Aldi, Careparking/Anchor ticket, Preston

ABowman

Evening all, I have just received a notice from Popla to say that CareParking have uploaded further evidence to the portal. At first glance there is a lot. At second glance it is a lot of duplication and a 40 page PDF 'suite of evidence' which is a mass of repetition and items which must relate to another case. In effect not much new. I have 7 days to respond to the evidence.

I will go through it all but one paragraph is jumping out at me that I don't quite get:

"The PCN was issued to the windscreen of the vehicle, the appellant has then submitted an Appeal to Careparking twenty-four days after the PCN was issued, which is enclosed.. 28 days after the appeal outcome was sent to the appellant, we received notification the appellant had submitted an appeal to Popla. Therefore, in line with the timeframes set out in the BPA AOS code of practice, 28 days after issue or like in this case 28 days after an appeal outcome, although the registered keepers details have been obtained from the DVLA, a NTK has not been sent. We would therefore assume the appellant was either motorist at the time of the contravention or is choosing not to name the driver in which case the registered keeper is liable for the PCN using the Protections of Freedoms Act."

Can they do this? If they haven't sent an NTK then they haven't establish who the driver was?

Some of the 'evidence' is quite farcical! If anyone else has one of these (AnOatcake), keep going with it!

Thanks!

KeithP

This is easy.

They are telling you that they did not send a Notice to Keeper.

In that case POFA simply does not allow a parking company to transfer any driver liability to the keeper.

Coupon-mad

and items which must relate to another case.

Eh?
Name and address or other data identifying another appellant or car? Data breach?

a NTK has not been sent. We would therefore assume the appellant was either motorist at the time of the contravention or is choosing not to name the driver in which case the registered keeper is liable for the PCN using the Protections of Freedoms Act."

Can they do this?

Nope (not if they want to hold the keeper liable!) but POPLA have got worse recently at spotting the bleeeeedin' obvious non-POFA cases...so it's your job as keeper to point this lack of NTK out to POPLA and say ''I win then''.

ABowman

All

Thanks very much. Everything responded to now along with pointing out to Popla that no NTK was sent. I want to win obviously but if it is just on the lack of NTK I'll be furious.

There were claims made by them relating to mitigating circumstances and the unreasonable charges in their evidence. Things that I had not cited. It was a lousy cut and paste job. They had provided images from Google earth with a red line drawn around the 'site' and had an image of a handwritten note about a man and woman leaving site. None of that is evidence!

I am in the process of getting the planning documents. Section 6.1 item 2, states 'customers can combine their visit with a trip into the town centre for shopping or other purposes'. I'll have the planning papers ready for court. There are several threads on the forum raising that planning permission provided for 3hrs. I don't have that info yet but am meeting the planning officer to get it.

I therefore believe that should it get to court that they cannot bill people for leaving the site. It's also not clear who they refer to on the signage when saying you cant leave site, only the driver or the full car load can't leave? The site marked on planning documents seems to include a surrounding road too. Not what they had marked out on their image!

Still waiting to hear the popla decision. MP and the local press after that. Court if we don't win at popla.

Umkomaas

I want to win obviously but if it is just on the lack of NTK I'll be furious.

POPLA will only uphold on one point. They will use the 'easiest' and least controversial. They will not comment on any other appeal point thereafter.

I therefore believe that should it get to court

It won't, PE/Aldi cases don't.

I am in the process of getting the planning documents. Section 6.1 item 2, states 'customers can combine their visit with a trip into the town centre for shopping or other purposes'.

If you want to stir the pot, encourage the LA to enforce the terms against Aldi - they should know the conditions of the planning permission and they are responsible for the actions of their agent.

ABowman

All, just letting you know we have won this. Popla found in our favour as they failed to identify the driver. I'm annoyed as there were several items they could have found in our favour but as expected they went for the easier one. Will prepare a press briefing and letter to the MP now. Also to the local authority that they should be upholding the planning permission. Don't pay these cowboys, appeal!

Coupon-mad

Will prepare a press briefing and letter to the MP now.

Good! Nice fightback.

Write the press briefing as if it's a landmark victory even though it isn't - it's just a POPLA appeal won on the POFA issue. More likely to grab the attention of a local paper.

Well done on the win BTW.

Umkomaas

Great result.

Are you going to encourage the council to earn their keep and pressurise Aldi on behalf of their constituents?

ABowman

All,

Yes I'll write to Aldi too, thanks for the prompt and to Preston City Council to enforce planning, perhaps those who have already paid should be entitled to their money back as planning states they can leave site. . .

Thanks everyone for the advice again, would never have achieved this without that. That's 2 parking fines and 2 won now with your help, 1 at court. I really would encourage people to fight these. It's not as scary as you'd think.