ECP popla stage help

Bloyal

A ntk was received and steps followed from the newbie post to appeal which has come back unsuccessful as expected. The ntk is for non payment at Manor Park Country Park, West Malling. The Driver at the time had followed road signs for roughly 3/4 of a mile advertising a cafe and eventually followed a sign leading into a off road woodlands. As the driver believed they had taken a wrong turning they failed to notice signs regardaing parking. There were no designated parking lines/bays just the woodland area leading into the country park. The cafe itself was at the entrance to the park and in total it took them about 30 mins to serve the passenger of the vehicle, the driver had remained in the car.

The rejection letter has provided the popla code, entry and exit pictures of the vehicle, a picture of the sign ( which presumably is at the entrance ) and it has also been sent via email although the copied template expresses mail corresponadnace only.

Rejection wording is as follows

!!!61623; The car park is operated by Automatic Number Plate Recognition (ANPR).
!!!61623; Cameras capture an image of vehicles entering and leaving the car park and calculate their
length of stay on site.
!!!61623; When purchasing a pay and display ticket, you must enter the correct vehicle registration
number (VRM) and this information is directed to the camera system.
!!!61623; I can confirm that no pay and display ticket matching your VRM was purchased at the time of
the terms and conditions.
!!!61623; The signage is clear, a valid pay and display ticket must be purchased for the full duration of
your stay on the car park.
!!!61623; On private land, and this includes private land owned by public bodies, it is the driver who is
liable any charges arising from a trespass or for not complying with the rules for parking, which in most cases is simply a breach of contract, and it is the driver who is trespassing or breaches the contract.
!!!61623; Please be advised that we strictly adhere to the BPA Code of Practice – where as a company we have to have all necessary documents in place. Therefore if you decide to process our rejection through POPLA certain extracts of these documents will be made available.
!!!61623; Euro Car Parks is a member of the BPA which is an Accredited Trade Association with the DVLA and has an approved Code of Practice.
!!!61623; Please be advised that there are a number of signs around the car park indicating the restrictions of the site directly complying with the BP.
!!!61623; I can confirm the parking charge notice was issued correctly and remains payable.

I have searched for recently posts on non payment, no ticket and also the venue but with no luck, any help on how to approach the popla letter would be appreciated

Redx

post #3 of the NEWBIES FAQ sticky thread tells you all about POPLA appeals, with suitable legal arguments

Coupon-mad

I have searched for recently posts on non payment, no ticket and also the venue but with no luck,

That's because that argument would lose at POPLA! Not that it matters if you do lose, no-one here PAYS a PPC chancer, but POPLA is worth a try, as per the NEWBIES thread.

Did you already blab about who parked the car/that the appellant was driving?

Bloyal

No admission as to who was driving, so far just sent the copied blue wording on the newbie thread which has now come back as rejected.

Coupon-mad

OK, so arguing about non payment is not a feature of any POPLA appeal. Just search the forum for a similar one, maybe with keywords like Euro POPLA ANPR keeper

Bloyal

Thanks for replies, I’ve found two templates, one for signage and the other for keeper of the vehicle so will use them.

The photo of the sign at the site that was sent to me with the rejection email seems to have issues such as small writing regarding the penalty etc. They do claim there are other signs around the car park but didn’t provide any photos of them does this matter ?

Will update when I hear back from popla in the meantime thanks for advice

Umkomaas

There are around 4 or 5 template appeal points (each in the NEWBIES FAQ sticky, post #3) of which you should consider using as many as possible.

Coupon-mad

What about ''no landowner authority'', and the ''ANPR ICO Surveillance Camera CoP'' one you would have found after doing the keyword search I suggested?

Castle

It's run by Kent County Council so not relevant land:-
https://www.kent.gov.uk/leisure-and-community/kent-country-parks/manor-park-country-park

Coupon-mad

That's a major point to include, like in the thread by MISSY_me (no link, go find it).

Bloyal

Reply back from popla today, saying Euro Car Parks do not wish to contest the appeal and as such the Pcn is cancelled

Thanks to all that took time to reply and help.