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Help needed, popla code issued

owenparry
Posts: 7 Forumite
Hi,
Was issued a pcn from a Waitrose car park that had switched to anpr cameras by Britannia parking. Had 3 pcns issued in space of a week before realised they had installed cameras. Issued the standard response given on here to all 3, first 2 were canceled but 3rd have been given the below response. Don’t know if it makes a difference but all the signage in the car park refers to the terms and conditions on a sign at the entrance but there is no sign with terms and conditions. Have pasted their response below, what’s the best course of action? Any help appreciated and thanks in advance!
Thank you for your appeal received on 28/01/2019 regarding the above detailed Parking Charge Notice.
Your POPLA verification code is xxxxxxxxx.
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.
Our records show you have been issued with 2 Parking Charge Notices previously, which we have cancelled, with the understanding that you would not continue to breach the terms and conditions.
As you have continue to do so, a further Parking Charge Notice has been issued.
This PCN is not POFA compliant, however, payment can still be sought under the old ‘implied-contract- with-the-driver’ rules used prior to POFA.
Under Contract Law there is a probability that the Keeper was the Driver if the Keeper does not nominate anyone else.
Britannia Parking have made no assumptions as to the identity of the driver. We have written to you as the vehicle’s keeper to inform you of any outstanding contraventions against your vehicle. If you inform us of the driver’s details we will pursue them for the Parking Charge Notice. Please be aware that the identity of the driver does not affect the validity of a PCN.
Please be aware that this site is an ANPR (Automatic Number Plate Recognition) controlled car park. A camera photographs your entry and exit and times this against the 90 minute maximum stay allocated to this car par
We are members of the British Parking Association (BPA) and we follow their Approved Operator Scheme, the BPA Code of Practice, at all times. Section 13 – Grace Periods, details that we must give the driver a reasonable period of time to read the terms and conditions on the signage and to leave the car park after the parking contract has expired. We have a 10 minute grace period at this car park. After 90 minutes of parking, if the driver has not left the car park by the time the 10 minute grace period has been reached, a Parking Charge Notice will be issued for breaching the terms and conditions of the car park.
An online copy the Code of Practice can be found by visiting: britishparking.co.uk/Code-of-Practice-and-compliance-monitoring[/url]
By leaving your vehicle in the car park, over the maximum stay time permitted you have broken the terms and conditions and we believe the Parking Charge Notice to be valid and correctly issued, therefore payment is now due.
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.co.uk[/url] Your POPLA verification code is xxxxxxxxxx
By law we are also required to inform you that Ombudsman Services (mombudsman-services.org/[/url]) 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:
Was issued a pcn from a Waitrose car park that had switched to anpr cameras by Britannia parking. Had 3 pcns issued in space of a week before realised they had installed cameras. Issued the standard response given on here to all 3, first 2 were canceled but 3rd have been given the below response. Don’t know if it makes a difference but all the signage in the car park refers to the terms and conditions on a sign at the entrance but there is no sign with terms and conditions. Have pasted their response below, what’s the best course of action? Any help appreciated and thanks in advance!
Thank you for your appeal received on 28/01/2019 regarding the above detailed Parking Charge Notice.
Your POPLA verification code is xxxxxxxxx.
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.
Our records show you have been issued with 2 Parking Charge Notices previously, which we have cancelled, with the understanding that you would not continue to breach the terms and conditions.
As you have continue to do so, a further Parking Charge Notice has been issued.
This PCN is not POFA compliant, however, payment can still be sought under the old ‘implied-contract- with-the-driver’ rules used prior to POFA.
Under Contract Law there is a probability that the Keeper was the Driver if the Keeper does not nominate anyone else.
Britannia Parking have made no assumptions as to the identity of the driver. We have written to you as the vehicle’s keeper to inform you of any outstanding contraventions against your vehicle. If you inform us of the driver’s details we will pursue them for the Parking Charge Notice. Please be aware that the identity of the driver does not affect the validity of a PCN.
Please be aware that this site is an ANPR (Automatic Number Plate Recognition) controlled car park. A camera photographs your entry and exit and times this against the 90 minute maximum stay allocated to this car par
We are members of the British Parking Association (BPA) and we follow their Approved Operator Scheme, the BPA Code of Practice, at all times. Section 13 – Grace Periods, details that we must give the driver a reasonable period of time to read the terms and conditions on the signage and to leave the car park after the parking contract has expired. We have a 10 minute grace period at this car park. After 90 minutes of parking, if the driver has not left the car park by the time the 10 minute grace period has been reached, a Parking Charge Notice will be issued for breaching the terms and conditions of the car park.
An online copy the Code of Practice can be found by visiting: britishparking.co.uk/Code-of-Practice-and-compliance-monitoring[/url]
By leaving your vehicle in the car park, over the maximum stay time permitted you have broken the terms and conditions and we believe the Parking Charge Notice to be valid and correctly issued, therefore payment is now due.
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.co.uk[/url] Your POPLA verification code is xxxxxxxxxx
By law we are also required to inform you that Ombudsman Services (mombudsman-services.org/[/url]) 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:
0
Comments
-
...what’s the best course of action?
Your best course of action is to start reading post #3 of the NEWBIES FAQ sticky thread where you will find out exactly how to compile a winning PoPLA appeal.0 -
Sounds like you're a regular customer of Waitrose. Complain to the store manager straight away, ideally with proof of purchases made on each occasion and insist that they cancel the PCNs.
If the Store Manager won't help, go higher up:
Mr Rob Collins Managing Director
Email rob.collins@waitrose.co.uk
This needs to be done before the POPLA appeal.0 -
Carry out the advice given in posts 2 and 3 above, and also complain to your MP about this unregulated scam.I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0
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One thing .... if you've used your real name here you need to change it. The PPCs lurk here and have been known to threaten to use members' posts against them.
The third post down on this thread explains how to change your screen name:
https://forums.moneysavingexpert.com/discussion/5926342/is-it-too-late&highlight=real+name0 -
Certainly complain to to Waitys Manager, and Head Office/CEO, first.
BEFORE even starting a POPLA appeal. Believe us, it has to be that way round.
What to say is discussed here:
https://forums.moneysavingexpert.com/discussion/5967547/waitrose-britannia-partking-malarky
POPLA codes will keep for 30days before you even need to think about that, so make it your mission to get yet another landowner cancellation, to add to our thread:
Successful complaints about private parking tickets - how to get them cancelled!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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