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APCOA missing POPLA code

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  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    Please post up the letter....
  • Umkomaas
    Umkomaas Posts: 43,362 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It should have automatically come through with the appeal rejection letter. But your dates look askew to me. You can't have appealed on 18 August for a NtK issued on 23 September. 

    What kind of car park was this?  However, you do need to start your own thread. Advising on two (or more) cases on one thread will lead to potentially expensive confusion. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • CockneyBrum
    CockneyBrum Posts: 65 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 17 October 2022 at 5:10PM
    It was a railway station car park.

    There was no POPLA code on the letter received.  I have complained to the BPA about this.  But I'm now unsure as to what to do next.   As the clock is ticking obviously to appeal to POPLA.  I think the 28 day deadline is this week?

    Any help appreciated.  Thank you.
    Next post follows in a moment ...
  • Coupon-mad
    Coupon-mad Posts: 151,753 Forumite
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    You need to start a discussion thread of your own.

    Clearly the POPLA clock is not ticking yet, if this isn't a rejection letter with a POPLA code. You aren't at that stage yet if it isn't an appeal rejection.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Are you sure the letter wasn't a simple "please tell us the name of the driver. We'll delay making a decision until you have done that".
  • Update: I WON!! Thanks all for your support :) See below response.

    Assessor summary of your case
    The appellants case is that: • The signage is inadequate. • There is insufficient notice of the charge given. • The operator has not complied with the British Parking Association (BPA) Code of Practice in relation to grace periods. • There is no evidence of landowner authority. • The images on the PCN do not comply with the BPA Code of Practice. • The ANPR system is inaccurate and unreliable. • The signs do not warn drivers what ANPR data will be used for. • The operator has not demonstrated that the individual being pursued is the driver. In their comments, the appellant reiterates their grounds of appeal and adds that the operator did not respond to their initial appeal, and then sent an increased charge. They say the operator does not provide a contact method, and the had to seek assistance from the BPA and DVLA. The appellant has provided images of signage.

    Assessor supporting rational for decision
    The burden of proof lies with the operator to rebut the appellants grounds of appeal and demonstrate that the PCN was issued correctly. The appellant has raised a number of grounds of appeal however, I will be focusing on their grounds relating to signage, as this is what has persuaded me to allow this appeal. The evidence shows that this penalty notice was issued under Railway Byelaws, and the rules and regulations for parking are set out on signage. The British Parking Association (BPA) Code of Practice sets out the standards and requirements that its member operators should meet. Section 19.3 of the Code states that signs must be placed throughout the site so that drivers are given the chance to read them at the time of parking or leaving the vehicle, and these must be conspicuous so they are easy to see. The operator has provided photographs and PDFs of the signage at the site however, there are no photographs of wider areas of the car park to demonstrate that the signage is conspicuous in it. The operator has also provided a site map which shows that there are only 6 signs which includes an entrance sign, throughout the whole site. In addition, there appears to be a fence separating areas of the car park, and the operator has highlighted where the appellant was parked, the nearest sign to the vehicle appears to be on the fence, but it isn’t clear which side. The signage on site appears to be limited in the two separated areas, and based on the evidence presented, I am unable to conclude that it is sufficiently placed throughout the site as required, or that the signs are conspicuous in the car park, to bring the rules to the attention of motorists. For the reasons above, I am unable to conclude that the penalty was issued correctly. Accordingly, I must allow this appeal. I acknowledge the further grounds raised by the appellant however, as the appeal has been allowed, these do not require consideration.
  • Coupon-mad
    Coupon-mad Posts: 151,753 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 10 December 2022 at 8:51PM
    Very good news!

    Lucky it was a BPA firm as POPLA are a smidgen better than the IPC's so-called IAS.

    Please come back in the new year to do the Public Consultation about the scam level of parking charges. We need the public to respond in high numbers.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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