Newbie appeal Brittanna

crimson_D

Morning.
I used the sticky to appeal, however need a bit of help going forward.
How do I reply to this outcome?

I am the keeper, not the driver yet this doesn't appear to have been acknowledged at all.

We have reviewed the case and considered the comments that you have made. This appeal has been
considered in conjunction with the photographs and any evidence provided. Our records show that the
notice was correctly issued as your vehicle was parked in breach of the Terms and Conditions of the
Car Park.
The Parking Charge Notice was issued to the vehicle because the ticket purchased had expired. It is
the driver's responsibility to ensure that they have read and understood the terms and conditions for
using the car park.
Britannia Parking is an active member of the British Parking Association (BPA) and we follow their
Approved Operators Scheme, Code of Practice at all times. We meet all the requirements for our
signage as advised under section 18 and 19 for England and Wales or Section 28 for Scotland, of the
BPA's Code of Practice regarding signage and notifying the driver of the terms and conditions.
Section 13 - Grace Periods, details that once the parking contract has ended (ticket has expired), we
must give the driver a reasonable period of time to leave the car park. We have a 10 minute grace
period at this car park. If the driver has not purchased another ticket or left the car park by the time the
10 minute grace period ends, a Parking Charge Notice will be issued, as the driver has breached the
terms and conditions of the car park.
Therefore we consider there to be sufficient, clearly visible signage in the car park to draw your
attention to the terms and condition of the parking contract that is on offer. By leaving your vehicle in
the car park without a valid ticket you have broken the terms and conditions and therefore we believe
the Parking Charge Notice to be valid and correctly issued.
You have now reached the end of our internal appeals procedure.etc

etc

Thank you for any help!

Redx

If they followed pofa and the BPA Cop then as Keeper they can hold you liable for any purported breach, hence their rejection of your appeal, presumably it included a popla code ?

If so, then you need to read post #3 of the newbies sticky thread and construct a popla appeal and submit it to popla within 32 days of the rejection, online

They think that the keeper or driver broke their Parking rules, whereas you seem to think that the rules were complied with ? So the Popla appeal should reflect this

They were always going to reject the appeal, hence why it's used to get a Popla code and the newbies thread tells you this

PS, you do not reply to this

You appeal with the code

The_Deep

Bog standard scammers rejection letter, 99.9% predictable.

You do not reply, you either appeal to PoPLA if applicable or ignore until you receive court papers.

Nine times out of ten these tickets are scams so consider complaining 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.

crimson_D

Thanks for your replies, I have read but I'm struggling.

Could someone give me a brief hand with wording this? I'm not exactly very good with it all and it appears they are going after me as vehicle owner.

Initially they said a ticket was not paid for at all. But now it's that it's gone over expired time by 10+ minutes (after allowing grace period) however whomever was there would have been in charge of caring for a child with disabilities whom it can take a while to get buckled into the seat as well as their own health issues.

I do feel being charged £70-£100 for 10 minutes in this case is unjust.

Again thanks!

Redx

So it's an alleged overstay after paying for parking, which is extremely common

The £100 default tariff has been around for a decade or more so you won't be able to argue that cost, even if you thinks it's excessive, because courts do not agree with you, it is a punishment charge levied for not following their rules, it's common on buses, trams, trains, public roads like speeding or not wearing a seatbelt or mobile phone use whilst driving etc

This is complicated, plus the Equality Act 2010 may be of use, as is clause #13 of the BPA Cop as well (grace periods), so although nobody here will write the Popla appeal for you, people will help you when you post it

This is a self help forum manned by volunteers, so you must put the work in, then regulars here will advise on honing the draft appeal

Umkomaas

Could someone give me a brief hand with wording this? I'm not exactly very good with it all and it appears they are going after me as vehicle owner.

I'm afraid the very limited resources here (no more than a handful of regular volunteers) don't stretch that far. Plus, you're in the middle of holiday season and some are away from the board.

Your best bet is to look at other Britannia POPLA appeals (especially the successful ones), learn from those, plagiarise as much as is relevant to your case, post up your draft and if anyone is available, get a review with suggestions for fine tuning.

Use Britannia POPLA in a forum search to bring up relevant posts.

HOW TO USE THE FORUM SEARCH FUNCTION:

Hit your 'Back' button to get back to the forum thread list. On the bar just above the threads you'll see the 'Search' function. Click on the 'Advanced Search' button and on the following page place your keyword(s) in the 'Search By Keyword(s)' and make sure the 'Show Results As' button (at the foot of the window) is changed from 'Threads' to 'Posts'.

The_Deep

Could someone give me a brief hand with wording this?

Show us your draft and we will polish it for you.

crimson_D

I see, so I am liable after all?
I read some of this as I wasn't just as keeper.

I'll take it as a lesson learnt, won't advise anyone else to use car park in question in future.

Redx

You are probably not liable due to the 2 grace periods arguments that can be put to popla

One before parking commenced at the ticket machine when payment was made

The second being allowed 10 minutes or more to exit the car park at the end of the paid for time

They monitored the total time on site, not the actual parking period that was paid for

A well constructed popla appeal based on grace periods has a good chance of winning

The_Deep

They have many hurdles to jump in order to persuade a judge that they have a case. The odds are almost certainly in your favour as they are not all that bright, but you need to put in the hours to find their mistakes.