Britannia Parking Charge - appeal rejected

dlbriffa

Hi there

I recently received a "parking charge notice - notice to keeper" in the post. No windscreen ticket was put on the car, it was issued via automatic number plate readers.

I followed your advice and appealed online using your template. This appeal has been rejected. I have not identified the driver at any time.

In the stuff they sent me was a popla code and several photos of the car park taken in daylight. It's worth noting that at the time that my car was in the car park, it was evening and so would have been dark. Entry and exit times are stated by them on the original parking charge notice.

The driver purchased a ticket but Britannia state "the parking charge notice was issued to the vehicle because the pay and display ticket had expired". There is a 10 minute grace period. They have not stated the expiry time of the ticket.

They state that the signage in the car park meets the requirements of the BPA. They are standard blue signs and whilst they are visible, the text is small and it would have been dark so it would have been hard to read properly.

My question really is do you think it is worth pursuing a popla appeal given the information above?

Thank you for your help.

twhitehousescat

several photos of the car park taken in daylight. It's worth noting that at the time that my car was in the car park, it was evening and so would have been dark.

please explain the above


was the car in the car park at the time they state ?

ANPR , where the pictures one of the car entering and one of it leaving

KeithP

Yes definitely worth appealing to PoPLA - unless of course you actually believe everything Britannia have told you.

Go to post #3 of the NEWBIES FAQ sticky thread for suggestions on how to create a PoPLA appeal.

Go and take some pictures of the car park and signs at the time of day the car was there to show how difficult they are to find/read. Do not use flash.

The_Deep

It is the will of Parliament that these scammers be put out of business. Hopefully that wil take place in the near future. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one Iwhich I wrote earlier

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. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially 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.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

beamerguy

dlbriffa wrote: »

In the stuff they sent me was a popla code and several photos of the car park taken in daylight. It's worth noting that at the time that my car was in the car park, it was evening and so would have been dark. Entry and exit times are stated by them on the original parking charge notice.

The driver purchased a ticket but Britannia state "the parking charge notice was issued to the vehicle because the pay and display ticket had expired". There is a 10 minute grace period. They have not stated the expiry time of the ticket.

They state that the signage in the car park meets the requirements of the BPA.

If they are going to claim an overstay then they must prove that overstay with the expiry of the ticket. ANPR is known to have flaws and is not 100% reliable. A statement made on BBC Watchdog by the BPA CEO

If they have sent pictures of the signs in daylight, you need to take your own pictures and date stamp them showing the signs at night.

What times do the ANPR images show

A good defence at POPLA should win

Fruitcake

There are two grace periods, each of ten minutes according to the BPA CoP. One before the parking event and one after.

If the vehicle left without exceeding the sum of both periods, then complaints should be made to the BPA and DVLA that the scammers are not adhering to the BPA CoP.

Please also complain to your MP no matter what about this unregulated scam.

dlbriffa

Yes the car was there at the stated times (which was dark). The photos they took are in daylight.

dlbriffa

Sorry didn't answer all the other questions. Yes there are photos of the car entering and exiting the car park with timestamps. The only thing they haven't stated the times for is the ticket time.

Also forgot to say that I complained to the owners of the car park (a pub) and no-one has even bothered to reply! I've also complained to my MP.

The car was parked for one hour and 23 minutes. The ticket was for one hour and the grade period is 10 mins either side.

beamerguy

dlbriffa wrote: »

Sorry didn't answer all the other questions. Yes there are photos of the car entering and exiting the car park with timestamps. The only thing they haven't stated the times for is the ticket time.

Also forgot to say that I complained to the owners of the car park (a pub) and no-one has even bothered to reply! I've also complained to my MP.

The car was parked for one hour and 23 minutes. The ticket was for one hour and the grade period is 10 mins either side.

Well it's the timestamps that will tell if it was daylight or evening

A PUB ? You need to make it very clear to the landlord that they are responsible for the action of their agents and if this goes to court you wil involve them

I assume you spent money in this pub

Fruitcake

dlbriffa wrote: »

Sorry didn't answer all the other questions. Yes there are photos of the car entering and exiting the car park with timestamps. The only thing they haven't stated the times for is the ticket time.

Also forgot to say that I complained to the owners of the car park (a pub) and no-one has even bothered to reply! I've also complained to my MP.

The car was parked for one hour and 23 minutes. The ticket was for one hour and the grade period is 10 mins either side.

Was this timed by an occupant of the car, or have you incorrectly assumed that ANPR records parking time not time on site?

twhitehousescat

dlbriffa wrote: »

Sorry didn't answer all the other questions. Yes there are photos of the car entering and exiting the car park with timestamps. The only thing they haven't stated the times for is the ticket time.

Also forgot to say that I complained to the owners of the car park (a pub) and no-one has even bothered to reply! I've also complained to my MP.

The car was parked for one hour and 23 minutes. The ticket was for one hour and the grade period is 10 mins either side.

correct have you accounted for time to enter and time you left after you parked for1 hr 23 mins



looking back , 1 hr + 2 x grace periods is less than the time stated , , you are guilty as charged

sounds like you paid for an hour and ran late , the grace periods are not for that , they are for time to buy a ticket and time to exit , not stroll back from the supermarket