POPLA Apeal Spring Parkin

YMike

Hi All

Thanks for the amazing forum!

I've put togather an appeal pack based on all the info especially in the newbies thread but I can't post links or too much text although I would love to have it looked over. I've appealed on five grounds


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 itsel
No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice
Grace Period: BPA Code of Practice - non-compliance
The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge 
The Signs Fail to Transparently Warn Drivers of what the ANPR Data will be used for.

 Thanks again and I'll keep everyone updated

fisherjim

What did the landowner say when you complained to them?

YMike

It was a reserved for customers only. Driver stopped there while someone jumped out to pick something up from a different shop. It was a postal charge so we only found out a week later

Coupon-mad

OK...you realise you could have stopped on street?

This (dropping off passengers and/or loading or unloading) is allowed even in bays or on double yellow lines.  I hate the fact drivers are wrongly taught to think they can't stop on yellow lines on street.  It causes these issues.

I have no idea why so many drivers look for car parks or other shops' bays for 'exempt activity' errands that are allowed on single or double yellows.  Please stop seeking out car parks in towns.  There is no need unless you want to park and leave the vehicle for a period of time.

Next time, use the lines on street for short stops.  Completely avoid private car parks, and look more carefully for signs.  And leave!

If you lose at POPLA, don't pay, of course.

YMike

Yup. I would've avoided the car park altogether. But at least now I can comfortably assert that I wasn't the driver

She did hang around for the passenger to come back. Took 11 minutes

YMike

And I REALLY appreciate how much work you've put into the forum. It's astounding!

YMike

So I appealed to popla and Spring Parking submitted their evidence.
They didn't refute most of my appeal grounds. The only things they added were some more pictures and a contract signed between SP and the shop. In the contract it says that the shop has permission from the landowner to authorize SP but as far as I understand they have to prove that they have permission from the landlord. Is that correct?
Also there is no expiry date althought it says it's for an initial term of 12 months and then continues unless canceled. The 12 months have passed though.
For the comments stage I understand I'm not meant to rewrite my appeal but is it worth reitirating the signage deficencies and grace? I suppose regarding the contract I should comment.
Thoughts?

Coupon-mad

Yes reiterate your points concisely (don't repeat your whole appeal yarn though!) plus definitely point out first (YOUR MAIN POINT) that there is only a contract signed between SP and the shop. In the contract it says that the shop "has permission from the landowner to authorise SP" but they have to prove that they have permission.

YMike

Thanks to the forum and especially @Coupon-mad for the help! Appeal was upheld on the grounds of the signs not stating clearly what ANPR camera's would be used for.

Thanks again

B789

Well done. Can you please post the POPLA response on the POPLA thread at the top of the forum.