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Britannia Parking Group Ltd POPLA code, how to move forward.

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Britannia Parking Group Ltd POPLA code, how to move forward.

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
6 replies 340 views
plasmahalplasmahal Forumite
12 posts
edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
Hi,

I have been reading the posts and newbie guides but not sure how to approach the POPLA appeal stage. I am doing this on behalf of my daughter who is the registered keeper.

This was the appeal to Britannia Parking Group Ltd:

"You issued me with a parking ticket on 8TH March 2019 but I believe it was unfairly issued. I decline your invitation to name the driver, which is not required of me as the keeper of the vehicle. I will not be paying your demand for payment for the following reason.

There are mitigating circumstances to explain why the vehicle was parked where it was and the charge should be waived for this reason. Please see attached evidence.

On the night in question, a charge of £2.00 was paid at around 19:30 as that was the only cash available to the driver at that time. A decision was made to pay extra to extend the parking time if required later on that evening. The driver then left the car park. Later, the driver then used the PayByPhone application on their mobile phone to then pay the rest of the charge. It was then, that the driver ran into difficulties using the mobile application as selecting the required car park location was not possible due to a fault in the application. Where the application says to tap on the purple location to get started, nothing happens. The driver also attempted to find other ways via the internet e.g. the Britannia parking website and other websites to try and pay the additional charges.

Since the contravention occurred, the mobile application is still faulty. Will this be rectified soon? We have a video that proves that the application is still faulty when trying the select the required car park location.

The lack of ability to pay the additional charges via a different route, did not allow the driver to be able address any parking concerns.

If you choose to pursue the driver please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter."

Their response and rejection of this appeal was based on Section 13 grace periods and there is a 10 minute grace period to pay any additional parking fees once the 2hrs had lapsed.

We have the POPLA code.

Thanks.

Replies

  • Le_KirkLe_Kirk Forumite
    9.8K posts
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
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    If you couldn't find any suitable POPLA appeals referred to in HERE, search the forum for POPLA appeal and pay by phone as your search terms. somebody WILL have constructed one.
  • UmkomaasUmkomaas Forumite
    28.2K posts
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    You will need to read the NEWBIES FAQ sticky, post #3 to start the process of formulating a POPLA appeal. However all the mitigating circumstances outlined in the initial appeal will count for little at POPLA. Read the sticky, post #3 to learn what you need to concentrate on.

    As a minimum you need to get photos of the signage in the car park, taken in the light conditions that prevailed at the time of the parking event. If in the hours of darkness, take photos without flash to show any poor illumination.

    You also need good quality close ups so the terms are clear to read, as they form the purported contract between the driver and the parking company.
    I am doing this on behalf of my daughter who is the registered keeper.
    Even though you are doing the work on this, it must go out in your daughter’s name.

    Draft the POPLA appeal, then let us see your draft for critique.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • The_DeepThe_Deep Forumite
    16.8K posts
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    You owe these crooks nothing, they are trying to scam you, complain
    to your MP. Parliament is enacting legislation and soon they will be no more.

    On 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

    Until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
  • The original PCN was a NTK received by mail that had ANPR photos and the times for entering and leaving.

    I will get photos of the signs, cameras etc both in night time and day time.

    Am I concentrating on the period after the initial ticket ran out? This is long after the 10 minutes stated in the BPA CoP.
  • UmkomaasUmkomaas Forumite
    28.2K posts
    10,000 Posts Seventh Anniversary Name Dropper Photogenic
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    I will get photos of the signs, cameras etc both in night time and day time.
    Night time ones only if the parking took place in the hours of darkness.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • Coupon-madCoupon-mad Forumite
    84.9K posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
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    plasmahal wrote: »
    Am I concentrating on the period after the initial ticket ran out? This is long after the 10 minutes stated in the BPA CoP.
    You are concentrating on your video, I would say:
    We have a video that proves that the application is still faulty when trying the select the required car park location
    That video is your main POPLA evidence, along with photos in the dark so that the signs cannot be read (no flash).

    You need to work out how to upload a video as well as an appeal PDF, to POPLA.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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