Parked longer than the maximum period allowed

Redx

yes , seems ok except there are no numbers on the headers of each appeal point

these should replicate your menu in the early part of the appeal

do not copy and paste from word or else the forum may ban you automatically for spamming the forum

copy to notepad, save , then copy and paste from notepad, to avoid IP banning (this was mentioned some 18 months ago on the main forum here)

Brucella

Thank you and apologies for my naive contraventions.
Any advice on the lack of a 'inadequate signage' defence?

KeithP

Why is your 'inadequate signage' point so short?

Have you looked at the near template signage point in post #3 of the NEWBIES thread?

Have you read the many examples of successful PoPLA appeals linked from that post?

Brucella

Yes sorry, the correct emphasis didn't come across when I pasted the text.

I have omitted a section on inadequate signage as I was 'stuck' and looking for advice from the forum. Yes, I have looked at post 3 and the POPLA appeals but my problem is that I am unable to travel to the car park to check the signs or take photos. I can't therefore make any specific points about my situation.

I was asking if there is there any generic text to put the onus on the operator to prove the signs were compliant?

KeithP

Here's one sign from Google Street View:

https://goo.gl/maps/s624RFY7vmJBymVX8

and another:

https://goo.gl/maps/GKpMfEayM1q62Ltq6

Both those signs show how small the writing is.

And this sign identifies the land management company:

https://goo.gl/maps/5jJ3coC4QDy9Mvat6

All done without leaving my settee.

Coupon-mad

Are you sure the NTK was the FIRST LETTER?

Euro Car Parks normally post something headed 'Parking Charge Notice' in time, to arrive within the 14 days.

That is then the NTK for POFA purposes, and POPLA will say they complied, even though ECP routinely follow the 'PCN' with something they then call the 'NTK'!

They are rarely late with their first letter, IMHO.

So, was the one you are looking at, the first letter?

Brucella

Yes, the form that arrived headed Notice to Keeper was definitely the first one to arrive. What happens if they claim to have sent an earlier one, and it wasn't received?

This NtK seems straightforward and doesn't refer to an earlier letter.

They sent an email following my rejected appeal that doesn't indicate anything like this issue. They said:


Having carefully considered the evidence provided by you we have decided to reject your appeal for
the following reasons:

 The car park is operated by Automatic Number Plate Recognition (ANPR) – cameras capture
an image of vehicles entering and leaving the car park and calculate their length of stay.

 Parking at the above site is limited to 150 minutes.

 On entry to private land it is the responsibility of the driver to check for signage and ensure
that your vehicle has been correctly parked.

 Your vehicle was parked longer than 150 minutes, therefore the notice was issued correctly
and remains payable.

 The Protection of Freedoms Act (POFA) does not alter the principle of driver liability.
What it does do, is to allow proceedings against the registered keeper for unpaid parking
charges when the landowner or their agent, the parking operator does not know who the
driver was at the time.

 The creditor/operator must follow the procedures set out in POFA Schedule 4 to achieve the
benefits of keeper liability.

 Euro Car Parks is a member of the BPA which is an Accredited Trade Association with the
DVLA and has an approved Code of Practice.

 Please be advised that there are a number of signs around the car park indicating the
restrictions of the site directly complying with the BP.

 Please be advised that we strictly adhere to the BPA Code of Practice – where as a company
we have to have all necessary documents in place. Therefore if you decide to process our
rejection through POPLA certain extracts of these documents will be made available.

 Prompt payment is now advisable.

Redx

It is their job to prove their case

If you believe that the ntk was the first letter , then stick by it

If you number the section headers like I said , plus improve the signage point similar to what coupon mad wrote in the newbies thread you should be ok to submit it using Other and uploading the appeal as a PDF

As mentioned above , a quick Google search provided signage , no idea why people think they have to travel in the days of fast internet connections

You are telling popla they have failed on several points , or appear to have failed , it's their job to prove their own case

nosferatu1001

You state that this is the only letter you have been given, and therefore the only letter served on you. It it up to the operator to prove by way of postal receipts that any earlier letter was sent.

Brucella

Thanks friends for all of this and note that the onus is on the operator to prove the contravention etc.

I have amended as you've advised and will upload using a pdf to ensure the formatting remains correct

However, on the subject of photos, in my case, the relevant signs including the T&Cs were inside the car park, facing in. The Google car didn't fully enter the car park and so the crucial signs were not discernible.