ECP DCB Legal default CCJ - Claims form not received, seems to be CNBC error

Birkum

Coupon-mad said:

If it is a POFA NTK (Euro Car Parks normally do use that wording) then there is no point pretending you weren't the driver.

Yes the letter is a POFA NTK

Birkum

Dear forum members, Based on your suggestions I updated the appeal document and submitted. Today I received a notification from Popla to provide my comments on the Operator evidence.


One of the key item in my appeal was that it had snowed unexpectedly the same day and the area had quite a bit snow and visibility was very poor.

My appeal had following points:

1.    The entrance signs are inadequately positioned and lit and the signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself

2.    No Evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice

3.    No Evidence of Period Parked – NtK does not meet PoFA 2012 requirements

4.    Vehicle Images contained in PCN: BPA Code of Practice – non-compliance

5.    The ANPR System is Neither Reliable nor Accurate

6.    The Signs Fail to Transparently Warn Drivers of what the ANPR Data will be used for

In the operator evidence they have written many irrelevant points like providing grace period and mentioning they are not liable to prove me as a driver etc that I did not had in my appeal any way,  but they have also provided the following evidence:
1.  layout of the parking with locations where parking signs are present. The image is so zoomed out that the big area looks tiny and many sign location looks close to each other. Their explanation says that signage is clear
2. They have also provided the Land Owner authority contract 
3. Photo of my car with front and back number plate
4. Photo of the pay machine -  Shows 2 machine next to each other.This has some kind of light , but the location of the machine is very awkward and I can prove that it is almost impossible to see it 
5. There is an explanation on ANPR

Please suggest how to provide my comments. There are three key points:
1. The parking is dismantled now so no new photo is possible or no possibility to verify anything now
2. The photos of signage sent as evidence are from July - august month, morning time 10am in full sun, except one that is from 01st December 3 PM time again it appears they have choosen a photo from a good day with sun light. On the gloomy day of December at 3 PM with snow around it was very different. Somehow I don't think there were so many signage on the day I parked otherwise I would have definitely noticed it, I genuinely did not notice any signage and as all the parking's are council owned I did not spend much time trying to find signage as well considering it was Sunday and the parkings are all free

Appreciate you feedback and help on this. IPlease let me know if you want any other details from the evidence from the parking operator please.  Thank you so much.

Coupon-mad

Show us their close-up signage pics.

Also is the landowner authority in date and signed by the right landowner?

Birkum

Ok thank you so much Coupon-mad, sharing with you the photos. Also I thought over it and my analysis is the following:
1. Signage - They have showed a zoomed out photo (the first photo below) in actual the parking it much bigger. There is no signage in the middle par
2. When cars are parked the signage on the wall can not be seen
3. The landowner authority document says start date of 01-05-22, which is about 7 months before my incident and before that it was a Poundland free parking. They should have had additional signage as this was a new paid parking
4. The payment machine where it is placed it is very hard to see, it is opposite end of the entrance and the front of it is in the opposite direction, where you can see closed written on the Shutter (Poundland closure). Attaching the images below for you

To answer your question on Land authority signature - I dont know if that person is the right person, there is a date, a name mentioned and below that position is mentioned as Director and ofcourse there is a sign

Birkum

Here are the photos they have sent please. Apart from this there are two more photos which shows front of my car with number plate and back of my car with number plate. Plus they have also sent 4 scanned pages of landowner agreement

B789

Birkum said:

3. The landowner authority document says start date of 01-05-22, which is about 7 months before my incident and before that it was a Poundland free parking.

To answer your question on Land authority signature - I dont know if that person is the right person, there is a date, a name mentioned and below that position is mentioned as Director and ofcourse there is a sign

Can you show us the contract. If the start date is before your PCN was issued, you pet them to strict proof that a contract was in place at the time of the parking event. I don' think it will matter who signed a contract AFTER they issued a PCN but it may be worth seeing just in case it is signed by someone who doesn't have the authority to do so.

Aside from the above, which in itself should make your POPLA appeal successful, the rest of your appeal is also valid. However, do not rely on POPLA because if they dismiss your appeal, you just go on the the next phase as described in the Newbies thread.

Birkum

Here is the contract, I have just erased the names and sign a bit, as I am not sure I am allowed to share with that but you will still see where sign and name was put

Birkum

Here are the other two pages for your reference pls

Coupon-mad

I see no problem with those signs.  They are really prominent.  

Birkum

Thank you Coupon-mad, any suggestions on how I respond to the task of responding to the operator's evidence. In my head, I keep asking myself why did I not see these signs at all, had they removed most of it by the day I parked the car as building work was going to start and they were going to move out, did the unexpected snow build up obstructed it? There is a big wall just before the entrance that obstructs the view of the front sign coming from the one-way side, the car park is big and no sign in the middle where i parked, the pay machine is positioned at a location which is very hard to see etc. But all this I have already mentioned in my original appeal.

The trouble I have is I can not go back and see anything or take pictures to prove anything as Euro car park has moved out of that place and big builder work is going on there.

Or should I just not comment and leave it and wait for Popla decision, please?  There must be something, otherwise, how is it possible the 3 people (I had my wife and daughter as well in the car with me) coming out of the car did not see any signage? Also this car park itself was free Poundland parking till about 6 months before when this private parking started and when I came before a couple of times it was always free. Not sure what happened, possibly we were biased as on Sunday every car park there is free and we never knew such a private car park even existed in that area.

Thank you so much for your help.