Please help - 7 days to reply to POPLA comments

robberbutton

Some very dodgy stuff in their "Parking Management Agreement"

robberbutton

So far I have contacted the landowner, Which? to ask them to consider PPCs for their next campaign, Sir Greg Knight to wish him well with his Members' Bill, and my local MP (at Sir Greg's request) to ask him to support said Bill when it is read in Parliament.

robberbutton

Success! Have updated POPLA thread too. Thank you all so much.

Decision Successful

Assessor summary of operator case
The operator has issued the Parking Charge Notice (PCN) due to 'no ticket'.

Assessor summary of your case
The appellant's case is that she purchased a parking ticket and clearly displayed it on the dashboard by the steering wheel. The appellant explains that the photos of her vehicle do not show the full dashboard, and she feels the photos have been taken from an angle to deliberately obscure the ticket. The appellant has provided evidence of a photo of the ticket along with photographs to show where it was displayed. In addition, she has provided a witness statement from xxx who was with her on the day.

Assessor supporting rational for decision
When entering onto a private car park, the motorist forms a contract with the operator by remaining on the land for a reasonable period. The signage at the site sets out the terms and conditions of this contract. The operator has provided photographic evidence of the signage that states, 'Pay and display' All vehicles must display a valid ticket, permit or scratchcard, Tickets, permits or scratch cards must be clearly displayed within the windscreen of the vehicle'. The signs say a PCN of £100 will be issued for failure to comply. The operator has provided photographic evidence of the appellant's vehicle, parked at the site at xxxx on xxxx January 2018. The appellant has provided a photograph to demonstrate where the ticket was displayed on her dashboard, and evidence of the ticket itself showing it was purchased at xxxx on the day in question. In response to the appellant's points the operator states, 'Although I understand the point the appellant is making, unfortunately, I am unable to take the mitigating circumstances into account'. I do not consider the appellant has provided mitigating circumstances to be taken into account. She has clearly stated the ticket was visible, and the warden has taken photos from an angle. This is not mitigation. The British Parking Association (BPA) Code of Practice sets out requirements of operators, and states within Section 20.5a that, 'When issuing a parking charge notice you may use photographs as evidence that a vehicle was parked in an unauthorised way. The photographs must refer to and confirm the incident which you claim was unauthorised. A date and time stamp should be included on the photograph. All photographs used for evidence should be clear and legible and must not be retouched or digitally altered'. Section 20.5b continues, 'In deciding whether a payment ticket has been visibly displayed on a vehicle you must do a thorough visual check of the dashboard and windows'. Reviewing the photographic evidence provided by the operator, I am not satisfied the photos demonstrate that a thorough visual check of the dashboard and windows has taken place, as per the guidance by the BPA. I consider if it had, the ticket would have been visible to the parking warden. Upon consideration of the evidence, I do not consider the appellant failed to comply with the terms and conditions of the car park. As such, I conclude the PCN has been issued incorrectly. Accordingly, I must allow this appeal.