Britania Parking PCN - Bournemouth

Nonconform

HI,

I have received a NTK from Briannia Parking with no prior ticket issued on the windscreen. The car park is essentially a waste ground with ANPR cameras & CCTV so i don't think it is physically patrolled.

I've read the NEWBIES thread and and responded to Briannia using the initial template letter. They have responded and issued a POPLA code. Please would someone help/advise if the NTK wording is compliant with the Protection of Freedoms Act 2012 (POFA):

"Protections of Freedoms Act 2012 Paragraph:
You are notified under paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the vehicle is required to pay this parking charge in full. If the you were not the driver of the vehicle at the time, please inform us of the name and current postal address of the driver and pass this notice to them.

You are advised that if, after 29 days from the date given (which is presumed to be the second working day after the Date issued), 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 you as the vehicle's Registered Keeper.This Notice is given to you under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to our compliance with the applicable conditions under Schedule 4 of the Act."

Not sure if there is a way to upload a screenshot of the NTK so i typed out what i think is the relevant bit.

Thank you for help!

Quentin

There's a link to Pofa in the FAQ (#1) or Google for it

beamerguy

So, what did they say you did wrong ..... their claim

POFA2012 is a bit like the San Andreas fault with cracks in it.

Of course they want to know who the driver is, makes it easy for them.

When they then turn to the keeper, this can only be an assumption who was the driver but they never know and you are under no obligation to tell them ... DON'T TELL THEM or indicate.

So, what's the full story .... as the KEEPER

Fruitcake

Nonconform wrote: »

HI,

I have received a NTK from Briannia Parking with no prior ticket issued on the windscreen. The car park is essentially a waste ground with ANPR cameras & CCTV so i don't think it is physically patrolled.

I've read the NEWBIES thread and and responded to Briannia using the initial template letter. They have responded and issued a POPLA code. Please would someone help/advise if the NTK wording is compliant with the Protection of Freedoms Act 2012 (POFA):

"Protections of Freedoms Act 2012 Paragraph:
You are notified under paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the vehicle is required to pay this parking charge in full. If the you were not the driver of the vehicle at the time, please inform us of the name and current postal address of the driver and pass this notice to them.

You are advised that if, after 29 days from the date given (which is presumed to be the second working day after the Date issued), 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 you as the vehicle's Registered Keeper.This Notice is given to you under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to our compliance with the applicable conditions under Schedule 4 of the Act."

Not sure if there is a way to upload a screenshot of the NTK so i typed out what i think is the relevant bit.

Thank you for help!

"You are advised that if, after 29 days from the date given (which is presumed to be the second working day after the Date issued) …"

Those words do not appear in the POFA. To find out how it fails, you need to compare it to the actual wording using the information already mentioned by Quentin.

You can upload images to a web hosting site such as postimages, tinypic, or dropbox, then paste the URL here but change http to hxxp. Someone will then change it back to a live link.
make sure all personal info is redacted, there are no other personal images on the host site, and you have not registered on said host site with your real name.

Coupon-mad

But the short answer is - don't waste your POPLA appeal on this point (at all). POPLA believe this is compliant, and to be fair, so do I:

Please would someone help/advise if the NTK wording is compliant with the Protection of Freedoms Act 2012 (POFA):

"Protections of Freedoms Act 2012 Paragraph:
You are notified under paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the vehicle is required to pay this parking charge in full. If the you were not the driver of the vehicle at the time, please inform us of the name and current postal address of the driver and pass this notice to them.

You are advised that if, after 29 days from the date given (which is presumed to be the second working day after the Date issued), 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 you as the vehicle's Registered Keeper.This Notice is given to you under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to our compliance with the applicable conditions under Schedule 4 of the Act."

Nonconform

Thanks for all your replies. I had already checked the POFA 2012 wording against the NTK and it seemed that the NTK was compliant but i thought it would be worth checking on the forum with someone who was more experienced/competent. (Thank you Coupon-mad)

The contravention according to the NTK states: "failed to make a valid payment".

The follow up from Britannia when they emailed me with the POPLA code stated: "The Parking Charge Notice was issued to the vehicle because the pay and display ticket had expired."

The original NTK contained images of the offending vehicle and vehicle's license plate.

On request, Britannia have also emailed photograph evidence - this was of the car park but not of the offending vehicle.

To be honest i'm a little bit out of my depth as it seems Britannia have upped their game, probably in response to previous successful challenges. It seems that the only points to put in the appeal, are around signage and no evidence of landowner authority.

Should i continue with the appeal - is it worth uploading the NTK and other correspondence, car park photos, etc to this thread?

Coupon-mad

What about Grace Periods?

How many minutes did it take (if they have shown this) before purchasing the ticket and - also, separately - how many minutes after expiry of the ticket?

Nonconform

entry was a few minutes before the ticket was purchased and exit was roughly 20 minutes after the ticket expired.

Coupon-mad

Any Google maps data stored on your dashcam, telemetrics or phone/passenger's phone to disprove those exaggerated ANPR timings?

Nonconform

Unfortunately, nothing that would help.

The photos of the car park show a wasteland with no parking bays and some signs, parking meters, etc. They were taken sometime near the beginning of 2018, according to the dates. Would it help to see them if i can get them uploaded and should i take my own photos to use as evidence if i proceed with the POPLA appeal?

Thanks

Nonconform

Also may be worth mentioning that the car was driven into the car park using the exit not the entrance to reduce risk of damage to the underside (pretty diabolical slope and rough ground). Would need to check visible signage for this route into the car park - if that's relevant?