Britannia Parking PCN

AdvicePls

My partner received a PCN in the post from Britannia Parking for the sum of £100 for unknowingly parking for about 20 minutes on private land. 
Could you please advise me on what to do.
Thanks.

Le_Kirk

Read the NEWBIE sticky on the first page of the forum, just underneath where you clicked on the NEW DISCUSSION button.  

AdvicePls

I followed the instructions on the NEWBIE sticky then wrote Britannia using the 1st appeal template & got the following response. Please kindly let me know what to do next. Thanks.

Thank you for your appeal received on ......... regarding the above Parking Charge Notice (PCN). We have considered your appeal and comments you have made; in conjunction with any evidence you have provided and the photographs we have on record.

The Parking Charge Notice was issued to your vehicle because a valid ticket was not purchased. 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 19 and 20 for England and Wales or Section 27 for Scotland, of the BPA's Code of Practice regarding signage and notifying the driver of the terms and conditions. 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. 
British Parking Association Code of Practice - Consideration and Grace Periods 
13.1 The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes.

13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. (A ticket is purchased).

13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. We give motorists a 10 minute consideration period on arrival before entering into the ‘parking contract’, this is double the time recommended by the BPA. If the driver has not purchased a ticket within this 10 minute period, a Parking Charge Notice will be issued.

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.

You now have a number of options from which to choose:-

1. Pay the Parking Charge Notice at the discounted rate for a further 14 days.Please note that after this time the discounted rate will no longer apply and the full Parking Charge Notice amount will then be due within 14 days.

2. If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you.

3 Make an appeal to POPLA - The Independent Appeals service. Please note that if you wish to appeal to POPLA, you will lose the right to pay the Parking Charge Notice at the discounted rate, and should POPLA's decision not go in your favour you will be required to pay the full amount. If you opt to pay the Parking Charge Notice you will be unable to appeal to POPLA.

You must submit an appeal to POPLA within 28 days from the date of this outcome letter, by submitting an online case at www.popla.co.uk Your POPLA verification code is ..................

By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.

How to Pay:

Internet: Visit www.britpark.com and follow the onscreen instructions. Please have your parking charge Notice number and payment card details ready.

By Phone: Call 0345 5 555888 option 2.

By Post: Make your cheque or postal order payable to Britannia Parking

D_P_Dance

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 has been known to get the charge cancelled.

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.

Le_Kirk

AdvicePls said:

I followed the instructions on the NEWBIE sticky then wrote Britannia using the 1st appeal template & got the following response. Please kindly let me know what to do next.

Use the POPLA code they gave you and submit your appeal to POPLA.  Full details of how to appeal to POPLA and some help and guidance to be found HERE and that word is a link, despite the blue not being very bright and it not being underline courtesy of the new forum platform!

Fruitcake

Having appealed and had it rejected, you should follow the further advice in the NEWBIES that you were asked to read.

Construct a PoPLA appeal using all the relevant points available to you from the third post of the NEWBIES.

This would normally include,
Not the Landowner
No standing (no valid contract) to issue charges in their own name
Non PoFA compliant NTK
Inadequate signage
BPPA CoP failures
Anything else relevant.

Get pics of the site and signage to assist with this.

Post your draft appeal here for checking before you submit it.

What happened when you complained to the landowner?

Have you complained to your MP yet about this unregulated scam?

When I say "you", I mean the keeper, the person making the appeal.

beamerguy

Firstly where did this happen ??
Let me tell you, this is NOT going to be an easy ride for Britannia

D_P_Dance

Indeed, they may not even survive.i

AdvicePls

This happened @ Southend College in Southend.

Ralph-y

where you using said college?

Ralph

beamerguy

AdvicePls said:

This happened @ Southend College in Southend.

OK, was hoping it was in the South coast area where these people get spankings by the court.
WHY ???? .... because they use a dodgy legal who adds a fake amount of £60 to claims, the courts say it is unlawful hence the big stick is out for the spankings
ABUSE OF PROCESS
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

As the above posts tell you, you appeal to POPLA.  
POPLA is now a very iffy set up so don't expect too much.

That is not a problem, here is what happens next
1: Britannia will ask idiot debt collectors to write silly letters to you and that is when the fake £60 gets added.
YOU IGNORE THESE LETTERS as there is nothing debt collectors can do ... ZILCH
2: Then Britannia will pass it a legal, normally BWLegal and the first they do is issue a letter before claim including the fake £60..This is then start of the downfall for the legal on 2 points

A: They are claiming an unlawful amount to which more and more courts are are striking out the cases for Abuse Of Process

B: As of April the 5th there is a new Civil procedure which says ... "For witness statements, the statement of truth’s wording will be as follows:"
I believe that the facts stated in this witness statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

As any court case will be months away now regarding the virus. Will a legal be stupid enough to lie in their witness statement ????? 
If this does go to court, it would be worth travelling to either Worthing or Lewis court where the judges are well aware of this add-on scam