Britannia Parking PCN Help.

ZINXYX

• 
  Hi good people ,
  After suspension due to the pandemic ,  my appeal has been reopened and below is what Britannia have submitted as evidence. They have also included a 39 page LOA with almost all pages blanked out with only the intro and signatures at the end of the document  visible. They have attached stock photos as well. They did not address the specifics as raised in line with BPA Code raised in the appeal .   I have 7 days to comment on their evidence. Thank you.
• 
  
  Britannia Parking submit the following statement for POPLA case xxx
  Parking Charge Notice xxx was issued to vehicle registration xxx on 25/02/2021 07:54 for a contravention on 20/02/2021 15:37.
  
  
  The contravention occurred at Birmingham - St Johns Road West car park and was issued for the contravention 'Failed to 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..
  
  
  Our signage is made of retro-reflective material able to capture the light from surroundings and headlights to make them visible at night.
  The Parking Charge Notice was issued to the vehicle because a valid ticket was not purchased. We have proved land owner authority. The times , dated and place of parking are confirmed on the initial parking charge notice. Images of the vehicle are in compliance with the BPA code of practice.
  
  
  The ANPR camera are monitored on a daily basis, both manually and through reporting software, to ensure they are working at an optimum level for vehicle capture. Camera timings are synchronised using TARDIS, which allows synchronisation between cameras and time servers, using protocol NTP. It
  does this automatically and runs every 6 hours. Any variance of more than 0.5 seconds is automatically corrected by TARDIS. Downtime/maintenance results in temporary shut down for the required time. On the day in question, the cameras were working at an optimum level, the regular checking procedure was active and no discrepancies were reported.
   We have provided signage for this site , which is in compliance with the BPA, including, positioning, the number of signs required, the size, the lettering and font. We regularly undergo inspection of the sites from the BPA to ensure
  continuous compliance.
  Our terms and conditions are stated on the signage at the car park for
  driver's to read. This includes the right to contact other authorised bodies for information in the event of contravention. (see attached)
• Specifically the signage Terms and Conditions for this site is as per the following.
  

Coupon-mad

Can't tell anything from that case summary, it means very little.  It is for you to scrutinise the evidence attachments and photos and see if the landowner authority is in the name Britannia Parking Group Ltd or Britannia Parking Services Ltd (a dormant company, they sometimes get that wrong).

Comments stage is covered in the NEWBIES thread 3rd post.  You have six days counting forward, not seven.

ZINXYX

Coupon-mad said:

Can't tell anything from that case summary, it means very little.  It is for you to scrutinise the evidence attachments and photos and see if the landowner authority is in the name Britannia Parking Group Ltd or Britannia Parking Services Ltd (a dormant company, they sometimes get that wrong).

Comments stage is covered in the NEWBIES thread 3rd post.  You have six days counting forward, not seven.

Thanks a lot. Will get to work.

beamerguy

Yes, pictures must be WHEN the ticket was issued

As C-m said, who is the entity on the landowners contract
Our signage is made of retro-reflective material able to capture the light from surroundings and headlights to make them visible at night.

Were there any lights ?   Car headlights reflecting depends if they are on dip or full beam. Just like ANPR, are not 100%. reflective signs will depend on where they are placed and I would suggest you would have to be head on with your car to see them.  Take the motorway sign "take a break" they are angled towards the road so you don't see them from the corner of your eye.

As far as them relying on TARDIS, one must assume they can prove this statement

As far as the regular checking by the BPA, this is doubtful but, I'm sure Britannia have proof of this. .... can they

It is an odd statement that really means very little unless they can prove it

ZINXYX

The LOA  is a sub lease between  Harborne Retailers Management Company Ltd and Brit Park Limited and Britannia Parking Group Limited. 

Coupon-mad

And who is the exact named creditor on the NTK -  Britannia Parking Group Limited?

ZINXYX

Coupon-mad said:

And who is the exact named Claimant on your N1 claim?   Britannia Parking Group Limited?

It says Britannia Parking part of Britannia Group Ltd.

The NTK did not specify the supposed period i of parking in line with BPA code, only entry and exit times., but they did not address that in their submission..
They had no planning permission but also did not address that.

Coupon-mad

The NTK did not specify the supposed period i of parking in line with BPA code, only entry and exit times., but they did not address that in their submission..
They had no planning permission but also did not address that.

Neither of those matter to POPLA if this was an ANPR camera PCN by post.

ZINXYX

Coupon-mad said:

The NTK did not specify the supposed period i of parking in line with BPA code, only entry and exit times., but they did not address that in their submission..
They had no planning permission but also did not address that.

Neither of those matter to POPLA if this was an ANPR camera PCN by post.

Okay noted, then I'm going to lose it appears.

Coupon-mad

So what,  really?  No-one pays just because they lose at POPLA!  It's  not binding.

You haven't told us about anything else that you've spotted lacking in their evidence, for example, what proof of non payment have they shown?

The contravention occurred at Birmingham - St Johns Road West car park and was issued for the contravention 'Failed to make a valid payment'

 And what is their signage evidence like? Dated years before, or undated?