PCN Manchester Urban Exchange

beccih1892

Hi all, just an update on my case. I have received an email from POPLA to say Highview have uploaded their evidence via the portal. I've viewed this on my laptop so I can study the evidence in more detail. They have attached a witness testimony stating they have the authority to act on behalf of the landowner, along with the usual pictures of their signs etc. They briefly went over the grace period and state they operate it and it's apparently in line with BPA's code of practice. Also provided my original appeal and a street view of the property.

I've had a look through the newbies post to see previous comments, I'm going to have a further look as to not get anyone to start repeating information which has already been put up on here, just wondering if anyone wants me to upload some of the evidence to help me out or let me know what my strongest point to appeal on is going to be.

TIA

beccih1892

Hi again all, I've drafted my response to POPLA regarding the evidence submitted from Highview, could someone read through this and provide me with any critiques? I've had a good look through the newbies thread and the POPLA decisions thread also to help me piece what I have together, TIA:

Rebuttal to evidence submitted by Highview to POPLA

Ref. POPLA appeal: XXXXXXXXXX

PCN Number: XXXXXXXXXXXXX

Date evidence pack received: XXXXXXXXXX

Dear POPLA Assessor,

In response to the evidence pack submitted by Highview, I provide the following rebuttal points in the order they have been laid out in the evidence pack:

Grace Periods

Highview state they operate a grace period compliant with the BPA code of conduct. As previously addressed within my appeal and also confirmed by Highview, the parking time exceeded was 11 minutes. The driver left the premises 11 minutes after the parking period had ended, when leaving the car park, Section 13.4 of the BPA Code of Practice should be applied, if a MINIMUM of 10 minutes is applied as per section 13.4, then 11 minutes is perfectly reasonable when one considers the busy nature of it at that time of the year with it being the ‘Black Friday sales’.

Along with the fact upon leaving the car park there were delays caused by a one-way system in place as well as road works going on outside of the establishment. All of the points above had been addressed in my appeal within the first instance. All these factors contributed to the driver taking a total of 11 minutes to leave after the paid for period ended.

Signage

The evidence pack claims ample signages throughout the site. Of these 9 (as one is double sided – reference pages 23 and 24 of the evidence pack provided by Highview) only 1 sign on the higher level of this car park states the steps to validate parking after staying for 1 hour. This single sign is only seen on one side of the car park only, clearly the evidence is not consistent.

Furthermore, the terms and conditions on the other signs in question are in such a small font that the wording is unreadable even when zooming in on the close-up photo on page 31, let alone from a distance. It simply would not be possible to read any terms on the sign without leaving the vehicle, which is in direct violation of section 28.8 of the BPA Code of Practice.

Authority

Highview have included in their evidence pack a ‘witness statement,’ but the document has not been signed by the landowner, but rather an asset manager of the site. No evidence has been submitted to confirm that this asset manager has the authority to act on behalf of the landowner, particularly with regards to entering into long term contracts with third party companies.

Furthermore, the Witness Statement has been constructed AFTER the event, being signed on XXXXXXXXXX when the incident took place on XXXXXXXXXX. It is not the contract and should not be accepted in lieu of the contract, as Highview appear to have concocted a retrospective Witness Statement when an existing contract should exist at the time of the parking event.

Once again, I request that my appeal is upheld.

Yours faithfully,

Coupon-mad

The only thing I would say is never call it a rebuttal; it's not designed to be that. Call it 'comments on the evidence'.

beccih1892

Coupon-mad wrote: »

The only thing I would say is never call it a rebuttal; it's not designed to be that. Call it 'comments on the evidence'.

Thanks for taking the time to look through this for me CM, I'll change the wording and get it submitted today. Surprised how quickly it came back with it being inbetween Christmas and New Year !

beccih1892

So they only give you the box to post these comments in, is there any way I can get around this ? As I can't fit it all in, I have taken some parts out (just the part with the POPLA number etc) and I still can't fit the last paragraph in.

Johno100

beccih1892 wrote: »

So they only give you the box to post these comments in, is there any way I can get around this ? As I can't fit it all in, I have taken some parts out (just the part with the POPLA number etc) and I still can't fit the last paragraph in.

A PDF attachment?

nosferatu1001

Email it then. Pretty sure that advice is in the newbies thread as well!

beccih1892

Johno100 wrote: »

A PDF attachment?

It doesn't give me the option to do this as it's not the initial appeal, it's the comments to be provided from the evidence Highview have uploaded to the portal.

beccih1892

nosferatu1001 wrote: »

Email it then. Pretty sure that advice is in the newbies thread as well!

I didn't see anything on the newbies thread relating to comments on the evidence uploaded by the PPC not fitting in the comment box. Only the ones were you upload a PDF with the initial appeal, I'll have another look though.

Umkomaas

Attach it to an email with your reference numbers shown in the email covering the .pdf file.

I think info@popla.co.uk is the address, but you might just want to call them and double check - tel:03301596126