CUP Enforcement Popla Appeal 2021

rtx

Right I've done the draft I linked to it as a google doc

https://docs.google.com/document/d/e/2PACX-1vRg8KfndeylHfmoZzAadM0XMzU3qwyPZU6lggKGpmR1rfjpkrHHGVZg_WAibsUelbILbsyYrbrzfTFi/pub

Should I put the original images into the document when I send to POPLA or should I leave the 'redacted' ones in?

Thank you guys for helping me.

@Coupon-Mad If I missed something you've already told me, I'm sorry in advance!

Coupon-mad

Swap #3 with #5 so that the stuff about signs and grace periods are together.

Remove your really old references to the old BPA CoP, go read what it really says about FIVE MINUTES.  Quote that instead.  And there are not two grace periods as things stand, there is the FIVE MINUTE CONSIDERATION PERIOD and you need to make it clear that less than 2 minutes was not even enough time for a person to read a sign (out of shot of their photos) and try to find out if there was a 'permit' available, all of which is part of a consideration period.  

Was something being loaded or unloaded?  Say so, if true.  Because that is not 'parked'.

rtx

Well shopping was being loaded from the nearby shops.

Okay I will swap the #3 with #5.

So has the CoP been updated since? I am so confused. But on it now.

Thanks again!

SayNoToPCN

the CoP is regularly updated, so you must always check which precise version of the CoP is applicable to you
Do not redact photos you send to POPLA, as they already have your VRM! 

Fruitcake

Loading and unloading of items or people is not parking. Quote the judge's findings from the persuasive appeal court case of Jopson vs Homeguard.
You need to read the CoP that was in use at the time of the alleged event which would be version 8 from January 2020.

rtx

I think I found something relevent.

I checked the AOS list here. And it turns out Close Protection Unit Services Ltd (CUP) as they are listed on there, are not allowed to use ANPR, they are listed as "no" under the ANPR heading. Yet on their sign they state ANPR may be in use.

Have I got anything here?

On another note, I had to get rid of almost everything about the grace periods because of the new version, argh!

The new draft can be found here as a google doc

Thank you to @Coupon-mad , @Fruitcake, @SayNoToPCN , and others I may have failed to mention.

KeithP

rtx said:

I think I found something relevent.

I checked the AOS list here. And it turns out Close Protection Unit Services Ltd (CUP) as they are listed on there, are not allowed to use ANPR, they are listed as "no" under the ANPR heading. Yet on their sign they state ANPR may be in use.

Have I got anything here?

But did they use ANPR or not?

Looking at the pics on that PCN, I would say ANPR was not used...

rtx

KeithP said:

rtx said:

I think I found something relevent.

I checked the AOS list here. And it turns out Close Protection Unit Services Ltd (CUP) as they are listed on there, are not allowed to use ANPR, they are listed as "no" under the ANPR heading. Yet on their sign they state ANPR may be in use.

Have I got anything here?

But did they use ANPR or not?

Looking at the pics on that PCN, I would say ANPR was not used...

Certainly you're right KiethP

I think it may have just been a guy with a camera, but I thought it may have been relevant because the PCN was sent via post, and there was not windscreen PCN.

SayNoToPCN

It is obviously just a guy from a camera. Think about it! 
ANPR is on a fixed pole some distance from the ground. It is not from someone wanderintg over to your vehicle. They dont use robots for this

Being sent through the post does not rtequire it to have been ANPR. Dont assume. It is however part of the aims for the new regulations that really, if they can take a picture on foot they must issue a ticket on the windscreen

Le_Kirk

SayNoToPCN said:

It is obviously just a guy from a camera. Think about it! 
ANPR is on a fixed pole some distance from the ground. It is not from someone wandering over to your vehicle. They don't use robots for this

Being sent through the post does not require it to have been ANPR. Don't assume. It is however part of the aims for the new regulations that really, if they can take a picture on foot they must issue a ticket on the windscreen

.... and also, if they are so precious about their car park, why did they not wander over to you and say "Oy, you can't park there" you would have moved, problem solved.