Ok so we want to appeal this

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its uploaded this time 

Coupon-mad

Ok that's POFA compliant.  Get photos in the dark to support this at POPLA stage:

Where the vehicle was parked there were no signs visible, this took place at night around half  6 in torrential rain if it helps any though the driver did say they waited in the car till it had slowed down raining a bit.

Fruitcake

The NTK is PoFA compliant, but not having advertising consent is still a breach of the PoFA.
In my opinion, you should still include the point in your PoPLA appeal because PE may chicken out, even though the PoPLA assesor will probably ignore it.
Alternatively, PE may continue, but may decide later not to issue a court claim to expose their criminal activities regarding lack of advertising consent.

Remember that a PoPLA decision is not binding on the motorist, so win or lose, you are not required to pay PE.

useremoved

Hi  I got the PDF for the POPLA done last night do I just post it here ?

im very happy to go to court id actually like to see it tested or at least see where it goes surely We all have a right to that if these people are trying every angle to get money out of people , 

Fruitcake

Yes, please show us your draft appeal for the regulars to check before you submit it.

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Fruitcake said:

Yes, please show us your draft appeal for the regulars to check before you submit it.

How do i add a pdf or do i need to host it somewhere i have put it on this link for now it wont let me add it otherwise

Coupon-mad

Early on, I saw 'March 2021' (should be 2022).

And I didn't see (but may have missed) you quoting from the BPA CoP about changes to restrictions and the need to place extra, prominent signs for any car park where new restrictions apply.

Can you show evidence that people have been caught out and that the ownership only changed in January?  It is not enough to just say it in a POPLA appeal and POPLA assessors want it on a plate and  will never go looking for evidence.

1505grandad

A heads-up  -  you should be using/quoting from BPA CoP V8 dated January 2020 so some of your paras from the CoP have the wrong number.

Also future date stated in one of the points(there are others) which contains a wrong CoP para number:-

"Failure of Parking Eye to follow the BPA code of practice, particularly in contravention of clause 22.8 of

the British Parking Associations code of practice too which Parking Eye must abide states that

members of the BPA must “acknowledge or reply to the challenge within 14 days of receiving it. The

initial appeal was lodged online on Parking Eye’s site on the 25/08/2022,....."

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Coupon-mad said:

Early on, I saw 'March 2021' (should be 2022).

And I didn't see (but may have missed) you quoting from the BPA CoP about changes to restrictions and the need to place extra, prominent signs for any car park where new restrictions apply.

Can you show evidence that people have been caught out and that the ownership only changed in January?  It is not enough to just say it in a POPLA appeal and POLA will never go looking for evidence.

Ok I will fix that

this is what the place looked like in september 2021



The chronicle ran a story in january

link here https://www.barnsleychronicle.com/article/22153/car-park-chaos-in-town-centre I have spoken to both the optician and the restaurant who have confirmed customers not being able to get the app 

I did think of the new car park use change but couldn't find the guidance at all , I have seen it mentioned previously in passing text

The actual Planning officer confirmed to me when i enquired as to the status of the planning permission that Barnsley council had stopped renting it from the landowner, from memory the council offices moved from there and only the library is now on the site 

Its a bit rushed i have literally had a day to draft it and a day left to get it in 

useremoved

https://drive.google.com/file/d/1ZW0Mzk0xdLmkWQQwWSnMPUON6OCJaAmn/view?usp=sharing

version 2