PCN help please

Umkomaas

Signage is very difficult to spot/read. Keep the photos for POPLA and argue the signage was impossible to read due to lack of any illumination. Essential - if you are going to submit photos, make sure they are dated/time-stamped, otherwise POPLA will side with the operator.  Only use photos that help you , do not submit any that could even remotely help the operator. 

Two of them were succesful but only because the company never contested the appeal.

If there's 'form' for withdrawing before adjudication, load them with as many appeal points as possible - plenty of examples via the NEWBIES FAQ sticky, third post. 

Coupon-mad

Show us your draft POPLA appeal.  Embed your images into your word document (NOT AS SEPARATE LINKS - MAKE IT EASY FOR POPLA TO READ YOUR STORY AS ONE DOCUMENT).

But don't include the first one with the sign on the right.  Remove that, and the one showing the signs dotted around on the low brick walls.

I'd also (for POPLA) be using a screenshot from the new draft Government Code of Practice that's currently out for public consultation (SEE BELOW) showing the planned requirement that car parks adjacent to other controlled land must be clearly delineated.  You are going to have to read the BSI PAS Code of Practice document to find that little nugget of information (and of course it is only a draft but it shows the direction of travel of the new code to cover places like this). 

No asking for a link to where in the code that is!  You must read the code to comment on it anyway.  And we NEED people to comment!

YOU HAVE A WEEK TO DO THIS!   PLEASE CHANNEL YOUR ANGER ABOUT THIS PATHETIC CHARGE TO CHANGE THE WAY THE PARKING INDUSTRY WORK:

 

An urgent task – deadline approaching in a week or so:

Please now make a real difference because not enough people have yet, and time is running out. 

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. 

Does it go far enough?  Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents).

HOW TO DO THE SUBMISSIONS:

BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED:

1.    You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

 

2.    Register, log into the BSI page, and download & read the cover letter here:

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

 

3.    Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 

 

4.    Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page. 

 

You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

 

5.    Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

 

THAT IS HALF THE JOB DONE!

THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS. 

 

6.    You can do it first if preferred or pushed for time:

https://forms.office.com/Pages/ResponsePage.aspx?id=EGg0v32c3kOociSi7zmVqAVPfAOtwRxLhHRwQ610oElUMzhQSVo0WUQ4SERVSEZaUU9DTUhFQ1VMUy4u

If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.

THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

 

Q1.1 Please explain your answer

(free text)

 

 

Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

(free text)

 

Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

(free text)

 

Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

(free text)

 

Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

(free text)

 

Q6 Which parking charge system is most appropriate for private parking?

 a) the Three-tiered system

 b) Mirroring the Local Authority system

(free text)

 

 Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

(free text)

 

 

Q7 What level of discount is appropriate:

40% as is currently offered in private parking and suggested in the three-tiered system, or

50% as is offered in Local Authority parking?

a) 40%

b) 50%

 

Q7.1 Please explain your answer, including whether the discount should be set at a different level

(free text)

 

 

 Q8 How should the level of parking charges be set and how should the levels be revised in future?

(free text)

 

 

Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

Agree/Disagree

 

Q9.1 Please explain your answer

(free text)

 

 

Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

 

Q10.1 Please explain your answer.

You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

(free text)

 

Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

Agree/Disagree

 

Q11.1 Please explain your answer.

(free text)

 

YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

Don’t forget that answering these questions is the easier bit…

Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!

 

calmwalks

POPLA appeal attached.  Please let me know your thoughts.

Coupon-mad

G tells them who was driving.  Why did you do that if you are relying on the POFA?

Remove all this twaddle, no idea why the last one is there at all, no-one tells newbies to talk about 'no loss' (Beavis case killed that so you are banging your head against a brick wall with that):

I, the registered keeper of this vehicle, received a letter dated [XXX] acting as a notice to the registered keeper. My appeal to the operator – Local Parking Security Ltd – was  submitted and acknowledged on [XXX] but subsequently rejected by an email dated  [XXX]. I contend that I, as the keeper, am not liable for the alleged parking charge and wish to appeal against it on the following grounds:

●     Failure to comply with the data protection 'ICO Code of Practice' applicable to ANPR (no information about SAR rights, no privacy statement, no evaluation to justify that 24/7 ANPR enforcement at this site is justified, fair and proportionate). A serious BPA CoP breach
●     The ANPR System is Neither Reliable nor Accurate
●     The charge is disproportionate to the cost of the alleged breach of contract

calmwalks

Thank you for the feedback @Coupon-mad.  I have attached the updated appeal based on your comments.  Any final advice or feedback would be greatly appreciated.

Do you think it makes a strong case?

D_P_Dance

A very strong case,  Consider this,

PR flawed, not used by LAs has it been properly calibrated/serviced? 

Coupon-mad

calmwalks said:

Thank you for the feedback @Coupon-mad.  I have attached the updated appeal based on your comments.  Any final advice or feedback would be greatly appreciated.

Do you think it makes a strong case?

Love that POPLA appeal, choc full of photos and stuff from the PAS 232 at the end (people should start using it like this!).

The only thing that jumped off the page at me was the at you have 'Smart Parking' in there at one point, but it's LPS.

calmwalks

Appeal was successful.  Huge thanks for all the help.  I have posted on the POPLA decisions thread.

Le_Kirk

Well done!

nosferatu1001

Well done! What did you win on? (Helpful to have it here as well)