Britania Parking Portswood POPLA Help

Sridout92

Hi,
New here

In Dec i received a parking notice from Britannia parking for overstaying in the Porstwood car park in Southampton. I have already appealed and received my POPLA code however i am a little confused with where to go from here (I have read all the newbie pages etc)

The main point of argue is the lights that are meant to light up the signs are placed around 1/2m away, sat in the car park they are nearly impossible to read!

I notice that a lot of POPLA appeals start with A compliant Notice to Keeper was never served - no Keeper Liability can apply. The parking notice issued reads as follows: 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 application conditions under section 4 of that act.
Therefore am i still able to use the argument that a compliant notice to keeper was never issued?

Appreciate all the help i can get and look forward to hearing from you.

Coupon-mad

am i still able to use the argument that a compliant notice to keeper was never issued?

Probably not, and certainly not if you admitted to being the driver in the appeal!

GO back and take photos in the dark and use them to illustrate your appeal and show that the terms are just not readable, not even lit by car headlights as they are too high/wording too small and there is no ambient lighting in the site that is near enough to illuminate the signs, which are impossible to see in the dark.

If you prove with photos how dark the place is, it's likely Britannia won't be able to disprove that.

Sridout92

I have not claimed to being the driver, i used the template on here so at no point have i claimed to be the driver, only the keeper. So is it ok to use that point now?

Quentin

Your OP clearly shows who was driving - if you used wording like that in your appeal they don't need POFA!

Coupon-mad

Yes you can but I would put signage as your first point, with dark photos embedded in the word document to illustrate the point clearly and make compelling evidence for POPLA. Then 'no landowner authority' as point #2, then you can add that 'the NTK is not compliant with the POFA' just to bulk out the appeal and make it longer.

More likely that a PPC will fold, if they see a long appeal and evidence of dark signage that they can't possibly disprove. Make sure none of your photos actually show readable wording!

Sridout92

Sorry i don't understand what you mean?

I was quoting what was written on the parking charge notice?

Below is what i appealed (and since received a POPLA code from):

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Coupon-mad

Your first post tells us who was driving! EDIT IT.

Sridout92

Coupon-mad wrote: »

Yes you can but I would put signage as your first point, with dark photos embedded in the word document to illustrate the point clearly and make compelling evidence for POPLA. Then 'no landowner authority' as point #2, then you can add that 'the NTK is not compliant with the POFA' just to bulk out the appeal and make it longer.

More likely that a PPC will fold, if they see a long appeal and evidence of dark signage that they can't possibly disprove. Make sure none of your photos actually show readable wording!

Excellent thank you Coupon Mad. I will get down the car park tomorrow and take the photos.

Coupon-mad

At night...in darkness, no flash.

Quentin

Sridout92 wrote: »

Sorry i don't understand what you mean?

I was quoting what was written on the parking charge notice?
........

You need to edit your post to remove details of who was driving!

Sridout92

Quentin wrote: »

You need to edit your post to remove details of who was driving!

Sorry for the confusion, Better now ?