POPLA Comments Stage - Double Dipping case - Care Parking

michellearmstrong20

Hi,

The driver is at the POPLA comments stage and I could really do with someone's help please in rebutting their evidence pack if anyone can spare the time?

Summary: Driver appealed to POPLA regarding an overstay in the Range car park, 2 hours max free parking for customers. ANPR states car stayed for 2 hrs 22 mins however it was two visits. A photo of a pay & display ticket with car reg on it has been submitted as proof the car was elsewhere. Appealed on many points, not just the pay & display ticket as per the kind advice of MSE. They state the driver was not a customer due to never submitting evidence in original appeal (my mistake - mentioned he had a receipt in appeals to parking operator and POPLA but just said they could be sent if requested, which they never where so never actually submitted them as evidence).

Appeal Points raised:


1) Grace Period: BPA Code of Practice–non-compliance
2) There are no entrance signs for the regular entry and signs in this car park are not prominent, clear or legible from all parking spaces. Furthermore, there is no marked parking bay at the location nor boundary of the venue
3) No Evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice
4) Failure to comply with the data protection 'ICO Code of Practice' applicable to ANPR (no information about SAR rights, no privacy statement, no evaluation to justify that 24/7 ANPR enforcement at this site is justified, fair and proportionate). A serious BPA CoP breach
5) No Evidence of Period Parked – NtK does not meet PoFA2012 requirements
6) Vehicle Images contained in PCN: BPA Code of Practice – non-compliance
7) The alleged contravention did not occur - The ANPR System is Neither Reliable nor Accurate
8) The Signs Fail to Transparently Warn Drivers of what the ANPR Data will be used for
9) No Planning Permission from St Helens Council for Pole-Mounted ANPR Cameras and no Advertising Consent for signage



Some of Care Parking's Evidence Pack:

https://www.dropbox.com/sh/w17sq6j9ki1uyok/AABIFm-kSPZn5y0rBayPNQ2Fa?dl=0

Ntk front page:

https://www.dropbox.com/s/yyklauc02ynkcso/Photo%2003-01-2019%2C%2015%2036%2041.jpg?dl=0

Ntk back page:

https://www.dropbox.com/s/r2e6wns5zzzbyeu/Photo%2003-01-2019%2C%2015%2046%2001.png?dl=0

Fruitcake

I can't open those images. It needs a google account to do so as far as I can tell. Even then it may not be possible for others to see them.

I suggest you upload them to a web hosting site such as tinypic, dropbox, or postimage then paste the URLs here.

Have you complained to the landowner/retail manager?

Have you complained to your MP about this unregulated scam?

michellearmstrong20

Thank you Fruitcake, I will try Dropbox.
It was previously appealed to landowner who were unhelpful and just said they don’t deal with tickets and to appeal to care parking

The_Deep

I cannoty open them either.

Please clarify, did you lose your PoPLA appeal? Read this


It is the will of Parliament that these scammers be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which 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.

michellearmstrong20

Thanks The Deep, no I have not lost at POPLA, I have appealed to them and now the parking operator have submitted an evidence pack including a redacted landowner contact, I am Just trying to get the links working so you can see their evidence

Many thanks

steve1500

Hit them with a SAR You will need to give them the approximate times of entering & leaving the Car Park for the images.


But make sure you also ask for everything else, which will be the request to DVLA & any letters to yourself

michellearmstrong20

steve1500 wrote: »

Hit them with a SAR You will need to give them the approximate times of entering & leaving the Car Park for the images.


But make sure you also ask for everything else, which will be the request to DVLA & any letters to yourself

Hi Steve, I am at the comments stage And I didn’t mention SAR in my original appeal, can I still do it now in the comments?

Many thanks for the info
Michelle

Redx

the SAR has no place in a popla rebuttal


I think he means if it goes further

michellearmstrong20

Redx wrote: »

the SAR has no place in a popla rebuttal


I think he means if it goes further

Ah ok thanks Redx

michellearmstrong20

Fruitcake wrote: »

I can't open those images. It needs a google account to do so as far as I can tell. Even then it may not be possible for others to see them.

I suggest you upload them to a web hosting site such as tinypic, dropbox, or postimage then paste the URLs here.

Have you complained to the landowner/retail manager?

Have you complained to your MP about this unregulated scam?

Hi Fruitcake,

If you get time could you try the link again please to let me know if it has worked this time? Ive done it with Dropbox this time so fingers crossed

Thank you

KeithP

I can see those Dropbox files, although I'm not sure of the relevance of the interior shot of what looks like an antiques shop.


Also, have you based your forum username on your real name?

Then your really should ask MSE to change your username to something totally anonymous.

To help with that, you might like to read this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules:

Q. How can I change my username?

A. In most circumstances, this is not permitted.

The only reason we will change your username is if it puts your privacy at risk. This usually means you've inadvertently registered using your name, email address or something that gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com and request that it is changed, giving three alternative usernames in order of preference.