Help with wording a reply to POPLA due to my dyslexia please

rob3770

Hi, i am having issues righting a response due to my dyslexia and this has been typed by a friend whilst i talk.
Can i please ask for assistance in wording a response to an appeal to POPLA?
I can add all the details but didn't want to first off in case i have over stepped the mark. I have been read the Newbies thread also.
Thanks

Grizebeck

Which parking firm first of all please

rob3770

PremierPark

Coupon-mad

Ok, and now for the details. Have you got a rejection letter following first appeal?

Did you admit to being the driver in the appeal?

What did your appeal say?

Have you exhausted Plan A in the NEWBIES thread.  Landowner/retailer complaint?

Fruitcake

Where did the alleged event occur? It may have cropped up here before.

Have you complained to the landowner and your MP yet? That is always Plan A and ideally should be done before making a PoPLA appeal, but don't miss the PoPLA deadline. 
Note that PoPLA codes last 32 days.

What was the reason for receiving the parking charge? Only refer to The Driver and the Keeper when replying.
The driver drove/parked the car.
The keeper received a notice to keeper.

Show us the NTK, redact your personal details including registration number, but leave all dates showing.

Le_Kirk

rob3770 said:

Hi, i am having issues righting writing a response due to my dyslexia and this has been typed by a friend whilst i talk.
Can i please ask for assistance in wording a response to an appeal to POPLA?
I can add all the details but didn't want to first off in case i have over stepped the mark. I have been reading the Newbies thread also.

Ask your friend to check the spelling of words so that POPLA understands what you are stating.  Also, once you have answered the questions that others have asked, check the NEWBIE sticky (or ask you friend to do it) third post where you will find the standard POPLA appeals that you can adapt to suit your own case.

rob3770

I found an email address for the shopping center and received no reply.
The bay my electric car was parked in had no signs stating that is a car is not being charged then it can not park there. I have provided photos of this and also evidence from PremierPark's photos to POPLA also show this. They have provided 1 photo stating this but it is in another bay on another lever of the car park.
The cahrging station was also faulty and would not charge my car, i produced photo's showing it dead with the emergency button hanging out.
This is copied from their reply to POPLA...

This site is: Site 6, Lakeside Shopping Centre – ALL Multistorey Car Parks

(Patrol)

Reasons for issue: Parked in Electric Car Bay Without Charging Vehicle

Actions taken: Parking Charge Notice (PCN) issued as the vehicle was

parked in a manner whereby the driver became liable for a

parking charge.

Appeal received.

Response sent refusing the appeal. The account was held for

14 days at £60.00 then at £100.00 thereafter.

We have placed a number of signs around the location which have been approved by

the BPA Auditing Team. Our signs follow a tried and tested method to grab the

attention of all motorists entering the location. Our signs outline the terms and

conditions so a motorist is able to decide whether they wish to stay or remain and

abide by the terms. By designing our signs in the way that we have we believe that

we are fully compliant with the BPA Code of Practice and have brought the issue of a

PCN, and its amount, to the adequate attention of the motorist.

Lakeside Shopping Centre has 13 car parks and 11,857 parking spaces, including

disabled and parent and child spaces.

There are multiple signs located throughout the car parks. Please see our ‘OP Image

Plan’.

The signage states:

Lakeside Shopping Centre

Customer Parking only

 Electric Vehicle Charging Bay

This bay is for electric vehicles only. Electric vehicles using this bay

must be connected to the charging equipment and actively recharging.

 Park wholly within a marked bay only.

Do not park causing an obstruction to other users of the parking area.

 Customers of Lakeside Shopping Centre only.

No parking & leaving site. No parking between the hours of 1am to 5am.

 Mobile patrols / camera enforcement in operation. Images captured are used

for parking enforcement purposes.

If you enter or park on this land contravening these terms and conditions, you

are agreeing to pay: Parking Charge Notice (PCN) £100

Signs – according to British Parking Association Code of Practice

19.2 Entrance signs play an important part in establishing a parking contract and

deterring trespassers. Therefore, as well as the signs you must have telling drivers

about the terms and conditions for parking, you must also have a standard form of

entrance sign at the entrance to the parking area. Entrance signs must tell drivers

that the car park is managed and that there are terms and conditions they must be

aware of. Entrance signs must follow some minimum general principles and be in a

standard format. The size of the sign must take into account the expected speed of

vehicles approaching the car park, and it is recommended that you follow

Department for Transport guidance on this. See Appendix B for an example of an

entrance sign and more information about their use.

The sign at the entrance does meet all of the BPA’s guidance.

19.3 Specific parking-terms signage tells drivers what your terms and conditions are,

including your parking charges. You must place signs containing the specific parking

terms throughout the site, so that drivers are given the chance to read them at the

time of parking or leaving their vehicle. Keep a record of where all the signs are.

Signs must be conspicuous and legible, and written in intelligible language, so that

they are easy to see, read and understand. Signs showing your detailed terms and

conditions must be at least 450mm x 450mm

There are sufficient signs around the site. These advise the motorists of the terms

and conditions of the site clearly.

On the date of the contravention, our operative observed the Appellant’s vehicle

parked in an electric car bay without charging the vehicle.

We note the Appellant’s comments and reasons for appeal; however we would

advise that the signage on site clearly states the requirements vehicles to be actively

charging whilst parked within these bays.

The photographs captured by our Operative show the vehicle is not being actively

charged as the cable is not attached to the car.

Whilst we note the Appellant states that the charging pod was faulty, they have failed

to provide any evidence to prove this. We would further advise that it is irrelevant if

the Appellant was unable to charge their vehicle. This did not mean that they were

authorised to leave the vehicle parked within this bay. Signage clearly states: ‘This

bay is for electric vehicles only. Electric vehicles using this bay must be

connected to the charging equipment and actively recharging.’

As the charging cable was unplugged from the vehicle when our Operative captured

the images, the PCN was correctly issued as the vehicle was not being actively

charged at the time of the contravention.

Vehicles are only authorised to park within these bays whilst the vehicle is being

actively charged. Upon realising they were unable to charge their vehicle, the

Appellant immediately removed the vehicle from the bay and sought parking

elsewhere.

It is the driver’s responsibility to seek out the terms and conditions and ensure that

they understand them, before agreeing to the contract and parking. We cannot be

held liable for the Appellant failing to do so.

The Appellant’s vehicle was observed parked within a electric bay without charging

the vehicle. Therefore, a Parking Charge Notice was issued.

Premier Park Ltd do not have CCTV cameras at this location, nor do we have access

to any footage from cameras that may be located on site due to GDPR.

It is the responsibility of the motorist to ensure that they have read and parked in

compliance with the terms and conditions. On this occasion, the Appellant did not.

We request that the Appellant's appeal be refused.

Coupon-mad

I think just reiterate this as your concise POPLA comments:

"PremierPark have provided 1 photo stating this but it is in another bay on another level of the car park.
The charging station was also faulty and would not charge my car, i produced photo's showing it dead with the emergency button hanging out."

rob3770

Coupon-mad said:

I think just reiterate this as your concise POPLA comments:

"PremierPark have provided 1 photo stating this but it is in another bay on another level of the car park.
The charging station was also faulty and would not charge my car, i produced photo's showing it dead with the emergency button hanging out."

Thanks, i will use that wording and cross my fingers