A little help with popla appeal

SergeiK

Hi , A little background, UKPC charge for overstay terms had recently changed from 3 hours to 2, driver not identified refusal now arrived with popla code

NTK arrived after 14 days despite being dated 8 days after event 

Difficult to prove but I have video doorbell of the letter arriving (showing letter with identical markings being delivered) 

response to appeal received also after the 35days although again dated (just) within time only requesting driver details (which was ignored)

timeline as follows

alleged breach  14/1/22
ntk arrived 2/2/22
appeal submitted 3/2/22
appeal request for driver details arrived 15/3/22
refusal letter 7/4/22

Although I plan to put into question as much as possible no keeper liability would be best would these be valid arguments to add to the popla appeal?

thanks 

Coupon-mad

Yes and that ring doorbell evidence is great - that's a new one!

In that POPLA paragraph I'd be stating that the appellant can prove the NTK letter arrived on 2/2/22 and has reason to believe it was deliberately backdated and/or sent second class, which removes any possibility of keeper liability.  UKPC are put to strict proof of evidence as to when, how and using what level of postage that letter was sent. And to explain why they included POFA wording and backdated it, despite knowing when it would likely arrive, based on 2nd class post (which is not deemed delivered 2 working days later and can take a week).  A non-POFA (late) NTK must never be dressed up to look as if it complied.

Fruitcake

The BPA CoP has a section about a bedding in period where material changes must be clearly advertised a reasonable period before the change takes place, so see if you can find out if this was done, and if so, when, then have a look at the relevant part of the CoP.
Even if you can't determine whether the change was signed in advance, put it in the appeal anyway and quote the relevant part of the CoP that has been breached. It will then be up to UKPC to prove the contrary is true.

As a side issue, we have seen PPCs arbitrarily reduce permitted parking times in breach of the original planning permission granted for the site. You could ask the council planning department if UKPC have planning permission for their cameras, and advertising consent for their signs, and if there was a maximum permitted parking period stated in the planning approval. 
Not having advertising consent is a breach of paragraph 12 of the PoFA 2012, and is also a criminal offence, but only the council can pursue it. Sadly most don't.
Depending what you find out, you may want to complain to the planning department, and make a separate complaint about this to your MP.

Of course, you should always complain to the landowner, and if the permitted parking time has been reduced in breach of the original planning order, then that should be included in the complaint.

SergeiK

Thank you I have submitted a request to the council for the information re planning permissions and I’ll see what they come up with.

I’ve tried complaining to the landowner, a big faceless corporation and pretty pointless tbh

The info about the bedding in period is interesting something I wasn’t aware of so thanks I’ll make sure to add it to the appeal

Anything that may make their life more difficult I’m up for that.

Fruitcake

I can't remember what the bedding in period is called in the CoP, possibly material changes or perhaps in the signage section. It may or may not be in the index, but it's always worth reading the whole thing anyway to see if there is anything else useful.

SergeiK

Thanks Fruitcake, I have already found it on the COP B 19.10 and have copied it into the appeal I've started to draft out, you're right in the sense it doesn't specifically call it a bedding in period:-

"Where there is a change in the terms and conditions that materially affects the motorist then you must make these terms and conditions clear on your signage. Where such changes impose liability where none previously existed then you must consider a transition to allow regular visitors to the site to adjust and familiarise themselves with the changes. Best practice would be the installation of additional/ temporary signage at the entrance and throughout the site making it clear that new terms and conditions apply. This will ensure such that regular visitors who may be familiar with the previous terms become aware of the new ones"

I'm a little confused about the popla window i see it's advised to leave it as late as possible 32days? however the rejection letter states 28days??

I've plenty of time so no need to rush it and I still need to get photos of signage etc

Coupon-mad

POPLA Codes work for 33 days in practice.

Fruitcake

Please show us your draft appeal before submitting it. Make sure you include a snapshot of the envelope from the doorbell cam. 

SergeiK

I’m sure you guys have seen 1000s of UKPC signs, but just been down to the site and the signs are appalling imo. Other than the entrance sign not really obvious the length of stay the only obvious text ‘no unauthorised parking’

Umkomaas

UKPC will likely produce their standard stock copy of their sign in their POPLA evidence pack. It will be a blurry, faded photo, so you do need to use that to your advantage by firstly 'going to town' on their signage, how minuscule the print is, how overly loaded with wording (count all the words on the sign and build that into your appeal) how high up on the poles the signs are, how sparse they are around the site. 

While it's a different operator, have a look at the POPLA Decisions Announcement (page 416 et seq) and read how POPLA upheld an appeal against a Euro Car Parks charge because the parking charge (£100) was not prominent - not dissimilar to the charge shown in your photo above.  Quote the Assessors decision in your appeal. 

https://forums.moneysavingexpert.com/discussion/4488337/popla-decisions/p416

You also need to compare the UKPC signage to that of the ParkingEye sign in the PE v Beavis Supreme Court appeal where the judges commented on its clarity and unequivocal intent. Make comments in your appeal and show photos to illustrate the difference. 

The NEWBIES FAQ Announcement, third post, has all the appeal points you need to make. 

SergeiK

I’ve photos of the sparse nature of the signs as well