Britannia Parking POPLA Draft [Now Successful]

NewUser0815

Hi everyone,


Just a short short Summary of previous events:

Received a PCN by Britannia,
Copied the Newbies text into appeal box
Received Rejection letter with Popla Code




I have now prepared my POPLA appeal, by reading several other appeals. Please see under link below:
docdro.id/dE6WqoV


One of my areas of uncertainy are:
I purchased a ticket, which period I did indeed overstay. The ovestay period is about 15 min.
Britannia has not provided in the PCN or rejection letter any evidence about how much I have overstayed (just ANPR enter/leaving times)


Is it worth not mentioning the overstay period and arguing that Britanna must provide evidence first (I did in my draft)

Or is it better to argue first on grace periods?

Redx

any alleged overstay is covered by the 2 grace periods of the BPA CoP, clause #13 , so mention those as seen in other popla appeals

the start and leaving times , minus the paid for period, is the overstay

therefore, argue any overstay by using grace periods

so include

NO LANDOWNER CONTRACT
POOR AND INADEQUATE SIGNAGE
GRACE PERIODS
any POFA 2012 issues
any other BPA CoP issues
ANPR and PDT timings

etc

NewUser0815

So you are suggesting I shall argue:
Paid Time - 10 Minutes before - 10 Minutes after?
Since I stayed 15 minutes after pay, I might be within grace periods?


Landowner Contract - Check (as per draft in post 1 under hyperlink)
Poor Signage - Check
grace periods - Check (a general appeal to more than 10 minutes)
ANPR - Check

KeithP

https://www.docdroid.net/dE6WqoV/popla-appeal-letter-censored.pdf

You point 9 has not been relevant since Beavis lost in the Supreme Court in 2015.

Include the image http://imgur.com/a/AkMCN in your pdf rather than posting a link.
But having looked again at that linked image, I'm not sure how it fits with the preceding text "The Supreme Court were keen to point out the decision related to that car park and those facts only:".

Those are just two obvious points. Others may find more.

Redx

NewUser0815 wrote: »

So you are suggesting I shall argue:
Paid Time - 10 Minutes before - 10 Minutes after?
Since I stayed 15 minutes after pay, I might be within grace periods?

NO

I am saying you have up to say 10 minutes BEFORE the parking time of the ticket to park up , read the signs , pay the fee and out it on the vehicle

PLUS ten minutes OR MORE to leave the car park AFTER the paid for time for the actual parking period has ended

so 15 minutes of overstay could be 5 minutes before the paid for ticket plus 10 minutes or more to leave afterwards

NewUser0815

One of my areas of uncertainy are:
I purchased a ticket, which period I did indeed overstay. The ovestay period is about 15 min.
Britannia has not provided in the PCN or rejection letter any evidence about how much I have overstayed (just ANPR enter/leaving times)

Does anyone have an opinion with regards to above point?
My idea was to force them to provide evidence from the ticket machine including partial VRNs. Which if they cannot provide such could lead to me winning the case?

Redx

then do so is my answer, same as you would in a SAR , as I indicated in post #2 near the bottom

MAKE THAT AN APPEAL POINT , THEY THEY MUST PRODUCE EVIDENCE TO YOU AND THE ADJUDICATOR IN THEIR EVIDENCE PACK ABOUT THE REDACTED PDT INFO ETC

rachity

Apologies for the (brief) hijack.


But could someone please tell me what the acronym PDT stands for?

D_P_Dance

KeithP wrote: »

You point 9 has not been relevant since Beavis lost in the Supreme Court in 2015.
.

Are you sure about that? A judge might disagree, this was a P&D car park, OP paid, there was no loss.

Umkomaas

rachity wrote: »

Apologies for the (brief) hijack.


But could someone please tell me what the acronym PDT stands for?

Pay and Display Terminal (or Ticket).

NewUser0815

I have just found something which seems to be too good to be true, so I thought I double-check with the experienced community first before I include it in my appeal:


According to the Borough of Poole, a temporary planning permission was granted for the car park in 2012, however restricted for only 3 years. The Car park shall be discontinued after this time. No planning permission was sought after this


boppa.poole.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=_POOLE_DCAPR_216452


Did I miss anything here? This just seems too good to be true :shocked: