POPLA Appeal - Spring Parking

MGar160

Hello,

I have followed the adice on the NEWBIES thread and recieved a POPLA code in response to the predictable rejection by Spring Parking and have since recieved a NTK.

I am formulating my response based on the NEWBIES thread and any relevant succesful appeals but wonder if there is anything I should be focusing on in particular.

The PCN in question was for "PARKING IN A NO PARKING AREA" for one night at a relatives city centre residence. (Parked on the curb blocking my relatives car in)

It is normally a barriered area but at the time was not working so anyone could enter. Is this at all worth mentioning? I believe there is a sign on the entrance but in the dark it wasn't immediately noticable when entering.

For the rest of it should I just pick and choose the relevant sections as outlined in the NEWBIES thread?

Thanks

Redx

Did Spring comply with POFA , yes or no
If yes , then a driver based appeal is best
If not , hide behind POFA and no blabbing about who was driving or parking

Coupon-mad

The fact the signs were unlit in the dark needs stating in your own words (without saying who was driving, if Spring have not sent a POFA-compliant NTK).  And you need photos taken in the dark, and embed them into the appeal document like a story book with pictures, not uploading photos separately to POPLA.  IMHO that's too hard for the Assessor to jump around between uploads and attachments. 

Make it easy, a picture book appeal leading them to conclude the signs were impossible to see in the dark.

And you just need to compare the NTK with para 8 of the POFA if there was a windscreen PCN first, was there?

D_P_Dance

As this falls into the "own space" category, please read this thread

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

what does your relative's lease/AST say about parking? Does it mention the need to display a permit? If not then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation. 

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

I would also check that the contract to scam the car opark is in the sme name as that on the PCN, they seem to have an identity problem.  

MGar160

Coupon-mad said:

And you just need to compare the NTK with para 8 of the POFA if there was a windscreen PCN first, was there?

Yes there was a windowscreen PCN first and then a NTK.

Redx said:

Did Spring comply with POFA , yes or no

The NTK seems to be pretty robust in covering para 8 of POFA.

However in para 8 it states that "the period of parking" must be specified. There is just an issued time on the NTK, nowhere does it state a time period. Can I therefore argue that the driver was parked and decided to leave within the grace period as they have no record of it entering/leaving? All of the photos of the vehicle on there appeals page cover a 3 minute time period.

The location they state is also incorrect, due to a slight typo. "Woolham" rather than "Woollam". I remember reading that this is not a great defence but it can't hurt, right?

D_P_Dance said:

what does your relative's lease/AST say about parking? Does it mention the need to display a permit? If not then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.

I will have to ask for a copy of the lease as I don't immediately have a copy to hand but will definitely persue this option too.

MGar160

So far I have to following on which my POPLA appeal is based:

1. Grace Period: BPA Code of Practice – non-compliance

2. The entrance signs are inadequately positioned and lit and signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself

3. The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge

4. No Evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice

5. No Evidence of Period Parked - NtK does not meet PoFA 2012 requirements

These are all copied or adapted from other POPLA appeals I have found.

Is there anything I am missing?

nosferatu1001

EDIT THAT POST
The whole point is to NOT give away the drivers identity
Yet you do. THE DRIVER parked...

D_P_Dance

Actually, in own space cases I am of the opinion that identifying yourself  as the  driver is probably  a sensible way to go.  Thesecases are decided on primacy not POFA.

MGar160

Thanks, edited anyway.

If they are decided primarily on primacy not POFA do I still need to include all of the other things stating non-POFA compliance in the POPLA appeal?

Or do I still include them but have primacy as my first point within it? (i.e. the kitchen sink approach)

Redx

Correct , kitchen sink approach

Primacy first , POFA next , as infinitum , the royal WE can suffice , no need to tell anyone who was driving 

Redx

Correct , kitchen sink approach

Primacy first , POFA next , ad infinitum , the royal WE can suffice , no need to tell anyone who was driving , almost every vehicle has a driver , called The Driver in most cases (Tesla have pilots) so keep it ambiguous but relate the facts, no need for the words "Me , My , Myself & I" , it's not a GCSE English exam

No landowner authority (primacy and peaceful enjoyment)
Poor signage
POFA
CoP failures
CRA issues
Etc