Britannia Parking PCN Help.

ZINXYX

 No proof. They said it happened on 20/02/21 but they have sent transactions of their pay machine for 19/02/21.

Signage photos are dated 20/03/2019. 30 of them photos.

ZINXYX

Here is what they sent as terms and conditions.

Coupon-mad

Signage photos are dated 20/03/2019. 30 of them photos.

Coupon-mad said:
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'.''

ZINXYX said:

 No proof. They said it happened on 20/02/21 but they have sent transactions of their pay machine for 19/02/21.

Hahahahahaha!!!   Brilliant.  You could not make it up.

WHY DO YOU THINK YOU WILL LOSE? 

THIS IS WHAT YOUR URGENT COMMENTS MUST POINT OUT!  THIS IS WHY WE TELL PEOPLE TO CHECK THE 'EVIDENCE' THEMSELVES BECAUSE WE COULD NEVER HAVE KNOWN THIS.

YOU MUST POINT IT OUT BECAUSE POPLA ARE NOT GREAT AT DETAIL AND YOU CAN'T ASSUME YOU WILL GET A GOOD ASSESSOR, AND MUST WALK THEM THROUGH IT IN YIOUR SHORT COMMENTS.

ZINXYX

The transaction history or the signage photos or both please?

Coupon-mad

What do you think is the killer point?

ZINXYX

The transaction history?

D_P_Dance

Popla is a far from independent process.  It is funded by ithe  PPCs and has no legal standing or authority.  A loss at PoPLA is unimportant.

ZINXYX

Good morning good people,
Please peruse my comments  below before I add them on the POPLA portal.
Thanks

1)

They have stated that “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'”

However, they have failed to provide any evidence of the “failed to make a valid payment” on the date in question, 20/02/2021. Instead, they have provided four pages of transactions from their pay meter for 19/02/2021- A COMPLETELY DIFFERENT DAY.

2)

The contract is so heavily redacted that it does not meet the initial request to supply. first an unredacted contract and any clauses of exceptions or the like. There are no names with the signatories and there is no evidence to prove that the signatories are who they are and whether they are authorized by the actual landowner. Previous POPLA decisions in 2014/15 have confirmed that redacted, old contracts and those signed only by another agent (not the landowner and with no evidence of authority flowing from the landowner) are not acceptable as evidence, for the purposes of POPLA.

3)

The NtK was not in accordance with PoFA 2012 Schedule 4 paragraph 9 refers at numerous times to

the “period of parking”. Most notably, paragraph 9(2)(a) requires the NtK to:

“Specify the vehicle, the relevant land on which it was parked and the period

of parking to which the notice relates;”

Britannia Parking’ NtK simply claims “the motorist failed to make a valid

payment”

The NtK separately states that the vehicle “entered St John’s Road West, St

Johns Road, B17 9NR”at [15:16:17 and exited at 15:37:32”. At no stage does

Britannia Parking explicitly specify the “period of parking to which the notice

relates”, as required by PoFA 2012.

It is not in the right of Britannia Parking to substitute “entry/exit” in place of

the POFA requirement - “period of parking” - and hold the keeper liable as a

result.

4)

The photos of the signage are stock images taken on 30/03/2019, the said date has conveniently been left out of their submission and replaced with xxx.

 5)

The terms and conditions photo submitted as evidence are barely legible even when zoomed in.

KeithP

That is 2084 characters.
The PoPLA portal only allows a maximum of 2000 characters.

Coupon-mad

I’d get rid of #3 then submit those comments.