Britannia PCN - POPLA Stage

PPYSM

Hi All,


I have read the Newbies thread and many other Britannia posts but can't find one similar enough for my circumstances.


The driver was using a relatives car and parked in a Britannia MSCP that they use regularly for work. The driver uses the paybyphone website to pay every time. On this instance however, the website kept freezing whenever they tried to pay. They downloaded the app and used multiple devices to ensure it wasn't a signal issue or something similar. Eventually, it looked as though they had paid successfully so left the car park. However, they realised soon later that they didn't receive the usual confirmation email. I sent Britannia screenshots of the phone showing the issues they were having and when it looked as though they had paid. However, it was rejected with what looks like the standard template they use.


From the Newbies I knew not to reveal who was the driver so clicked "other" when it asks for relationship to appeal (or something similar). In the appeal itself "We" was used so there was nothing to identify the driver. I also am not sure if a POPLA appeal based on no keeper liability is possible when I am not the keeper.

Hope one of you can provide some advice. It will be much appreciated.


Best wishes,

Scott

pogofish

Post one of the Newbies Sticky covers your circumstances completely..?

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

waamo

Is this a second Britannia ticket you have had? Or is it the same one you already have a thread running about?

PPYSM

Hi All,

Thanks for 3 swift replies.


Pogofish, I know the post gives an overview but was more interested whether you think I will still be eligible to appeal though keeper liability as it seems to be the easiest and most successful.


Waamo, you are correct. This is my second ticket. The first one I hadn't realised that a ticket must be bought within 10 minutes of arrival. In the end I ended up paying after my initial appeal was rejected. I was a chicken and paid the £60 rather than risk the £100. I'm much more angry after a second time so certainly won't be doing that again and I'm sure you can guess that I won't be using that car park any more.

Scott

waamo

Brittania do nothing except send scary letters so stop worrying. Even if you lost at POPLA I still wouldn't pay.

Using "we" is nothing to worry about.

Coupon-mad

But no-one has to pay Britannia.

I laugh when we get a love letter from them! I might understand if you were up against litigious ParkingEye but not Britannia. £60 flushed down the toilet, pointlessly.

I know it would be easier if I just acted on behalf of the keeper but I wanted to assure an elderly relative that she would have no responsibility to pay.

What woud be easiest to protect an elderly relative keeper, would be to have simply appealed in HER name, giving your postal address and a new email address YOU check (in her name). She wold then never ever hear anything, and you could tell her you have dealt with it, and that would be true.

If acting 'on behalf of' the keeper was a good choice for appealing, the NEWBIES thread would have told you it was an option. It's not. IMHO it was a bad idea.

Please, this time, take our advice. Here's why that was a bad plan:

Have you actually got a rejection letter? If not I expect Britannia to wait till it's too late to appeal, then write to/email you telling you that as a third party they can't discuss the matter unless you say who you are in relation to the PCN.

And then guess what? They'll have timed the elderly relative out from appealing, and will send her debt demands. That's what an intelligent PPC would do...if they have a brain cell.

I could be wrong - have you got a POPLA code to prove me wrong with the above?

PPYSM

Again thanks for all the quick replies.


Yeah I have received a response rejecting the appeal with a POPLA code. Such a generic rejection. Do they even read the appeals? See below for the email I received. I have removed the numbers etc.


Dear Mr M***,
Re: Parking Charge Notice Number XXXX (Vehicle: XXXX)
Site: Newcastle - DEX MSCP
Issue date: 23/03/2018
Thank you for your appeal received on 06/04/2018 regarding the above detailed Parking Charge Notice.
Your POPLA verification code is XXXXX.
We have reviewed the case and considered the comments that you have made. This appeal has been
considered in conjunction with the photographs and any evidence provided. Our records show that the
notice was correctly issued as your vehicle was parked in breach of the Terms and Conditions of the
Car Park.
The Parking Charge Notice was issued to your vehicle because you failed to purchase a valid ticket.
It is the Driver!!!8217;s responsibility to ensure that they have read and understood the terms and conditions
for using the car park.
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 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 BPA!!!8217;s Code of Practice.
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.
You have now reached the end of our internal appeals procedure.
You now have a number of options from which to choose:-
1 Pay the Parking Charge Notice at the discounted rate for a further 14 days.Please note that after this
time the discounted rate will no longer apply and the full Parking Charge Notice amount will then be due
within 14 days.
2 If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery
procedures and may proceed with Court action against you.
3 Make an appeal to POPLA !!!8211; The Independent Appeals Service. Please note that if you wish to
appeal to POPLA, you will lose the right to pay the Parking Charge Notice at the discounted rate, and
should POPLA!!!8217;s decision not go in your favour you will be required to pay the full amount. If you opt to
pay the Parking Charge Notice you will be unable to appeal to POPLA.
The POPLA service is only available in England and Wales.
You must submit an appeal to POPLA within 28 days from the date of this outcome letter, by submitting
an online case at Your POPLA verification code is xxxx.
By law we are also required to inform you that Ombudsman Services ()
provides an alternative dispute resolution service that would be competent to deal with your appeal.
However, we have not chosen to participate in their alternative dispute resolution service. As such
should you wish to appeal then you must do so to POPLA, as explained above.!!!8217;
How to Pay:
Internet: Visit and follow the onscreen instructions. Please have your parking
charge Notice number and payment card details ready.
By Phone: Call 0345 5 555888 option 2.
By Post: Make your cheque or postal order payable to Britannia

Coupon-mad

So are you saying they have given a POPLA code to a person who (as far as they know) is neither the keeper nor the driver?

For the love of God don't do the POPLA appeal 'on behalf of' the keeper; do NOT tick that box. Do it in your name as long as you are sure you didn't write anything that implies who the driver was...and say there is no evidence of who was driving and you are not the keeper either. And use the usual templates of course.

PPYSM

Have edited the first post.


Correct. I used relationship to the vehicle as "Other" and used "We parked", "We tried to pay" in the appeal letter.


Will use the templates to write up a POPLA appeal.


Thanks for all your help. I will let you know of the outcome.

Coupon-mad

Not quite edited enough:

I sent Britannia screenshots of my phone showing the issues they were having and when it looked as though they had paid. However, it was rejected with what looks like the standard template they use.

The part I am worried about is that I filled the appeal out on the website. From the Newbies I knew not to reveal I was the driver