Britannia parking pcn

sil74

Thank you chg01 will give it a go later

sil74

How long should it take for POPLA to make a decision? Also will I be informed if operator adds anything?

nosferatu1001

YEs, as yo know from reading the newbies thread you get told when they submit their evidence. You then rebut everything theyve done wrong.

sil74

so Britannia submitted mid week their evidence in the POPLA appeal, usual few attachments with letters been sent so far, a reminder that they have been compliant with sub-paragraph 9 (2)(f) POFA 2012 and an aerial image of the car park with marking of where the signage is ....from reading the newbies I now rebut their evidence in support of my case. I have read a few examples and there are lots of old ones so a bit lost but will be focusing on this in the weekend. I guess my main point is the formation of a contract and the fact that the signs were not seen..... thanks again for everyone help so far

KeithP

Your main focus must be challenging every point they have made in their evidence.

If they have not reacted to any of the points you made in your PoPLA appeal, then remind PoPla that they have accepted your point.

Check what they say about 'sub-paragraph 9 (2)(f) POFA'.
Are they right?
PPCs have been known to tell fibs, or simply not understand PoFA.

Do not try to introduce new evidence.

sil74

Thanks Keith, here is their statement with additional supporting evidence submitted..... this includes all letter correspondence and appeals, evidence of paid for tkts on the day and a map of the car park with flagged spots where the signs are. As far as I can see as for my previous notes they were POFA compliant so my appeal was mainly surrounding the issue of contract formation and signage prominence In effect here other that stating the signs are there and point out where they are they did not provide any pictures at all.




Please find enclosed our detailed statement for Parking Charge Notice xxxxxx

On Sunday 3rd December 2017 vehicle xxxxx entered Rainhill [FONT=Calibri,Calibri][FONT=Calibri,Calibri]!!!8211; [/FONT][/FONT]The Victoria Hotel car park at 12:58pm. This car park uses Automatic Number Plate Recognition (ANPR). The car park is not manned.

No transactions for this registration were entered into the machine whilst the vehicle was in the car park between 12:58pm [FONT=Calibri,Calibri][FONT=Calibri,Calibri]!!!8211; [/FONT][/FONT]13:16pm. No payment attempt has been made at the machine, pay by phone or to us by phone after the vehicle left. I have attached the machine data to show no attempt was made to purchase a ticket whilst the vehicle was in the car park. It is solely the drivers responsibility to ensure they have read the terms and conditions of the tariff board. The machine data is attached to show the machines were working and processing at the time the vehicle was in the car park. Additionally we allow up to 48 hours after the driver has left the car park to call to make a late payment should the driver contact us.

We are members of the British Parking Association (BPA) and we follow their Approved Operator Scheme, the BPA Code of Practice, at all times. Section 13 [FONT=Calibri,Calibri][FONT=Calibri,Calibri]!!!8211; [/FONT][/FONT]Grace Periods, details that we must give the driver a reasonable period of time to enter the car park and purchase a ticket or leave the car park. We have a 10 minute grace period at this car park. If the driver has not purchased a ticket or left the car park by the time the 10 minute grace period has been reached, a Parking Charge Notice will be issued for breaching the terms and conditions of the car park.


The data from the machines is processed against the pictures recorded from the ANPR camera and as no registration matching the vehicle had been entered in the machine the system generated a Parking Charge Notice. The ANPR camera only takes a picture on entry and on exit this is not a CCTV system.

The driver has broken the terms and conditions by failing to purchase a valid ticket and therefore we believe the Parking Charge Notice to be valid and correctly issued.

Britannia Parking is an active member of the British Parking Association (BPA) and we follow their Approved Operator Scheme, the BPA Code of Practice, at all times. Our car parks are regularly audited and our signage at this car park has been approved by the BPA. We meet all the requirements for our signage as advised under section 18 and 19 for England and Wales (or Section 28 for Scotland) of the [FONT=Calibri,Calibri][FONT=Calibri,Calibri]BPA!!!8217;s Code of Practice. [/FONT][/FONT]


We therefore consider there to be sufficient, clearly visible signage in the car park to draw your attention to the terms and conditions of the parking contract that is on offer. By leaving your vehicle over the grace period without purchasing a ticket you have broken the terms and conditions and consequently we consider the Parking Charge Notice to be valid and correctly issued.

We uploaded the Parking Charge Notice data on 07/12/2017 and requested DVLA Keeper details on 08/12/2017. Keeper details were added to the Parking Charge Notice on 11/12/2017 and a letter was

sil74

this was the txt in the original PCN....


The signage displayed at the entrance to and through the car park, states that the car park is private land operated by


Britannia Parking (the creditor). Parking conditions apply or a Parking Charge will be incurred, along with other


terms and conditions of the car park by which those who park in the car park agree to be bound.


By contravening the terms and conditions set out on the signage the Parking Charge is now payable.


You are notified under paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of


the motor vehicle is required to pay this parking charge in full. As we do not know the drivers name or current


address, and if you were not the driver of the vehicle at the time, you should tell us the name and current postal


address of the driver and pass this notice to them.


You are advised that if, after 29 days from the date given, the Parking Charge has not been paid in full and we


do not know both the name and current address of the driver, we have the right to recover any unpaid part of the


Parking Charge from the registered keeper. This warning is given to you under Paragraph 9(2)(f) of schedule 4 of the


Protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under Schedule 4 of


that Act.


Should we be provided with an incorrect address for service, we will pursue registered keeper for any Parking


Charge that remains unpaid.


Should we be provided with the identity of someone w ho denies they were the driver we will pursue the


registered keeper for any Parking Charge that remains unpaid.


Please see over for details of how to pay and what to do if you want to appeal the Parking Charge Notice

KeithP

Remove the PCN number from your post.

sil74

ok done thanks Keith

Ldon2570

Hi

I have received a ticket form Britannia for being in a pub car Park and I am going to appeal it but what I am confused about is, if I am going to be an unidentified keeper or driver then won't I have to put my name in so they can reply back to me through email or post? How do you get around this? Thank you