Britania Parking PCN - Bournemouth

Nonconform

fair enough, no worries. It was all the images i linked in point one 1. No Evidence of Period Parked – NTK does not meet PoFA 2012 requirements on this page for the post starting

Hi Coupon-Mad following your advice and comment:

Coupon-mad

I can't see them on this laptop for some reason, the images do not open for me.

beamerguy

Nonconform wrote: »

fair enough, no worries. It was all the images i linked in point one 1. No Evidence of Period Parked – NTK does not meet PoFA 2012 requirements on this page for the post starting

Where are these images ?

Nonconform

Not sure why the links aren't working, probably something I've got wrong but don't waste your time any further as I've submitted the appeal to popla now as it was due. Thank you for all your help; you guys are amazing especially as you give up your time for free. I will prepare for the rebuttal stage - may need a bit of support for that - but will keep you posted. THANK YOU xx

nosferatu1001

Did you embed the images into the appeal, or provided links?
The latter is a bad idea as the assessors wont or cant follow them.

Nonconform

i embedded them into the appeal - i only used links for the forum.

Nonconform

Hi,

BP have responded to the POPLA appeal. I have pasted their statement below. They have included machine data showing a ticket purchase for the registered keeper's vehicle, pictures of the car park unrelated to the dates of the alleged transgression and a redacted contractual agreement to operate on behalf of the landowners (which you guys may be able to have a field day with if i could upload it?). If you recall, the driver of the vehicle never entered the car park via the entrance and was captured manoeuvring around the exit to the car park on two separate occasions. Please would you help me with the rebuttal comments:

---

Dear Sir/Madame,

Please find enclose our detailed statement for Parking Charge Notice XXXXX. On <DAY> Xth Month 2018 vehicle XXXXXX entered Bournemouth – Exeter Park Road Car Park at XX:XXpm. This car park uses Automatic Number Plate Recognition (ANPR) and is pay on entry-our signage advise of this. Please note this car park is a private land with restrictions apply to all vehicles at all times. There is no attendant on the site.

A transaction took place at XX:XXpm and a 2hours ticket was paid for – please see attached machine data. This would give the ticket an expiry time of XX:XXpm, the motorist did not leave the car park until XX:XXpm; ticket purchased did not cover their whole stay. The vehicle was observed for X hours and XX minutes in total.

Therefore, the system generated a Parking Charge Notice. Please see pictures of our signage attached, signage advises that £100 Parking Charge Notice may be issued to vehicles which fail to make a valid payment. Please see the pictures from this site which were taken in February and September 2018. Terms and conditions remain unchanged.

By remaining in the car park without valid ticket, the appellant has not complied with the terms and conditions of the site. By remaining parked, the motorist was agreeing to conditions of the contract. It is ultimately the responsibility of the motorist to ensure they seek out and adhere to the terms and conditions displayed throughout the site.

Should you find yourself unable to operate our car parking machines or experience any difficulties on site, the signage clearly shows contact details for Britannia Parking which are accessible 24hrs. Please note, the motorist has not purchased additional ticket to cover their whole stay. We also offer a late payment option should an overstay happen, we allow up to 48 hours after the driver has left the car park to call to make a late payment or inform us of the situation should the driver contact us.

We are members of the British Parking Association (BPA) and we follow their Approved Operator
Scheme, Code of Practice at all times. Section 13 – Grace Periods, details that once the parking
contract has ended (ticket has expired), we must give the driver a reasonable period of time to leave
the car park. We have a 10 minute grace period at this car park. If the driver has not purchased
another ticket or left the car park by the time the 10 minute grace period has been reached, a Parking
Charge Notice will be issued, for breaching the terms and conditions of 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 car parks are regularly audited
and 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’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 additional ticket you have broken the terms and conditions,
and consequently, we consider the Parking Charge Notice to be valid and correctly issued.

We have authorisation to act on behalf of the landowners, ensuring that the terms and conditions are
adhered to. We have full authority to issue Parking Charge Notices on their behalf. A copy of the
contract with the land owner has been enclosed to show that we have a contractual agreement to
manage the parking facilities, with all sensitive company information redacted.

This car park is private property, parking is operated subject to the terms and conditions within the
notice which is the signage (the ‘’Parking contract’’) and by parking, waiting or otherwise remaining
within the private car park the customers enter into a contract with the private operator and agree to
comply with the parking contract. They are authorised to park only if follow terms and conditions, if
fail to comply they accept liability to pay the fee for unauthorised parking (the ‘’Parking Charge’’).
We uploaded the Parking Charge Notice data on XX/XX/2018 and requested DVLA Keeper details on
XX/XX/2018. Keeper details were added to the Parking Charge Notice on XX/XX/2018 and a letter was
then generated and posted on XX/XX/2018.

We received an appeal on XX/XX/2018 from the keeper of the vehicle. The appeal case was investigated to see why a Parking Charge Notice was generated. We responded on XX/XX/2018 advising it was issued correctly; A ticket purchased did not cover their whole stay;

The Parking Charge Notice is POFA compliant they are therefore liable for the Parking Charge Notice unless they wish to transfer liability to the driver at the time. This information has been provided in the appeal.

nosferatu1001

Break the link. Upload to imgur etc and change HTTP to HXXP. We then fix the link for you.

No idea why you keep clearing the times from your posts. Its really unhelpful, as we dont know how close to the grace you are.

Nonconform

Thanks nosferatu1001. The alleged overstay was stated as 22 mins. Was advised to redact sensitive info like times / dates. The landowner agreement is in PDF format - sorry i didn't follow on how to upload to imgur as it seems to only accepts pictures?

Nonconform

Some of my proposed comments back would be:

BP have not produced evidence of the car entering the car park, only pictures of the car manoeuvring at the exit on two separate occasions. BP have also not produced images of the car parked in the car park for the alleged length of stay.

The following fields have been redacted in the landowner agreement contract:

CUSTOMER
SERVICES
PARKING TARIFF REVENUE AND ACCOUNTING
PARKING CHARGE NOTICE REVENUE (PCN)
INSURANCE
CONFIDENTIALITY
SIGNATURE & NAME OF CUSTOMER
SIGNATURE & NAME OF SUPPLIER