Parking after midnight

Fruitcake

Did you get a rejection with a PoPLA code? If so, your next step is a PoPLA appeal using all the template points from the third post of the NEWBIES.

If you didn't get a PoPLA code, then wait until one arrives, or complain to the BPA if one hasn't been received by day 35 from the date of your appeal.

It is never to late to get a landowner cancellation. Be careful not to tell them the identity of the driver. You complain as keeper because the driver stopped after being taken ill.

Get pics of the site and signage to include in your appeal.

Palec

Ok so have Popla reference No from UKPC...Appealing...Thank you

Palec

Wrote to managing company which manages that retail park as still have 10 days to go and will ring them tomorrow as their email address seems to be for web queries only and I received no reply when I sent first email week ago...

Palec

As a matter of interest Management company managing retail park is Royal London Asset management as I tried to raise it with McD, but they said cannot do anything as MCd.does shut midnight and other stores are shut at that time, too.
It seems grace period is 10 minutes and in their reply they did not mention anything about it, should I include this in my appeal? I do not want to especially as overstay was 23 minutes, but I believe they should inform how much it is, am I correct?
I was reading link from 2016 as for winning Popla appeal in Newbies, anything to add?
Thank you

Palec

Btw Popla code and Popla reference No they sent me is the same I suppose...?

Redx

The BPA CoP version 8 of January 2020 clause 13 defines graced periods , it's a pdf you download and read yourself , Grace periods are one topic in any POPLA appeal , as is poor and inadequate signage , no landowner authority , POFA , the CRA etc

This 23 minutes is an alleged overstay , but is actually the extra time on site , defined as entry to being parked time , time to read th signs , actual time parked , plus time to depart. Grace periods cover the end sections , Parking time is the central section

Popla reference and Popla code are the same thing , the 10 digit code required for Popla appeal submissions

Coupon-mad

I believe they should inform how much it is, am I correct?

No, they don't have to and a 23 minute overstay is unlikely to be one where you should be using a 'grace periods' argument anyway.

Palec

Seems my main argument will be poor signage as in Huge letters there is Free 3 hours parking and in small to read T@C inside car park.
There is no free parking time there at all.
Thank you for Newbies section with links...

Palec

Hi, I received reply from Popla today to reply within 7 days into comments in their page after UKPC submitted their reply.

Palec

On 31st March 2021, our warden issued a parking charge to vehicle registration at Retail Park. The parking charge was issued because the vehicle was recorded at  Retail Park during restricted hours of 12:00 and 05:00. The parking charge rate was £100.00, reduced to £60.00 if payment was received within fourteen days. Following the parking event on 31st March 2021, UKPC had reasonable cause to obtain the details of the registered keeper from the DVLA for the purposes of issuing a parking charge notice (PCN) by post a copy of this PCN is included in this pack. The PCN was issued on 9th April 2021, identifying Mr as the registered keeper of the vehicle. These notices comply fully with paragraphs 7 and 8 of Schedule 4 of the Protection of Freedoms Act (PoFA) 2012 and as such the registered keeper may be held liable to pay this parking charge where the driver remains unidentified. An appeal was received from Mr on 3rd May 2021, which the appeals department investigated. Mr Hn(Wrong name) failed to identify the driver, and he is therefore liable to pay this charge as the registered keeper of the vehicle. Mr based the appeal on legal arguments and began by questioning our status as the creditor. We have made it clear on our parking charge notice, and all subsequent correspondence, that we are seeking payment of an outstanding parking charge, thereby clearly identifying ourselves as the creditor. The appellant then requested a copy of the contract authorising UKPC to provide parking management at  Retail Park . The contract between UK Parking Control Ltd and the landowner (or their managing agent) authorising UKPC to provide parking management, and therefore issue parking charges to vehicles breaching the terms of parking, is confidential and we are unable to provide a copy for reasons of commercial sensitivity. We have however provided a redacted copy, with sensitive information covered. The redacted contract confirms our authority dating from 15th July 2020 in an ongoing agreement for 36 months, based on the termination clause in the attached terms and conditions. If neither party terminates the contract, as in this case, the contract will continue on a rolling basis. Mr also questioned our signage. UK Parking Control signage complies fully with Appendix B and Section 18 of the British Parking Association Code of Practice and we reject the suggestion that it is vague or misleading. Entrance signage advises motorists that terms of parking apply, and that notices within the car park should be checked to identify the full terms and conditions. These notices are placed throughout the car park. It is ultimately the responsibility of the motorist to ensure they identify the terms of parking, and then decide whether to park their vehicle, or leave the site if they are unable to meet those terms. There is colour contrast between the text and its background found on our signage, each of which is a single solid colour. The best way UKPC have found to achieve this is to have black text on a white background. UKPC’s signs are readable and understandable at all times, including during the hours of darkness or at dusk when parking enforcement activities take place. This can be achieved in a variety of ways such as by direct lighting or by using the lighting for the parking area. If the sign itself is not directly or indirectly lit, UKPC signage has been manufactured using a retro-reflective material similar to that used on public roads and described in the Traffic Signs Manual. Dark-coloured areas do not need to be reflective. The highest court in the UK, the Supreme Court, has unambiguously confirmed that parking charges issued on private land are fully enforceable. In the case of ParkingEye v Beavis [2015] UKSC 67 their Lordships stated that private parking charges were enforceable because they served a legitimate interest and were in the interests of the public generally. The case confirmed that the amount of the charge does not have to reflect any loss that might have been caused by breach of the terms and conditions of parking. The Supreme Court decision is binding law on all other courts throughout the UK. We have included photographs of the signage within this pack, where you can see that the terms of parking are outlined on entrance to the site. In designing our signs, we have considered the findings of the ParkingEye v Beavis case which stated that the amount of the parking charge should be adequately brought to the attention of the motorist, as well as the requirements of the British Parking Association’s Code of Practice. We have achieved this by outlining the key terms and conditions that a motorist should be aware of before remaining at the location at the top of the signage, then a separate section detailing the implications of a breach of those terms, including the amount of any PCN followed by symbols giving more specific detail about the location terms and conditions of parking. We contend that this is a logical progression through the sign that any visitor to the location would be able to follow, and therefore we contend that the amount of the parking charge has been more than adequately brought to the attention of the motorist. The parking charges issued by UK Parking Control Limited are based on a contractual agreement between UKPC and the driver, as detailed on the signage displayed in the car park. The signage states the terms and conditions of parking and explains that a parking charge will be payable if the terms are not met by the driver. We ensure that signage is ample, clear and visible, wholly in line with the British Parking Association Code of Practice. It is settled law that a driver is deemed to have accepted the terms and conditions of parking by the act of parking and leaving a vehicle. The site is managed by ANPR systems which simply take images of vehicle registration numbers entering and exiting a site; to calculate the total amount of time on site. In terms of the technology of the cameras themselves, the British Parking Association audits the camera systems in use by parking operators in order to ensure that they are in good working order and that the data collected is accurate. Independent research has found that the technology is generally accurate. Section 13.2 of the British Parking Association Code of Practice requires parking operators to provide a grace period of at least ten minutes in addition to the permitted timed parking event. As such, the vehicle was given a grace period. There are sufficient signs advising drivers there is no parking between the hours of 12:00am and 05:00, and that failure to do so may result in a parking charge being issued. Mr  vehicle entered the car park between these times; consequently, the parking charge was issued correctly. A letter was sent to Mr informing them of our decision on 12th May 2021.