I received a PCN for my work hire vehicle.

Coupon-mad

Dunno whether it is right for your POPLA appeal unless you show it to us first!  If it's written in context then it its relevant.

And your photos sound great but they should be embedded into the single PDF, making it read like an illustrated story. Easier for the simple minds at POPLA.

johnryder84

Coupon-mad said:

Dunno whether it is right for your POPLA appeal unless you show it to us first!  If it's written in context then it its relevant.

And your photos sound great but they should be embedded into the single PDF, making it read like an illustrated story. Easier for the simple minds at POPLA.

I believe it is relevant because of my NTH appeal.

That is what I have done, all photographs embedded, i'm about to convert the file to a pdf. Photos were taken of the entire carpark from a pedestrians vantage not the drivers, of signs from entering the carpark all the way to where the driver parked and to the exit taking photos of other signs along the way. Also took a video of the same route by foot and made a map using google maps and paint with a key showing where each of the signs are and where the signs are not from the drivers perspective when they entered and exited carpark.

on the popla website its asking for a summary, can it be as short as I like as I have covered everything in the pdf?

Redx

Do not fill in the popla appeal box , just login and upload the pdf by choosing other , although I am not sure how you can upload a video due to the sheer size of any video , unless they allow a small MP4 upload ?

Providing your appeal is a hirer appeal , covers all points and has the photos embedded like a kids book then upload it with minimal fuss , put , see attached appeal , if you have to

Coupon-mad

I normally type a bullet point list in case the PDF can't be opened.  And where is says 'what is this attachment'  I put ''It is my appeal''.

johnryder84

Thanks all I went with the bullet points outlining my appeal and said PDF contains my appeal. 

Thank you everyone for your patience and guidance, I really appreciate it. 

johnryder84

Just a quick update, POPLA have adjourned the appeal until further notice. After the 28th November, they put all appeals on hold. 

Bezza44

johnryder84 said:

Just a quick update, POPLA have adjourned the appeal until further notice. After the 28th November, they put all appeals on hold. 

Did you get an email stating that? Submitted my appeal earlier, but seemed to go through with no mention of the appeal being placed on hold. 

Or, did your PPC submit evidence and then it went on hold? As mine currently states it is with the operator waiting for their evidence pack?!

johnryder84

Bezza44 said:

johnryder84 said:

Just a quick update, POPLA have adjourned the appeal until further notice. After the 28th November, they put all appeals on hold. 

Did you get an email stating that? Submitted my appeal earlier, but seemed to go through with no mention of the appeal being placed on hold. 

Or, did your PPC submit evidence and then it went on hold? As mine currently states it is with the operator waiting for their evidence pack?!

This was the email I recieved:

 

"POPLA understands that during the COVID-19 pandemic, it is going to be difficult or impossible for motorists and operators to effectively appeal. In the interests of fairness, we have decided to adjourn all appeals received 28 November onwards in addition to some appeals received shortly before this time. Adjournment means that appeals will be put on hold and we will take no action until things return to normal. It also means operators are not allowed to chase payment while this appeal is registered with POPLA. 

 

We have placed your appeal on hold. When we start considering appeals again, we will write to affected parties and let them know what steps we need them to take, if any, to ensure everyone gets a fair opportunity to put their case forward."

 

 

johnryder84

Hi all, POPLA are now back investigating appeals etc and have gotten in touch with me and have presented Gemini Parking's response which to me seems like an automated - one response covers all - thing. They have glazed over my concerns and haven't acted upon these issues as I was at the parking site the past Friday and all the same problems persist. Do I just let POPLA go ahead with its judgement?

"A Parking Charge Notice (PCN) was issued to vehicle registration xxxxxxxxxxxxxxxx xxxxx xxx xx xx for the contravention “Failure To Pay For Duration Of Stay”. The terms and conditions of the car park require all customers to validate their parking at the reception on a console or pay for the duration of stay. On the date of contravention, there were no exemption records for the above vehicle registration. This indicates that 27 minutes of motorist`s stay was Unauthourised, hence the PCN was issued. I have noted appellant`s comments that the PCN is not compliant and the driver is not identified. The appellant has stated that the signage is insufficient, and there is no landowner authority. Although I understand the point the appellant is making, unfortunately, I am unable to take the mitigating circumstances into account. Please, see the site images of the location advising on terms and conditions of the site. Members of the leisure centre must validate their parking at the reception on a console to authorise their parking. All other motorists must make a payment for their duration of stay and purchase a ticket from the pay and display machine. Please, see a screen shot of the permit list which lists all vehicles that are exempt from parking charges and vehicles that paid for their stay. There are no records for the above vehicle`s stay on the date of the incident. Unfortunately, I cannot consider appellant`s claim. I have also provided examples of vehicles that were registered for the date of incident to verify that the console was in full working order. Whilst I appreciate the appellant the reasons for their visit; however, the internal payment system shows no records of the vehicle being registered on the system or making a payment for their stay. In regard’s to the PCN not being complaint with POFA. We can confirm that the PCN was issued within the correct time frames. Please see attached the PCN copy. As stated on the PCN, the vehicle was parked in contravention to the site terms and conditions and we invite the registered keeper to supply the driver details if they claim they were not the driver. If after 28 days we have not received full payment or driver details, under Schedule 4 of the Protections of Freedoms Act 2012 we have the right, subject to requirements of the Act, to recover the parking charge amount that remains unpaid from the keeper of the vehicle. Therefore, I now invite the registered keeper, to supply the driver details. The details have been provided by the hirer, please see attached. There is also a witness statement and landowner agreement to confirm the above. In an ANPR managed site the camera enters the vehicle registration into a transaction system, when the driver enters a matching registration number the parking period is authorised. By not entering their details, the appellant has failed to validate their parking. They were not entitled to remain at the site, and by doing so they have breached the terms and conditions of parking. If the appellant was in disagreement with the terms and conditions of the site or felt that the terms and conditions of the site could not be complied with, there would have been sufficient time to leave the site without entering into a contract with the operator. The signage on site clearly states that customers must register their vehicle or a PCN will be issued. If the appellant believed he could not make a payment for parking, he should have left the site as free parking is not given on the site in question. Please see below for signage terms and conditions. We can confirm that the signage advises all motorists that they must pay for their to validate the parking or register their vehicle at reception. Alternatively, if the motorist was in doubt then Gemini contact information is displayed on the signage if they wished to seek further information. Any comments or assurances made by a third party do not overrule the parking restrictions in place in a car park which is governed by terms and conditions. This is private land and we have to comply with the relevant sections of the British Parking Association’s Code of Practice. As outlined above, I am satisfied that it meets the minimum requirements set out in this Code of Practice. In this case, the driver entered onto private land freely and in full acceptance of the terms of parking clearly displayed. Terms and conditions are offered; and by remaining in the car park , these are accepted. It is the driver’s responsibility prior to leaving their vehicle in the car park, to ensure that the vehicle is parked in accordance with the terms and conditions of that site. I find that the signage at the site is sufficient enough to comply with the BPA Code of Practice and provides drivers with adequate notice of the terms and conditions. Please see attached the signage. I can confirm that the BPA entrance and the terms and conditions advise clearly that ANPR cameras are in place to make motorists aware of the regulations. Please, see the site images and site map of the location. There are a number of clearly displayed signs advising on site regulations and parking restrictions in place. As the above vehicle remained within restricted area for 27 minutes and there was no exemption records allocated to the vehicle registration, the vehicle was parked in breach of the terms and conditions of parking and I am satisfied that the PCN was issued correctly. The above location is private property and is managed by Gemini Parking Solutions London Ltd on behalf of the land owner. Motorist has parked within restricted area which is owned by our client. When parking on private land, a motorist freely enters into an agreement to abide by the conditions of parking in return for permission to park. It is therefore the motorist’s responsibility to ensure that he or she abides by the conditions of parking at all times. As displayed within the signage by staying at the location, the motorist accepted all of the prevailing terms and conditions of the parking contract including the charges for the breach of that contract. These signs offer the parking contract to the motorist and sets out the terms and conditions of the parking and upon which by remaining at the location, the motorist has agreed to be bound by these terms and conditions clearly show the amount which will become payable if the terms and conditions are breached. Gemini Parking Solutions fully complies with the guidelines set by that of the British Parking Association who are the regulating body for the parking industry. We find that, by failing to comply with the site regulations, the motorist became liable for a parking charge notice, in accordance with the terms of parking displayed and we are satisfied that this charge has been issued correctly. The motorist parked outside of the set terms and conditions of the site and as a result the appeal was unsuccessful as the representations did not make sufficient grounds".

Le_Kirk

Did you get a chance to refute the PPC's evidence?  Did POPLA even send it to you?