Gladstones County Court Claim Form Received 13/08/18

System

Looks (almost) good to go. If you did a POPLA appeal, did you not get pics of the signs there and a copy of the landowner authority with it?

Can you post up a pic of the signs they say were there for a final check and their "contract" if it was provided.

This would be far more useful than formatting - a serious crime on this forum for some.

dredd29

Hi thanks for the heads up. Formatted into the relevant chunks the POPLA assessor responded to:

Then the POPLA assessers decision REJECTION:

Unsuccessful



Assessor summary of operator case:

The operator’s case is that the appellant’s vehicle parked at Mecca Bingo X where the operator issued a g Charge Notice (PCN) for not parking in a marked bay or designated parking area.

Assessor summary of your case:

The appellant’s case is that he is appealing as the registered keeper of the vehicle.

The appellant states that the operator has not complied with the conditions set out in Schedule 4 of the Protection of Freedoms Act (PoFA) 2012.

The appellant states that the operator has not demonstrated who the driver of the vehicle is.

The appellant states that the operator has failed to provide any evidence demonstrating that it has the written authority of the landowner to manage parking at the site and to issue PCN’s.

The appellant states that the signage at the site does not comply with the Section 18 British Parking Associations (BPA) Code of Practice.

The appellant states that as the signage is not clear and prominent no contract was entered into by the driver.

The appellant has provided a letter outlining his appeal in detail and photographic evidence of the site.

Assessor supporting rational for decision:


The operator has provided photographic evidence of the appellant’s vehicle parked at the site at 09:59 on 29 November 2017. This evidence demonstrates that the vehicle was parked in a access road. The operator has provided photographic evidence of the signage in place at the site showing the terms and conditions. They state, “CONTRACT TO ENTER AND PARK. BY ENTERING, YOU AGREE TO ABIDE WITH THE FOLLOWING CONDITIONS” and “NO PARKING ON ACCESS ROAD AT ANY TIME”. They continue, “PARKING CHARGE £100” and “By failing to comply with any of these conditions you are contractually agreeing to pay the parking charge of £100”.

POPLA is an evidence-based appeals service. All appeals are decided using the evidence and statements from the appellant and the parking operator, using the BPA Code of Practice as guidance for an expectation of minimum standards. POPLA’s main responsibility is to determine whether a PCN was issued in accordance with the terms and conditions.

The appellant states that he is appealing as the registered keeper of the vehicle. The appellant states that the operator has not complied with the conditions set out in Schedule 4 of the Protection of Freedoms Act (PoFA) 2012. The appellant states that the operator has not demonstrated who the driver of the vehicle is. As the appellant has not named the driver of the vehicle, the operator is required to demonstrate that it has transferred liability to the keeper of the vehicle, by strictly complying with the conditions set out in Schedule 4 of PoFA 2012.

I have reviewed the Notice to Keeper and I am satisfied that the operator has shown strict compliance with PoFA 2012 and as such, liability has been transferred to the keeper of the vehicle.

The appellant states that the operator has failed to provide any evidence demonstrating that it has the written authority of the landowner to manage parking at the site and to issue PCN’s. Section 7.2 of the British Parking Association’s (BPA) Code of Practice states, “If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken. In addition, section 7.3 of the BPA’s Code of Practice sets out the conditions that the written authority must include.

The operator has provided a signed redacted contract between the landowner and operator. Although this contract is redacted, I am satisfied that it demonstrates that the operator has the authority of the landowner to manage parking at the site.

The appellant states that the signage at the site does not comply with the Section 18 British Parking Associations (BPA) Code of Practice. The appellant states that as the signage is not clear and prominent no contract was entered into by the driver. The appellant has provided a letter outlining his appeal in detail and photographic evidence of the site.

Section, 18.2 of the BPA Code of Practice states “Entrance signs play an important part in establishing a parking contract and deterring trespassers. Therefore, as well as the signs you must have telling drivers about the terms and conditions for parking, you must also have a standard form of entrance sign at the entrance to the parking area. Entrance signs must tell drivers that the car park is managed and that there are terms and conditions they must be aware of”.

Additionally, section 18.3 states, “Specific parking-terms signage tells drivers what your terms and conditions are, including your parking charges. You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand”.

From the photographic evidence provided, I am satisfied that the signage at site meets the BPA Code of Practice and that the terms and conditions of the site are both “conspicuous and legible”. Therefore, it is reasonable to accept that the motorist had the opportunity to see the signage and agree to the sites terms and conditions before parking.

In addition, the photographic evidence of the appellant’s vehicle shows that the vehicle was parked close to signage, demonstrating that the driver had a reasonable opportunity to review this before parking. When parking on private land, it is the responsibility of the motorist to ensure they adhere to the terms and conditions of the car park. By entering into the car park and remaining in this area, the motorist is agreeing to the terms and conditions in place and agreeing to pay the PCN if they do not comply with them. The terms and conditions of the site state that vehicles are not allowed to park on access roads, by parking on the access road the motorist has not complied with the terms and conditions in place.

In conclusion, from the evidence provided I can only determine that the appellant has not complied with the terms and conditions by failing to park correctly within a marked bay. Therefore, I determine that the operator issued the PCN correctly. Accordingly, I must refuse the appeal.

System

Can you post up a pic of the signs they say were there for a final check and their "contract" if it was provided.

This would be far more useful than formatting - a serious crime on this forum for some.

And the signs?

dredd29

Hi

Can you attach JPG files to thread posts?

Having a nightmare here what ever I posted above has resulted in a message on my laptop “sorry the administrator has banned your IP address. To contact administrator click here”. So can’t access my thread off my laptop where the sign photos are stored ! I’ve emailed MSE what the problem is but no response ! Any moderators on here able to help me to unlock this problem so I can upload the signs ?!

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/74700980#Comment_74700980

https://forums.moneysavingexpert.com/discussion/5706338/please-dont-copy-and-paste-from-word-outlook

There are no Mods here. Read those threads and show us a Dropbox link but BREAK IT FIRST, by removing the http or www, and/or changing . to 'dot' or adding a space where no space really exists. we can then see the broken link and rebuild it.

System

There is no problem in posting images as I did it this morning here.

https://forums.moneysavingexpert.com/discussion/5889566/letter-of-claim-county-court-help#15

Upload the image to tinypic.com and use the

dredd29

Hi IamEmanresu

Thanks for your help and advice with Tinypic, here goes try to upload pics first of the photos contained within the PPC evidence pack :-

dredd29

Trying to upload the Tinypic links and now get MSE message saying:

Sorry as a new user you are not allowed to post with links. This is done to stop spammers clogging up the site. Please edit your message below to continue.

Painful !

Coupon-mad

Yes but we all know that...come on, break the link like ALL OTHER newbies do.

Ahem, I told you what to do, in post #16:

show us a Dropbox link but BREAK IT FIRST,

I then took time to explain this further. Sometimes I wonder, why do I bother?

dredd29