POPLA Operator Evidence Comments

mapscratcher

I received a parking ticket for overstaying at ECP in Redcar. I appealed using a template from the newbies thread. I have now had the evidence submitted by ECP appear on POPLA website. 
I appealed on the following grounds:
1. No evidence of Landowner Authority
2. The 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. BPA Code of Practice - further non-compliance - photo evidence.
4. The signs fail to transparently warn drivers of what the ANPR data will be used for, which breaches the BPA CoP and the CPUTRs due to inherent failure to indicate the 'commercial intent' of the cameras.
5. No Keeper Liability
Evidence submitted by ECP:
Fig 1. Pictures of my car entering/exiting at specific times (confirming the overstay)
Fig 2. Zoomed in picture of pay & display sign
Fig 3. Notice to Keeper blank sample letter
Fig 4. Part of the contract with landowner. Includes Appendix A signed letter by ECP Holdings as the Landowner. Also included is photos of signage throughout the site. 

I am unsure as to how to reply in the comments. I had hoped to rely on 'No Keeper Liability' but they have replied saying that
"Euro Car Parks do not need to provide evidence of who was driving the vehicle, it is the registered keeper’s responsibility to inform of the full name and UK Serviceable address within 28 days beginning with the day after the notice was given. If the full amount remains unpaid, under Schedule 4 of the Protection of Freedoms Act 2012 (‘the Act’), Euro Car Parks have the right subject of the Act to recover from the keeper of the vehicle at the time it was parked so much of that amount which remains unpaid.  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."

Any advice greatly appreciated.

nosferatu1001

How ewere you "relying on" no keeper liability - what errors in the NTK did you point out? What theyre saying is correct -IF they have followed POFA they can chase the keeper. 

D_P_Dance

How did they fail keeper liability?

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 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.

MistyZ

What did your appeal have to say about their signage?  And does their 'evidence' contradict what was said?  If all they have provided is one close-up image of a sign taken with a zoom lens, that does not show what the motorist or passengers see.  So that would be one point to refute with reference to any points made in your appeal re. clarity / size of font / height of signs etc.

And the contract ... is this car park owned by ECP?  

Fruitcake

Is the part of the contract shown with or flowing from the landowner? If not, state this therefore the scammers have no standing to issue charges thus the appeal must be allowed. Are you sure ECP holdings is the landowner as opposed to landholder?
Is the part contract in date? Does it have an end date and if so is there proof the contract was renewed?
Does the part contract have two signatures from each company or a Director's signature and a witness from both parties in accordance with the Companies Act 2006?
Does the part contract show that the scammers can issue charges and court claims?
If the contract is with an agent, is there a contract between the landowner and agent allowing the agent to employ a scammer who can issue charges?

Please show us a copy of the part contract supplied. Upload it to a web hosting site such as postimages, dropboz, tinypic etcetera, then paste the URL here but change https to hxxps. Someone here will change it to a live link.

mapscratcher

Here is the evidence submitted to show 'Landowner Authority contract between Euro Car Parks and ECP Holdings'
Is this valid? Concerned I may struggle to refute their other evidence. 
Thanks