PCN from Local parking security ltd

kpworld

Thanks for Replay.
@Darkside007 , can you please share any pdf you prepared for appeal to POPLA.

Coupon-mad

POPLA appeals are done by using the templates from the NEWBIES thread.

kpworld

Hi

Many templates in NEWBIES thread, can you please share link here for template if you don’t mind.

Coupon-mad

No there aren't, there are just the ones to use in any POPLA appeal, in post #3.

kpworld

Hi,
Following template I need to submit in POPLA?

Template POPLA appeal point for all cases (except where the PPC owns the car park site which is rare and you should presume is not the case):



No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice

As this operator does not have proprietary interest in the land then I require that they produce an unredacted copy of the contract with the landowner.

The contract and any 'site agreement' or 'User Manual' setting out details - such as any 'genuine customer' or 'genuine resident' exemptions or any site occupier's 'right of veto' charge cancellation rights, and of course all enforcement dates/times/days, and the boundary of the site - is key evidence to define what this operator is authorised to do, and when/where.

It cannot be assumed, just because an agent is contracted to merely put some signs up and issue Parking Charge Notices, that the agent is authorised on the material date, to make contracts with all or any category of visiting drivers and/or to enforce the charge in court in their own name (legal action regarding land use disputes generally being a matter for a landowner only).

Witness statements are not sound evidence of the above, often being pre-signed, generic documents not even identifying the case in hand or even the site rules. A witness statement might in some cases be accepted by POPLA but in this case I suggest it is unlikely to sufficiently evidence the definition of the services provided by each party to the agreement.

Nor would it define vital information such as charging days/times, any exemption clauses, grace periods (which I believe may be longer than the bare minimum times set out in the BPA CoP) and basic but crucial information such as the site boundary and any bays where enforcement applies/does not apply. Not forgetting evidence of the only restrictions which the landowner has authorised can give rise to a charge, as well as the date that the parking contract began, and when it runs to, or whether it runs in perpetuity, and of course, who the signatories are: name/job title/employer company, and whether they are authorised by the landowner to sign a binding legal agreement.

Paragraph 7 of the BPA CoP defines the mandatory requirements and I put this operator to strict proof of full compliance:

7.2 If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken.

7.3 The written authorisation must also set out:

a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined

b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation

c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement

d who has the responsibility for putting up and maintaining signs

e the definition of the services provided by each party to the agreement

Umkomaas

What about all the others ........ ?

kpworld

you mean I need to consider other people appeal templates also?

Coupon-mad

As in, the NEWBIES thread post #3 gives several template appeal points for POPLA stage and most people use 3 of them at least.

kpworld

Hi Coupon-mad

Sorry for trouble to you, when I appeal to Local Parking security I got below message, most of templates in NEWBIES not related this kind of cases. Can you please suggest how to appeal for this?

Thank you for your email dated the 25th October.

The registered keeper is liable for payment of the unpaid Parking Charge Notice if they are unable to provide us with the driver’s details at the time the Parking Charge Notice was issued.

Please refer to Protections of Freedoms Act 2012 Schedule four for further details on this.

If you are able to provide us with the drivers details at the time the Parking Charge Notice was issued we will contact them directly.
If you cannot provide us with these details, we will have no option but to pursue the claim against you as the registered keeper.

Attached within this email is the photographic evidence of the vehicle entering the car park at 14:01:48 and exiting at 14:23:13. The vehicle stay duration was 21 minutes. Please note that all photographic evidence is time and date stamped.

We advise that The Ashford car park operates as pay and display system for all car park users, including blue badge holders. This is clearly stated on all of the signs located throughout the car park.

We advise that upon entering the car park a ticket should be purchased from one of the machines, entering your vehicle registration. This will then communicate with our camera operated ANPR system.

As no payment for parking was made/ticket purchased, the parking charge notice was issued correctly.

The free parking area is situated at the front of Tesco. Your vehicle has entered The Ashford car park where payment for parking is required.

Thank you for your appeal against the parking charge notice issued by us to you on the 10th October 2019 for the contravention that happened on the 6th October 2019. Having carefully considered the evidence provided by you we regret your appeal has been unsuccessful for the following reasons:

• Failure to Pay for the Duration of Stay
You now have a number of options:
1. Pay the parking charge Notice at the reduced amount of £60.00 within 14 days. Please note that after this time the parking charge notice will increase to £100.00.
2. Make an appeal to POPLA – The independent Appeals Service by visiting
3. 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.


Please note that you have 28 days from the date of this email to submit your appeal to POPLA.

KeithP

Why not have a look at the many examples of winning PoPLA appeals linked from post #3 of the NEWBIES thread.

You will instantly see that some of them run to over twenty pages and are fully illustrated.

Make them prove everything.