Britannia Parking, POPLA Appeal

helpneeded2018

Hello, I have been reading this forum daily since receiving a postal PCN from Britannia Parking for 'failing to make a valid payment', after sending the template in the newbies thread a POPLA code has been received and am drafting up a appeal based on what templates i have found - however before I paste my draft for it to be read, I have a couple of questions below that I am unsure of, any guidance would be appreciated

1.The car is a lease hire company car, the NTK was sent to LEX 13 days from contravention who then gave employers details and Britannia then sent a Notice to Hirer 24 days from contravention. I have read the newbies thread and unfortunately everything was sent in the correct time schedule - however on the Notice to Hirer they have stated that the 'date of contravention' and the 'date of notice' is the same date - the 26th of September, when infact the parking was on the 4th of September. Is this something worth mentioning? I can't find anything regarding this on the forum.
2. They have included POFA 2012 paragraph and both the NTK and NTH seems to be compliant this. Am i unable to argue this point?
3. They have also included 3 images on the appeal rejection of the car parking signs where the £100 is quite clearly shown!! So not sure if there is a leg to stand on using the signage point?



Therefore was going to argue the following points -
1) The Operator has not shown that the individual who it is pursuing is in fact the driver who may have been potentially liable for the charge.
2) The Operator has a lack of standing or authority from the landowner to issue tickets and pursue charges in their own name at court.
3) The ANPR system is unreliable and inaccurate. (the images are merely the car entering and leaving the car park with a black strip across the top with very small date and time on)

I have pieced together my draft so far but just want to see if it is worth mentioning any of the first three points?


Thank you in advance for your assistance!

Castle

Edit your post to remove identifying the driver.

helpneeded2018

Thank you, I have edited accordingly - is it enough?

Castle

helpneeded2018 wrote: »

Thank you, I have edited accordingly - is it enough?

Looks okay now... but have they sent the necessary documents as required by paragraph 13(2) of POFA.

The_Deep

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

Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. It has even been suggested that some of these companies have links with organised crime.

Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.

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

https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)

and complain in the most robust terms to your MP. With a fair wind they will be out of business by in the not too distant future..

MistyZ

Same question as Castle asks above: have Britannia sent a copy of the hire documents? (See POFA paras 13 & 14).

I'm currently helping someone fight a Notice to Hirer and the parking companies' non-compliance with POFA in this particular respect seems, as far as I can tell, to be absolutely key to chances of winning hire car appeals.

Coupon-mad

It's also 100% winner because no PPC encloses any forms/copy of the NTK with a NTH.

helpneeded2018

Thank you for your response - no hire documents were received, however LEX have wrote the dates the car is leased too/from on the NTK that is signed and dated along with the address of the hirer. Which would agree to (A) but B or C have not been followed.
(a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;
(b)a copy of the hire agreement; and
(c)a copy of a statement of liability signed by the hirer under that hire agreement.

nosferatu1001

We know they dont enclose the documents, so your appeal is on that basis

helpneeded2018

Ok thanks - I will draft a appeal tonight and any pointers would be appreciated