POPLA RESULT RECEIVED - Britannia Parking PCN

Jakeh_2

Hi all, me again!

I've made the trip to collect some photos. Unfortunately, I can't share them here due to being a new user - if anyone can advise on how I can share them with you that'd be great.

I am satisfied that the signs dotted around the car park are not well lit - they have no lights at all and are virtually impossible to see.

The only light source is a public street lamp which is not on the private land. This slightly illuminates a sign which is located in the centre of the entrance so in theory this sign is in view, but it's located about 8ft from the ground. Approx. 3ft above this is the ANPR camera. and approx 4ft above the ANPR camera there is a flood light. This flood light is NOT in use which is proved in my evidence.

As you enter the car park there is a - what appears to be - security hut on the right hand side which you do not directly drive past as it's located on the side where the exit to the car park is used. There are two signs on the security hut which stipulate the terms and conditions of the car park. You would absolutely not be able to read these as you enter the car park. There is lots of small print on these signs, but other than that it seems to conform with the required specification (from what I can recall - £100 charge listed in big writing, states it's ANPR monitored etc.) I've taken a picture, but it was only readable when I used a torch and stood right next to it which is obviously an issue.

There are several smaller signs dotted around the perimeter of the car park which interestingly differ from the signs on the security hut. These smaller signs refer to GDPR and information on how the Operator processes your personal data. It advises you to check their website or call a telephone number for further information. It appears that the signage fails to transparently warn drivers of what the ANPR data will be used for. There is a very small amount of writing in tiny font which states "The automatic number plate recognition (ANPR) cameras in this car park are used for the prevention and/or detection of crime, and the Data collected may be shared with third parties for these purposes.". This seems like a failure to indicate the 'commercial intent' of the cameras which is in breach of the BPA CoP and the Consumer law. Would you agree?

As mentioned these smaller signs are almost completely invisible and are only readable upon standing approx 1ft away with a torch. I have taken several photos of these signs from different distances. I have also taken a photo from the middle of the car park and again the signs are almost impossible to view. Not only could I barely make out that there was a sign there as I was stood in front of it, being in a vehicle would only decrease the likelihood of these signs being seen.

The only doubt in my mind is upon entrance to the car park there is the sign in the centre of the entrance to the car park which does state "Camera Controlled. Pay On Arrival. Terms and Conditions apply. See notices in car park for more details Private Land." which is slightly illuminated due to the street light on the public road (not forgetting there is a flood light above this, but it's not working). However, turning into this car park from a 30mph road and the sign being approx. 8ft from the ground is likely to have made it difficult to see (as proved in this case).

I'd like to share these photos with you if someone can give me any guidance how to do this (as mentioned previously, I'm unable to upload links).

I'll carry on with my POPLA appeal tomorrow and share it with you guys afterwards.

Thanks for your continued support.

Jakeh_2

Also to add this was the response from my initial appeal - having reviewed a few responses on here it looks as though the same stock reply was given - my question is ... Is it safe to assume the identity of the driver has not been disclosed? On the online form you appeal with I'm confident I appealed as the RK, which I am.

We have reviewed the case and considered the comments that you have made. This appeal has been
considered in conjunction with the photographs and any evidence provided. Our records show that the
notice was correctly issued as your vehicle was parked in breach of the Terms and Conditions of the
Car Park.
We have attached photographs of the number and placement of the signage at this site and another
showing lighting above the signage on entry, which is also near the pay machines.
The Parking Charge Notice was issued to the vehicle because a valid ticket was not purchased. It is the
driver’s responsibility to ensure that they have read and understood the terms and conditions for using
the car park.
Britannia Parking is an active member of the British Parking Association (BPA) and we follow their
Approved Operators Scheme, Code of Practice at all times. 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 regarding signage and notifying the driver of the terms and conditions.
Section 13 – Grace Periods, details that you have 10 minutes grace period on arrival to purchase a
valid ticket. If the driver has not purchased a ticket within the 10 minute grace period, a Parking Charge
Notice will be issued, as the driver has breached the terms and conditions of the car park
Therefore we consider there to be sufficient, clearly visible signage in the car park to draw your
attention to the terms and condition of the parking contract that is on offer. By leaving your vehicle in
the car park you have broken the terms and conditions and therefore we believe the Parking Charge
Notice to be valid and correctly issued.
You have now reached the end of our internal appeals procedure.
You now have a number of options from which to choose:-
1 Pay the Parking Charge Notice at the discounted rate for a further 14 days.Please note that after this
time the discounted rate will no longer apply and the full Parking Charge Notice amount will then be due
within 14 days.
2 If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery
procedures and may proceed with Court action against you.
3 Make an appeal to POPLA – The Independent Appeals Service. Please note that if you wish to
appeal to POPLA, you will lose the right to pay the Parking Charge Notice at the discounted rate, and
should POPLA’s decision not go in your favour you will be required to pay the full amount. If you opt to
pay the Parking Charge Notice you will be unable to appeal to POPLA.
The POPLA service is only available in England and Wales.
You must submit an appeal to POPLA within 28 days from the date of this outcome letter, by submitting
an online case at POPLA WEBSITE HERE Your POPLA verification code is CODE HERE.
By law we are also required to inform you that Ombudsman Services - OMBUDSMAN LINK HERE
provides an alternative dispute resolution service that would be competent to deal with your appeal.
However, we have not chosen to participate in their alternative dispute resolution service. As such
should you wish to appeal then you must do so to POPLA, as explained above.’
How to Pay:
Internet: Visit PCC WEBSITE HERE and follow the onscreen instructions. Please have your parking
charge Notice number and payment card details ready.
By Phone: Call 0345 5 555888 option 2.
By Post: Make your cheque or postal order payable to Britannia Parking
Yours sincerely,
Appeals Departmen

KeithP

Please remove your PoPLA code from your latest post before some rascal appeals on your behalf admitting everything.

Upload any pictures you want to show us to your favourite webhosting site, tinypic and imgur are two but there are many many others, and post a link here.

As a new user you will need to break the link, but changing http to hxxp is often enough.

Jakeh_2

Well spotted, Keith. Thanks.

These couple of images were taken from the middle of the car park facing towards the rear. The lights in the picture are hundreds of yards away on the other side of a river.





IMAGES NOW REMOVED

Le_Kirk

Jakeh wrote: »

Well spotted, Keith. Thanks.

These couple of images were taken from the middle of the car park facing towards the rear. The lights in the picture are hundreds of yards away on the other side of a river.
This image is one of the smaller signs dotted around the perimeter

The same sign after being light up with a torch

The entrance to the car park, note the only light is from the public street lamp.

As you drive into the car park, the view from the drivers perspective of one of two signs on the 'security hut'

The second of two signs on the security hut from approx 5ft away

The same sign displayed using a torch with lots of small font literature.

Full album:

Here is your post with the links made live


Now [STRIKE]"unlived"[/STRIKE] deleted at OP's request

Jakeh_2

Legend. Thanks!

MistyZ

The appeal rejection doesn't indicate that you revealed the identity of the driver. If you're confident that you correctly appealed as the RK then go with that.

The car park and signs are very poorly lit indeed. If I were driving on my own at night I would not feel safe stopping and parking there. That can't be an appeal point but I'm not easily deterred and if I feel that a car park too dark for personal safety I'm pretty sure the lighting is bad.

Don't give Britannia any tiny glimmers of light (literally) to use against you, it's obvious that the lighting is appalling. You choose the photos. If they do try to provide 'evidence' that signage was adequate you'll be in a good position to refute it. But keep the ones you illuminated yourself they'll be handy for reference purposes.

Jakeh_2

I've completed my first draft. To me - an untrained eye - it looks OK.


Can you give it a read and let me know where I can improve? (if someone can make the link live like Le_Kirk kindly did that'd be great.)

Thanks

Le_Kirk

Here is your link made live: -
https://drive.google.com/open?id=1h7wxtHI1HRJJLpGU5SMeIntJVnvgNXwW

Jakeh_2

Thanks again sir!