Permier Parking PCN

Coupon-mad

You really just need to say:

Coupon-mad wrote: »

POPLA CODE XXXXXXXXXX
COMMENTS ON THE EVIDENCE - ASSESSOR PLEASE CONSIDER:

- my appeal: ''I can assert that it took 4 minutes before I was able to park''

- operator's reply confirms this was reasonable because they replied: ''The parking period commences 5 minutes after entry.'' This is categorical, therefore it is an undisputed fact that the period of parking began at 9.56am, going by the signage terms, and two hours parking was allowed from then.

- my appeal explained the balance of minutes taken at the end is less than the BPA mandatory grace period: ''7 minutes is a reasonable grace period to exit the car park after the parking contract has ended'' and again, the operator agrees that this too is reasonable as they replied: ''As per the BPA grace period, we do allow motorists 10 minutes to exit the car park''.

- Two hours from 9.56am is 11.56am and the car was captured at the exit at 12.02pm. That's just six minutes after the expiry of the allowed parking period, and well within both the operator's stated grace period to exit and the BPA CoP.

- The signs in evidence are blurry and not clear but one thing that is clear is 'the parking period commences 5 minutes after entry' confirming the above, and that the PCN was not properly given going by the operator's own terms.

- The landowner agreement is heavily redacted and relies on an unshown 2015 contract. It also states that legal action can only be taken with the agreement of the landowner 'on their behalf' and shows the operator is a mere agent with a bare licence who cannot take legal action of their own volition - the opposite of what the BPA CoP requires.

Don't add stuff to distract the Assessor!

v1ks

thank you sooo much for the above Coupon-mad. very much appreciated for breaking it down the way you have, i dont think i would have been able to do it the way you have. I hope in future i can help others, with this experience. :T:T

i will post back once i hear back from popla...

v1ks

@coupon-mad & Others i would like to thank you from the bottom of my heart for the help in my PCN. Its has been cancelled by Popla...below is the response. I hope this case helps others in a similar situation.

Decision: Successful
Assessor Name Gemma West
Assessor summary of operator case
The operator’s case is that the appellant exceeded the two-hour maximum stay.

Assessor summary of your case
The appellant’s case is that the operator has failed to comply with section 13 of the British Parking Association (BPA) Code of Practice. The appellant states there is poor and inadequate signage. The appellant states there is no evidence of landowner authority.

Assessor supporting rational for decision
It is a parking operator’s responsibility to demonstrate to POPLA that it has issued a parking charge notice correctly and that the parking charge is therefore owed. Before a motorist can be deemed to have entered into a contract, they need the opportunity to review the applicable terms and conditions and decide whether to park. In this case, the appellant has stated that the operator has failed to comply with section 13 of the BPA Code of Practice. Section 13.4 of the British Parking Association Code of Practice sets out processes operators should put in place at the end of a parking period. It states that: “You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes”. Upon review of the evidence provided, I can see that the signage at the site states “Mobile patrols/ camera enforcement in operation. Images captured are used for parking enforcement purposes. Parking period commences five minutes after entry”. As such, I am satisfied the appellant did not exceed a grace period. The parking period began at 09:56. The appellant left the site at 12:02, six minutes after the two-hour maximum stay ended. As the appellant did not exceed the minimum time provided under the BPA Code of Practice, I do not consider they failed to comply with the contract they entered into. As such, I conclude that the PCN has been issued incorrectly. Accordingly, I must allow this appeal.