OPS and failed POPLA appeal

erik_the_red

Hi All
A couple of months back I received an NTK for a 20 minute overstay, so I consumed as much of the content as I could from this forum and assembled my own POPLA appeal based on the following grounds:
1) ANPR images contained in PCN are not “clear and legible”: BPA Code of Practice – non-compliance.
2) The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge.
3) The entrance signs are inadequately positioned and signs in this underground car park are not illuminated, prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself.
The ANPR pictures were time stamped but the number plate was not legible but the operator provided digital close ups of the number plate which were not time stamped (so non-compliant with BPA CoP). The assessor appears to have ignored this and clearly did not agree that the signage text was unreasonably small.
Should I pay up now? How do OPS operate when it comes to court action?
Thanks
Erik

Quentin

A failure at popla doesn't mean you lose if it ends up in Court!


No-one here will advise you to pay now

Redx

if it goes to court within 6 years , let a judge decide, popla get it wrong on more than one occasion , London Councils was a better service than the Ombudsman system

The_Deep

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.

nosferatu1001

3) isnt relevant if they met POFA. Did they?

Coupon-mad

I received an NTK for a 20 minute overstay,

Was it a PDT machine car park, where according to the Tax Court decision v NCP, you must be allowed 'transaction' time (aka 'observation' time) and the contract only starts when the money is paid and the ticket button pressed?

Exactly 20 mins over, all told, or a clear 20 mins too late AFTER paid-for time?

How do OPS operate when it comes to court action?

With bad evidence and blurry photos. Will it be a Sussex court, as OPS are down here a lot?

Which car park (where)?

erik_the_red

>>11-07-2019 12:17 PM
>>nosferatu1001 3) isnt relevant if they met POFA. Did they?

I am assuming you meant 2) but the assessor seems to think they did.

erik_the_red

Hi Coupon-Mad
The JustPark app was used.
The ANPR exit picture time stamp is 22 mins after the JustPark period ran out.
What I don't know is whether the ANPR time and the JustPark time were in synch.
This was Vantage Point car park so I guess it will be Sussex.
The exit picture was taken in the evening with the rear of the car in shadow and I genuinely struggle to make out the number plate. How is legibility of ANPR photos assessed?
Thanks
Erik

KeithP

Address: 3 Elder Place, Brighton BN1 4GY

nosferatu1001

The assessor may have thoguht that, but the assessors opinion means absolutely nothing.
So
Again
Did they meet keeper liabiilty? You must know an answer.

erik_the_red

nosferatu1001 The assessor may have thoguht that, but the assessors opinion means absolutely nothing.
So
Again
Did they meet keeper liabiilty? You must know an answer.

I read a lot of material on POFA compliance and still didn't feel like I fully understood what it meant to be compliant or not compliant, so I included it for good measure. I don't regard POFA non-compliance as my strongest line of defence mainly because of my earlier statement!