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