Euro Car Parks parking fine (staying after store had closed)

cyberScammed

Coupon-mad said:

Can you add this as a conclusion and a nudge:

POPLA is an evidence based service and cannot accept photos of old signs that don't match the operational hours the evidence pack admits and exposes have changed.

100%. (fits perfectly with 1994 characters in total)
Will keep you posted as ever...

Thanks

KeithP

The last few words of para 1 should refer to the BPA's CoP.

cyberScammed

KeithP said:

The last few words of para 1 should refer to the BPA's CoP.

  thanks @KeithP  

Le_Kirk

I don't think that you can include a link to the Sainsbury web site and expect the POPLA assessor to follow it.  Can you just take the relevant part of it and add it to your letter, providing it keeps you under the 2,000 character limit.  You might also want to include the relevant part of POFA about the hire documents.  POPLA assessors have to be led by the nose to see stuff!  this may push you close to the limit but there are words you can remove.  It doesn't need to be prose and can be bullet points.

Jenni_D

I think the link is OK - it's merely supporting evidence which backs up the PPC's own evidence that the opening times are different than the signage originally submitted by the PPC.

I agree about referencing the specific clause of POFA in respect of the failings of the NTH, although the OP only has 6 characters to play with

Le_Kirk

Jenni_D said:

I think the link is OK - it's merely supporting evidence which backs up the PPC's own evidence that the opening times are different than the signage originally submitted by the PPC.

I agree about referencing the specific clause of POFA in respect of the failings of the NTH, although the OP only has 6 characters to play with

The OP is then assuming that the POPLA assessor will go chasing links all over t'Internet.  There will be plenty of characters available if they use bullet points instead of full sentences.

Coupon-mad

I thought the link would do because the assessor doesn’t even have to click on it, the main point is the evidence pack exposes the changed hours.

cyberScammed

Thanks all, I updated my reply based on all the feedback above and just submitted to POPLA. Will update once I hear more. 

Coupon-mad

Sounds good. 

cyberScammed

Evening, 
I have had an update on my POPLA appeal, and it was successful! . Details below:

Assessor summary of your case

The appellant has advised that the notice to hirer sent to them was a single piece of paper and was not compliant with the Protection of Freedoms Act (PoFA) 2012. They say that they were not provided with the correct documentation. The appellant has said that the photographic evidence does not comply with the British parking Association (BPA) code of practice in that it is cropped and does not conform the alleged incident. The appellant has advised that the operator has not provided any evidence of landowner authority. The appellant has said that the signage in the car park is not clear, prominent or legible from all parking spaces and that there is insufficient notice of the charge itself. In response to the operator’s case file the appellant has restated their appeal grounds in relation to the operator not complying with PoFA 2012 and the hire documents not being provided. They say that the store opening hours differ to the ones detailed in the evidence pack. They say that the overlap between the 'park for 2 hrs' rule and the '10 minutes' rule is ambiguous about when it starts. Any ambiguity of terms MUST by law be interpreted in the way that most favours the consumer. In addition, the point when the contract is made is when the driver arrives & parks, so the current hours as per the evidence park allow a person arriving up until 11pm to stay for 2 hours. The appellant says that as POPLA is an evidence-based service it cannot accept photos of old signs that don't match the operational hours the evidence pack.

Assessor supporting rational for decision

The appellant has appealed as the hirer of the vehicle therefore my assessment will focus on their liability as the hirer. From the evidence of the documents provided by the operator, I can see that the operator is pursuing the appellant as the hirer of the vehicle. Accordingly, the provisions laid out in PoFA 2012 will need to be followed in order to transfer liability from the keeper of the vehicle to the hirer of the vehicle. PoFA 2012, paragraph 4 (1) states: “the creditor has the right to recover any unpaid parking charges from the keeper of the vehicle”. Section 13 (2) goes on to state that: “the creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given – (a) A statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b) A copy of the hire agreement; and (c) A copy of a statement of liability signed by the hirer under that hire agreement. After reviewing all the documents provided by the operator, I cannot see that the appellant has been provided with the hire documents, without these documents being provided I am unable to confirm that the appellant has accepted liability for PCN’s. It is the responsibility of the operator to confirm the terms and conditions of the car park have not been met on this occasion I have not been provided with the evidence that all the required documents have been provided. As such I cannot determine the PCN has been issued correctly. While I note the appellant has raised further grounds for appeal I do not need to consider or address these as I have allowed this appeal.

I would like to say a massive thanks to everyone who helped me with this! Now on to getting the refund from the hire company.