there was nothing in the signage requiring any VRM input (no need to mention the machine), it is the signage that forms the contract.

jonb237

Below is also Premier Park's Case Summary.

The Appellants vehicle entered the site at 12:42 and exited at 14:48.

We are unable to trace a payment for the Appellant’s vehicle registration. See Other Evidence.

13 Grace periods – according to the British Parking Association Code of Practice
13.1 Your approach to parking management must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period without having their vehicle issued with a parking charge notice.
13.2 You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action.
13.4 You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes.

The Appellant’s vehicle was parked for 2 hour and 5 minutes with no payment made for the full and correct vehicle registration. Therefore, an unpaid parking session occurred and a Parking Charge Notice was issued.

It is the responsibility of the motorist to ensure that they have read and parked in compliance with the terms and conditions of the site. On this occasion, the Appellant did not.

We request that the Appellant's appeal be refused.

jonb237

Then you must make it clear to POPLA that there was nothing in the signage requiring any VRM input (no need to mention the machine), it is the signage that forms the contract.

Umkomaas, would something like the below suffice?

Premier Park's parking system involves recording the vehicle registration but not anywhere on the signage provided in the evidence does it state that input of the vehicle registration is required.

Umkomaas

jonb237 wrote: »

Umkomaas, would something like the below suffice?

Premier Park's parking system involves recording the vehicle registration but not anywhere on the signage provided in the evidence does it state that input of the vehicle registration is required.

If I'm honest, I don't think that is strong enough. You need to stress that the signage is the contract between the driver and the PPC and that contract does not require the driver to enter any registration number. As that is the only case the PPCs has against the driver, then it has absolutely no case at all.

No one can agree a contract with someone, then change its parameters, and in the process penalise the contractee later on, to the benefit of the contractor.