PCN from Local parking security ltd

kpworld

I got following replay from POPLA, Please advise what I need to do and asking my comments for below.

Local Parking Security - EW
Operator Case Summary
The Ashford Car Park operates on an ANPR basis therefore this picks up the vehicle registration entering and exiting the car park. This then calculates the amount of time spent in the car park. We are aware that this is a one way system. Due to this we allow 10 minutes for vehicles to drive through the car park to the exit. The 10 minutes has been agreed between the BPA and Local Parking Security for this particular car park due to the car park being small. The 10 minute ‘grace period’ provides the opportunity for the driver to read the signage terms and conditions and decide if they wish to continue parking within the Ashford car park, if not then this gives them reasonable time to leave. As stated in the BPA Code of Practice: 13.1 Your approach to parking management must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period without having their vehicle issued with a parking charge notice. 13.2 You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action. As stated above, as the Ashford car park is small, 10 minutes is enough time for the driver to check the signage in the car park and at the entrance therefore we have complied with the BPA Code of practice as a reasonable grace period has been provided. Contracts are confidential therefore we will not provide this.

The BPA have confirmed that Witness Statements are acceptable and have approved ours. Please find this attached confirming that we have the landowner’s authorisation to manage this car park on their behalf and issue parking charge notices. Local Parking Security Ltd manages the car park on behalf of the landowners on a pay and display basis only, we are not responsible for maintaining the surface of the car park and lighting. This is the responsibility of the landowner As the vehicle did not pay for parking for the duration of their stay 21 minutes, the parking charge notice was correctly issued. The legal basis of the Parking Charge Notice is based on the contract entered by drivers who park on private land.

The terms and conditions upon which the contract is based is clearly stated on all signage located throughout the car park. When parking on private land the motorist freely enters into an agreement to abide by the conditions for parking in return for permission to park, it is the motorists responsibility to ensure they abide by any clearly displayed conditions for parking. With regards to POFA, Our notice to Keeper clearly abides by the POFA process. POFA States (f) Warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given. (i) The amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full.

Our Notice to keeper clearly states the above. A copy of the Notice to Keeper has been attached to confirm that we have followed the process of POFA correctly. 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 for further details on this. Local Parking Security Ltd are a fully approved member of the British Parking Association and as such abide by all current legislation and regulations with regards to parking on private land. All signage has been fully approved by the BPA before installation.

We can confirm that the VECTOR ‘ANPR’ camera shares the same hardware as the SPECS3 VECTOR camera, which is designed to provide robust time-keeping and has been independently tested to pass the stringent requirements of the Home Office Type Approval process. Following power-up, the VECTOR camera obtains a GPS lock and subsequently uses that for time synchronisation. The ANPR camera device is checked several times throughout the day to confirm that this is communicating with our software system. The ANPR cameras and Pay and Display machines communicate together, our machine records can prove this. We have searched our machine records for the date the contravention occurred 6th October 2019 and no payments are showing for VRM- XXXX. This confirms the driver did not pay for parking upon arrival, as no payment was made the Parking Charge Notice was issued correctly. The free parking area is situated at the front the Tesco.

This period is only 30 minutes free parking- Please note this area is not operated by Local Parking Security Ltd. The vehicle has entered the Ashford car park where payment for parking is required. We have attached a map of the area in order for you to see this more clearly. As the vehicle was onsite for 21 minutes, without making payment the Parking Charge Notice was correctly, issued.

Umkomaas

Paragraphs please. You won't find many risking a migraine to read that huge wall of text.

Le_Kirk

KPWorld you seem to have taken over Darkside's post. Unless you have changed user name, I suggest you start your own thread so you will receive bespoke advice for your situation rather than confusing the issue by posting on OP's threads.

kpworld

Hi

Exact message I got from POPLA.

Coupon-mad

This is not your thread though, unless you changed your name.

And that is the fully expected operator evidence from the PPC (not from POPLA) and this is at comments stage as fully covered in the NEWBIES thread already.

pat1988

Hi everyone! 

WHAT TO DO?

I have got this penalty charge back in july and i just recieved it Last week but its just penalty notice i have missed the first penalty letter? apparently this is the second letter which i never recieved the first so its gone up? And lastly this parking in ashford middlesex church road when you go down there you have to go through this private parking to go out and maybe i just stayed 5mins to see if i can get a change from my note to coins but i didnt so i have left the premises SO GUYS WHAT TO DO? 

Many thanks for help!

D_P_Dance

The overdue amount will increase ..

Only if a judge says so

Nine times out of ten these tickets are scams, so consider complaining to your MP, sometimes it can lead to cancellation.,

Le_Kirk

pat1988 said:

I have got this penalty charge back in July and i just received it Last week but its just penalty notice i have missed the first penalty letter? apparently this is the second letter which i never received the first so its gone up? And lastly this parking in Ashford Middlesex church road when you go down there you have to go through this private parking to go out and maybe i just stayed 5mins to see if i can get a change from my note to coins but i didn't so i have left the premises SO GUYS WHAT TO DO? 

You clearly didn't read the thread you hi-jacked otherwise you would have seen the advice to the other hi-jacker, read the NEWBIE sticky and then start your own thread for bespoke advice.  It becomes confusing when regulars try to advise two (in this case three) different posters on the same thread.

ETA I see you have now started your own thread BUT did you read the NEWBIE sticky first?

pat1988

Darkside007 said:

no they haven't formally rejected the appeal they didn't send POPLA and I got email from them when I first appealed but today they sent letter

Thank you for your email dated the 8th of February

Attached within this email is the photographic evidence of the vehicle entering and exiting the car park.
Please note that all photographic evidence is time and date stamped.

Location: Ashford Car Park, 4 Church Rd, Shepperton, Ashford, TW15 2UT.


Contravention: Failure to Pay for the Duration of Stay


Stay Duration: 18 minutes

Incident Date: 25/01/2019

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.



Kind Regards,

Hi everyone!

i have the same problem with this parking penalty in ashford the only thing i didnt recieved the penalty back in july 19th and i have got reminder penalty last week so its been 2months so i have emailed them to provide more images of my car and time of entry and exit which they did but failed to provide the terms and conditions of the parking in the area and this is what they emailed 

Thank you for your email dated 28th September. 

Please find photos attached showing the vehicle entering and exiting the car park. 

We advise that the Ashford car park operates as operates as an ANPR (Automatic Number plate Recognition) system for all car park users. This is clearly stated on the signs located throughout the car park. 

We can confirm that Ashford Car Park is operated by an ANPR system, where the cameras capture the vehicle entering and exiting.

Upon entering the car park, a ticket should be purchased from one of the machines where you enter your vehicle registration. This will then communicate with our camera operated ANPR system.

 

The original parking charge notice was sent in the post to the same address as the reminder notice on the 24thJuly 2020. 

If you wish to appeal against this, please send your full appeal in response to this email or by sending your appeal by post to the below postal address.

 

Yours Sincerely,

 

Appeals Department

Umkomaas

Are you reading the advice above?