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Britannia Parking - Canvey Island Seafront

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  • nosferatu1001nosferatu1001 Forumite
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    WE told you they would reject
    You are likely to win at POPLA. You know, KNOW, that losing there does not mean you must pay. 
    Stop prevaricating and telling us what we already know. Your case is in no way unique, or special. 
  • beamerguybeamerguy Forumite
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    dfdandan said:
    They have not accepted my appeal. If we appeal through POPLA will we win?
    No surprise, desperation for money due to covid
    POPLA is a hit and miss depending which tea boy/lady is on that day.
    Even if POPLA dismiss it, really does not matter as sooner or later Britannia will produce a claim that adds fake amounts which taints their claim and a judge knows better
  • dfdandandfdandan Forumite
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    But on looking at there evidence we paid for a whole day but that run out at 6pm and we left at gone 7pm. We dont have proof of ticket but they provided we paid for the whole day but that ended at 6pm. Also when looking at POPLA the ground for appeal when you go to step 1 shows less likely to win unless you can prove it. Our reason would be we didnt see the text regarding whole day and didnt realise it ended at 6pm. 
  • KeithPKeithP Forumite
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    dfdandan said:
    Our reason would be we didnt see the text regarding whole day and didnt realise it ended at 6pm. 
    If you didn't realise that, then obviously the signs were unclear. 

    That's the first point of your PoPLA appeal.

    Find all the others by re-reading the third post on the NEWBIES thread.
  • Coupon-madCoupon-mad
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    I already told you how to win at POPLA and where to read about it.  Just search the POPLA Decisions thread for Britannia.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • dfdandandfdandan Forumite
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    POPLA have come back to me with this from Britannia, can you help as to what we reply other than the name of the business and whats on companys house dont match and also the signage is not clear and couldnt see it wasnt for exactly the whole day but for a timed period as stated before.
    Thank you. See reply below.

    ""Dear Sir/Madam

    Britannia Parking submit the following statement for POPLA case *******

    Parking Charge Notice ****** was issued to vehicle registration ******* on 21/08/2020 07:50 for a

    contravention on 16/08/2020 19:24.

    The contravention occurred at Canvey Island - Seafront car park and was issued for the contravention

    'Failed to validate stay or make a valid payment'

    We have authorisation to act on behalf of the landowners, ensuring that the terms and conditions are

    adhered to. We have full authority to issue Parking Charge Notices on their behalf. A copy of the

    document has been enclosed to show that we have a contractual agreement to manage the parking

    facilities, to take legal actions or recover parking charges where they remain unpaid - all sensitive

    company information redacted.

    This car park is private property, parking is operated subject to the terms and conditions within the

    notice which is the signage (the ‘’Parking contract’’) and by parking, waiting or otherwise remaining

    within the private car park the customers enter into a contract with the private operator and agree to

    comply with the parking contract. They are authorised to park only if follow terms and conditions, if

    fail to comply they accept liability to pay the fee for unauthorised parking (the ‘’Parking Charge’’).

    This car park uses Automatic Number Plate Recognition (ANPR) and is Pay On Arrival. The Car park is

    not manned.

    Please note this car park is on private land, as advised on our entrance sign which advises that the

    car park is camera controlled with Terms and Conditions which apply on private land..

    Our car parks are regularly audited and our signage at this car Park has been approved by the BPA.

    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, with regards to signage and notifying

    the driver of the terms and conditions.

    We consider there to be sufficient, clearly visible signage in the car park to draw your attention to the

    terms and conditions of the parking contract that is on offer. It is the driver’s responsibility to ensure

    they have read the terms and conditions for using the car park. Our signage clearly states that

    restrictions and charges apply at all times to all vehicles including blue badge holders.

    The Parking Charge Notice was issued to the vehicle because a valid ticket was not the ticket

    expired.

    Please see in the OP Image Plan attached with this case for a full, dated and time stamped, signage

    pack and site plan showing photographs of the signage placed throughout the site. Pictures were

    taken in January 2019. Please note, the terms and conditions remain unchanged and clearly advise the

    site is private land and that restrictions and charges apply at all times to all vehicles including blue badge

    holders.

    We uploaded the Parking Charge Notice data on 19-08-202 and requested DVLA Keeper details on

    20-08-202. Keeper details were added to the Parking Charge Notice on 21-08-202 and a Parking

    Charge Notice was then generated and posted on 21/08/2020 07:50.

    The Parking Charge Notice is PoFA compliant.

    OP Case Summary

    15/09/2020 2 of 2 *********

    We first received an appeal on 03-09-2020 from the keeper of the vehicle on the date of the

    contravention.

    The Parking Charge Notice was investigated to consider the points raised within the appeal. The

    appeal was declined on 03-09-2020. The Parking Charge Notice was found to have been issued correctly,

    the appellant had failed to make a valid payment for the entire duration of their stay.

    The POPLA appeal has also been submitted by the keeper.

    Copies of the Parking Charge Notice, original appeal and appeal declined response have been

    uploaded as OP Other Evidence - PCN and Other Representations,

    The vehicle entered Canvey Island - Seafront car park at 16/08/2020 13:55 and left at 16/08/2020

    19:24, staying a total of 05:28:58.

    Therefore, we consider there to be sufficient, clearly visible signage in the car park to draw attention

    to the terms and condition of the parking contract that is on offer. By leaving your vehicle in the car

    park you have broken the terms and conditions and therefore we believe the Parking Charge Notice to

    be valid and correctly issued.

    We hold ******* as the Keeper of this vehicle on the date of contravention under POFA 2012,

    liable for this correctly issued parking charge notice.""

  • edited 15 September 2020 at 4:45PM
    Coupon-madCoupon-mad
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    edited 15 September 2020 at 4:45PM
    No-one cares about that case summary.  The case summary is not the evidence pack.

    You need to look at the evidence, the landowner authority, and see which 'Britannia' is on it.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
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  • dfdandandfdandan Forumite
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    No-one cares about that case summary.  The case summary is not the evidence pack.

    You need to look at the evidence, the landowner authority, and see which 'Britannia' is on it.
    On the LOA it shows the supplier as: Britannia Parking Services Limited Company Number - 8187238, which on companys house matches but the whole address does not. Also the signs on the site show Britannia Parking and not Britannia Parking Services Limited. The LOA and appeal reply show different company names and addresses. So we should mention that shouldnt we? I need to reply to POPLA in regards the operators evidence.

  • UmkomaasUmkomaas Forumite
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    Can you show us the Landowner Authority?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • dfdandandfdandan Forumite
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    Umkomaas said:
    Can you show us the Landowner Authority?
    See attached.
    Thanks
    LOA.pdf 205.1K
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