POPLA Appeal - PCN TPS The Place Retail Park MK

whomai

Thanks for the guidance. I will complete the POPLA as directed.

Fingers crossed.

whomai

Received note last week stating POPLA appeal is successful.


Assessor summary of operator case
The operator has issued the Parking Charge Notice (PCN) due to the appellants!!!8217; vehicle remaining in the car park for longer than the maximum time permitted.

Assessor summary of your case
The appellant!!!8217;s case is that the signage in the car park was not clear or legible, especially at night. They state that there is no evidence of Landowner Authority authorising the operator to manage the car park.


Assessor supporting rational for decision
In terms of POPLA appeals, the burden of proof rests with the operator to provide clear evidence of the contravention it alleges occurred, and consequently, that it issued the PCN correctly. The operator has provided photographic evidence of the signage that states, !!!8220;Customers parking only!!!8221;, !!!8220;3 Hours maximum stay!!!8221;, !!!8220;By failing to comply with the above terms of use you agree to pay and Parking Charge Notice of £70!!!8221;. The operator has provided photographic evidence of the appellant!!!8217;s vehicle, entering the car park at 22:37, and exiting at 02:11, totalling a stay of three hours and 55 minutes. The appellant!!!8217;s case is that the signage in the car park was not clear or legible especially at night. The appellant has raised two grounds of appeal, however, I am focussing on the issue relating to the signage in the car park as the appellant arrived in that car park during the hours of darkness. Given this, I must consider the signage in place at this location to see if it was sufficient to bring the terms and conditions to the attention of the driver when entering and parking at the location. Appendix B of the BPA Code of Practice states, !!!8220;Signs should be readable and understandable at all times, including during the hours of darkness or at dusk if and when parking enforcement activity takes place at those times. This can be achieved in a variety of ways such as by direct lighting or by using the lighting for the parking area. If the sign itself is not directly or indirectly lit, we suggest that it should be made of a retro-reflective material similar to that used on public roads and described in the Traffic Signs Manual. Dark-coloured areas do not need to be reflective.!!!8221; In this case, the operator has not provided any images of the signage during the hours of darkness, which is when the appellant was on site. As such, we don!!!8217;t know that the signs are actually lit/sufficiently lit. As the appellant has said that the signs are not visible in the dark, it falls to the operator to show that they are visible. As they have failed to do that, then we can!!!8217;t determine that the appellant did see the signs. POPLA!!!8217;s role is to assess if the operator has issued the PCN in accordance with the conditions of the contract. In this case, as the appellant was unable to read the signage the operator has not issued the PCN correctly. As I am allowing the appeal on this basis, I do not need to consider any other grounds of appeal raised by the appellant.