Parking Charge Exemption Rosebird Centre, Stratford upon Avon - Local Parking Security (LPS)

fisherjim

Yet another example of ANPR being not fit for purpose.

bunkersoldier

After submitting the POPLA appeal based on the outstanding help provided on this forum, the operator has finally uploaded their evidence. 

I am hoping that someone is able to make sense of the operator’s machine record. They have stated:

“Attached is our machine records, this shows all payments made. We have checked the system for the contravention date and no payments were made for vehicle registration XXXXXX on the XX April 2022. The system also searches for similar vehicle registrations, in case an error is made when making payment against the registration.”

Note: No payments were required, as driver was entitled to free parking as parked in designated community hall marked space and entered VRM into touchscreen inside hall.

Their evidence shows only a single log date for the searched VRM at 25/3/2022 10:27. So my interpretation of the machine record is:

Either:

1. The search has not covered the period of the alleged contravention date, which was over a month later.  The Start Date shown in their record is 24/3/2022 05:12 and End Date is 25/3/2022 15:52.

Or

2. The search has failed to record any of the other 11 parking events registered into the touchscreen, including the 5 events registered on the dates after receiving the parking charge notice. The driver was attending a weekly course for 12 weeks from 25/3/2022 to 10/6/2022. The search was conducted after the last parking event.

I’d be grateful on views as to which option is likely correct.

Coupon-mad

Either has happened!

Put exactly what you typed above as your comments into the POPLA portal box, but check first it doesn't exceed 2000 CHARACTERS (not words...).

If they have not shown that they complied with the POFA add a point about that too and state the keeper appellant is not liable (unless you appealed admitting to driving, which I can't recall).

bunkersoldier

Thank you very much, @Coupon-mad. The driver has not been identified so I’ll add the POFA point.

LPS has stated in their case summary that the parking contract is confidential and have uploaded the following witness statement:

They state that it has been approved by the BPA, which surprises me, as I think that there may be quite a few things wrong with it:

1. It does not mention the free parking arrangement for those using the designated parking spaces within the car park, which is probably detailed in the contract.

2. It states at para 5 “The terms and conditions are clearly set out on signage ……with any dispensation for the use at the site.” However, there are no details of the free parking dispensation on any signage at the site.

3. The signatory’s details are incomplete and incorrect. The signatory’s name is not in full. The signatory’s position is disguised - His LinkedIn profile states he is the landowner’s Property Manager, not “Admin”. There is no address for the signatory, which I would expect to see on a witness statement.

4. I would expect the witness statement to be on the landowner’s headed paper, not the parking operator’s!

I’d appreciate any comments on the validity of this witness statement.

Umkomaas

I’d appreciate any comments on the validity of this witness statement.

POPLA accept those Witness Statements, so I don't think there's much mileage in arguing it. 

The driver has not been identified so I’ll add the POPLA point.

Do you mean the PoFA point (Protection of Freedoms Act 2012 (Schedule 4)?  The driver not being identified will only assist the Registered Keeper if the PPC has failed to comply with PoFA. I've not read back over the thread, but s their Notice to Keeper non-compliant?

bunkersoldier

POPLA accept those Witness Statements, so I don't think there's much mileage in arguing it.

Thank you @Umkomaas

Do you mean the PoFA point (Protection of Freedoms Act 2012 (Schedule 4)?  The driver not being identified will only assist the Registered Keeper if the PPC has failed to comply with PoFA. I've not read back over the thread, but s their Notice to Keeper non-compliant?

Sorry, yes that’s what I mean. @Coupon-mad provided excellent advice on the non-compliance.

fisherjim

I think they have made an error with their search criteria and have left the month as /3/ in the end date when you need it up to /6/ this needs including in the evidence rebuttal

bunkersoldier

Appeal successful!  Added to POPLA Decisions. 

Thank you for your invaluable help with this.

Coupon-mad

bunkersoldier said:

Appeal successful!  Added to POPLA Decisions. 

Thank you for your invaluable help with this.

Nicely done!  I think you should finish this with a formal complaint to the BPA to stop this happening to the driver again. or to other people.

Just takes an email and a few image attachments and your POPLA decision, to show that the specific RCH spaces are completely unsigned. Make it clear that the driver is happy to have 'won' at POPLA but the BPA need to investigate.

The signage is incapable of forming a contract nor even explaining the exemption available at the RCH bays because there are NO SIGNS about it.  This must breach the BPA CoP and be catching scores of vulnerable older people who use that Centre.

Your account and photos on page 1 here show us the whole issue, especially the RCH website and the screen where people exempt their cars.

Why the heck is that term about the right to exempt your VRM inside the Centre NOT on any signs anywhere?  Complain to the BPA that the signage breaches the BPA CoP very severely, so that everyone attending the Rosebird Centre will get a PCN for not paying & displaying, even though they are all exempt. Even if LPS protest that's not the case...where exactly is the sign about the terms that apply to users of that Centre?