Parking Operator Evidence - Should I provide comments?

thelegendofyrag

Hi All,

I have submitted a POPLA appeal as per guidance on the site.
The parking operator has now submitted their evidence so I am wondering if there are any additional comments I should submit or should I leave it to proceed to the POPLA Assessment?

Any advice from here would be appreciated, I can upload any relevant documents i sent if required? 

The parking ticket was applied due to an expired ticket, no ANPR etc. I used a recent successful defence from the forum, amended to suit and submitted to POPLA.

The Operator evidence is as follows: Along with images of the parking signs, t&c's etc and also a copy of a 'Parking Services Agreement' file.


"Our operative observed the Appellant’s vehicle parked with an expired ticket on display. The signage on site states “Vehicles must park with a valid permit, ticket or written authority fully on display in the windscreen area.

Signage also advises: “If you enter or park on this land contravening the above terms & conditions, you are agreeing to pay: Parking Charge Notice (PCN) £100.00”. There are no exceptions to these terms, which apply at all times.

The Appellant has appealed on the grounds of mitigating circumstances.
As per POPLA FAQ’s While we appreciate that motorists may not always be able to follow the terms and conditions of a car park due to circumstances outside of their control, we cannot allow an appeal due to mitigating circumstances alone.

In the Annual report of 2018, the lead adjudicator for POPLA advised that although some decisions are tough because the motorist has presented mitigating circumstances, it is unlikely that this will provide grounds for POPLA to allow the appeal. Whilst we note the mitigating circumstances mentioned within the appeal and sympathise with the Appellant, we would advise that if a valid pay & display ticket is not on display within the vehicle at the time of inspection, our Operative has no other means of knowing if the vehicle is authorised to remain parked on-site.

Premier Park we do not have access to or monitor any CCTV footage at this location, therefore we would not have been aware of the reasons for the Appellant’s failure to ensure a valid pay & display ticket was displayed on the date of the contravention, until their initial appeal was received.

At the time the Parking Charge Notice was issued we could not have reasonably been expected to know of the Appellant’s circumstances and reasons for remaining parked on-site with an expired pay & display ticket. Furthermore, at the time of issue, the Operative could not have reasonably be expected to know that the Appellant would purchase a further ticket, 19 after the first ticket had expired.

It is not for POPLA to determine what a reasonable grace period is. We have complied with the BPA Code of Practice by allowing the required grace periods. 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 Driver failing to do so.

If the Appellant was unable to exit the site prior to their ticket expiring, they should have purchased an additional ticket before the first ticket expired and displayed it accordingly.

Alternately, the Appellant could have contacted Premier Park Ltd to report their circumstances. Our number is detailed on the signage. We can confirm that we did not receive a call from the Appellant on the date of the contravention.

Whilst we note the evidence provided, this does not invalidate the issuance of the PCN. The Appellant’s vehicle was observed parked with an expired ticket on display. Therefore, a Parking Charge Notice was issued.

 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

Yes - this is already stated in the third post of the Newbies thread.  

thelegendofyrag

Coupon-mad said:

Yes - this is already stated in the third post of the Newbies thread.  

Ah yes see that now thank you! 

I didn’t go that far down as post two is small claims. Thought that would be after POPLA! 

Coupon-mad

No, they are in order of common issues.  Court claims are here every day.

Almost no-one tries POPLA these days, as it's about to be replaced by the DLUHC because the 2 rival 'appeals services' are "self-serving farces/kangaroo courts" (so say MPs and right-thinking people).

Obviously no paying when you lose!