Fine for entering wrong vehicle reg

familyguy321

Thank you Keith, much appreciated. I've had a skim through the links and will have a look at properly tomorrow before re-posting my appeal for review.

Thanks again.

Le_Kirk

Your biggest appeal point is that YOU PAID for a ticket.

familyguy321

Le_Kirk, I agree but I don't have evidence that the driver paid. I've tried to get the PDT data from OPS with no luck.

familyguy321

After having read through the Newbie thread and several other posts, I've just finished re-writing the POPLA appeal. Could I please get some urgent feedback as I really need to submit this before midnight:

https://www.docdroid.net/O0uOX8h/popla-appeal-redacted.pdf

Thanks in advance,
FG

familyguy321

OPS just submitted their reply on POPLA and attached a load of evidence. Need to respond within 7 days. Can we still fight this?

• The Terms and Conditions of the site have been breached.
• The signage is located upon entry to advise motorists that payment is required to park.
• Within the car park, the payment machine is located which clearly provides instructions on how to make payment for parking and advises “enter your full number plate”.
• The signage advises that a 10-minute grace period is given from entry to the car park to purchase a ticket – this would allow enough time for motorists to park, note down their VRM, and go to the machine to make payment.
• The signage also states, “Your correct registration must be entered into the machine when purchasing a ticket. If you fail to do this your stay will not be authorised.”
• A screenshot taken of the payment session look up (included in evidence) confirms no payment was made against the vehicle registration BK09YYC on 22/03/2019.
• Whilst the appellant may have made payment, if the correct VRM is not entered then the payment has not been made correctly.
• No evidence has been provided by the appellant to evidence a payment being made.
• It is the responsibility of the motorist to ensure their vehicle remains in accordance with the Terms and Conditions of the site to avoid receiving a Parking Charge Notice “PCN”.
• There are multiple payment machines on site for the motorist to utilise if they were experiencing any difficulty in making payment.
• By remaining on site beyond 10-minutes, the motorist entered into a contract with the car park operator “CPO” and agreed to the terms of the contract, this includes paying the charge of £100.00 in the event of the contract being breached.
• Whilst the motorist has not been identified, the PCN by Post (NTK) has been sent in accordance with PoFA which holds the RK liable, and so, the RK is being held liable in this instance.
• The T&Cs have been breached and so this notice has been issued correctly.

In answer to the attached points specifically -
1. No evidence of this payment has been provided; the VRM look up confirms no payment was made against the full and correct vehicle registration on 22/03/2019.
2. The signage has been audited and approved by the BPA and so the signage meets the requirements of the BPA Code of Practice. One Parking Solution Ltd is a member of the BPA and complies with their CoP in all areas.
3. This statement regarding ANPR and non compliance with the ICO’s CoP is false – there is signage located at the site which details, “When on site, we will capture you details including vehicle registration mark via ANPR, CCTV, or Parking wardens in o0rder to enforce parking terms and conditions.”
4. The Notice to Keeper document meets the strict requirements that must be met for a NTK to be PoFA Compliant – this claim is false and erroneous and we do not believe the appellant is aware what is required for the NTK to be PoFA compliant. The Notice to Keeper document advises the contravention by explaining why the notice has been issued; the notice was issued as the vehicle was parked on private property in breach of the prominently displayed Terms and Conditions. The NTK advises this. The photographic evidence confirms the times the vehicle entered and exited the site to prove how the T&C’s were breached; the time-stamps on the photos confirm the time the vehicle entered and exited the site.

Coupon-mad

OPS just submitted their reply on POPLA and attached a load of evidence. Need to respond within 7 days. Can we still fight this?

Why ask that? This is a normal stage.

This stage is covered in the NEWBIES thread post #3 where it tells you what to look for and how to comment.

Redx

yes, go through their evidence and compile short rebuttals, looking for where they have agreed with any of your points , plus where they have failed on their addressing your points

look for errors and failures in contracts, signage , POFA and the BPA CoP etc

post your short rebuttal below, limiting it to no more than 2000 characters, same as every other popla rebuttal on here


CM beat me to it

familyguy321

Thanks Redx. I will give it a go, but this is all still very new territory for me and only 7 days is a short time to respond....it's come at the worst possible week for me.

FG

Redx

they give everyone 7 days to respond and you should have already known this and prepared for it (all us regulars knew it was coming)

and its new territory for every newbie, which is why the NEWBIES sticky thread tells you what to do, as a newbie !!

you wouldnt be here if it was all old hat and you knew it inside out

familyguy321

Coupon-mad,

I know you're a mod here and help out a lot, but is there a need to be so rude? I'm asking because I need help. I've never been through POPLA before and to be honest I feel out of my depth with this. It's already hard enough that a normal law abiding citizen should go through this, and then the people that are meant to help are being rude!

FG