POPLA appeal good enough?

bjazzy

Hi - Looking for some feedback on my POPLA appeal

First appeal grounds:
a) Approval from restaurant acknowledging the delay
b) Blue badge occupant
Date of appeal rejected 06 Sept 23
Driver responsibility not accepted.

Another charge few days apart (with identical evidence) was appealed and accepted by Highview but this was rejected hence i decided to go to POPLA.
Main Grounds of POPLA appeal:

Ground 1: The entrance signs for the regular entry and signs in this car park are not prominent, clear or legible from all parking spaces.  

Ground 2: The sign does not comply with BPA Code of Practice

Ground 3: Landowner’s authority to waive the Parking charge has been ignored by Highview Parking limited.

Ground 4: Grace Period: BPA Code of Practice–non-compliance. Occupant was a blue badge holder

Ground 5: Failure to comply with “Surveillance Camera Code of Practice” applicable to ANPR (Purpose of ANPR, Impact assessment, aim and need, public information on complaints). A serious BPA CoP breach.

Ground 6: Non compliance with UK GDPR

Ground 7: No Evidence of Period Parked – NtK does not meet PoFA 2012 requirements

Ground 8: No Evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice

Attached full appeal: //docdro.id/Dh6yHTA

Any feedback would be very helpful.
Thanks

bjazzy

unable to post link of my full appeal. Pls replace "x" with "https:"     x//docdro.id/Dh6yHTA

Grizebeck

Oh you have won that at first appeal here !

Umkomaas

You need to make it your very first point that as Highview's Notice to Keeper does not comply with Protection of Freedoms Act 2012 (Schedule 4), you cannot be held liable for the charge as the registered keeper (provided you did not identify the driver in your initial appeal to Highview!). 

But, your point being that is not PoFA compliant is less to do with 'No evidence of period parked' (weak, never seen POPLA come off the fence on that, but still leave it in to see if they bite).  The most powerful points are: a) Failure to issue the required warning as per PoFA para 9(2)(f) and b) failure to deliver the NtK within the prescribed time limit as per PoFA 9(4)(b) and 9(5).

What did you say in your initial appeal to Highview - verbatim - please?

fisherjim

Your link made live:

https://www.docdroid.net/Dh6yHTA/appeal-popla-1-pdf

One observation the GSV screen grabs are from October 21 which they might pick up on, and none of your own photos are date stamped which POPLA don't like.

KeithP

@Umkomaas, that image we have been shown is a reminder.
The reminder says that a NtK was sent on 14th July, just ten days after the date of the alleged parking event - 4th July.
Also, does a reminder need to have any specific wording?

Umkomaas

KeithP said:

@Umkomaas, that image we have been shown is a reminder.
The reminder says that a NtK was sent on 14th July, just ten days after the date of the alleged parking event - 4th July.
Also, does a reminder need to have any specific wording?

Thanks @KeithP, missed that. A Reminder does not PoFA-specific wording. @bjazzy, let us have sight of your original Notice to Keeper (redacted of identifiers), front and back, but leave all dates visible. Do not use my suggested POPLA appeal point until we have seen the original NtK. 

bjazzy

Umkomaas said:

KeithP said:

@Umkomaas, that image we have been shown is a reminder.
The reminder says that a NtK was sent on 14th July, just ten days after the date of the alleged parking event - 4th July.
Also, does a reminder need to have any specific wording?

Thanks @KeithP, missed that. A Reminder does not PoFA-specific wording. @bjazzy, let us have sight of your original Notice to Keeper (redacted of identifiers), front and back, but leave all dates visible. Do not use my suggested POPLA appeal point until we have seen the original NtK. 

Verbatim copy of the appeal which was rejected by Highview (blue badge and email from landowner was attached as has also been attached in the POPLA appeal)

Back side of the REMINDER


I never got the original NTK for this alleged offence. However i did get another NTK for the same parking location which was appealed with identical reasons and allowed by High view. In my POPLA appeal i have NOT mentioned about this.
 Front and back of this NTK are below




In my Highview appeal i did not mention PoFA as it seems the notice was compliant w.r.t Para 9(2)(b). Reading the first NTK (had i received it) it seems compliant with para9(2)(a) but Reminder is not. Sounds like i would need to remove the PoFa ground from my Popla appeal as it would deemed that i received the first NTK.

Re Data Protection text on the back of the NTK and Reminder, is that sufficient for compliance?

Re photos - I will try find a way to put time stamp or click my own and not use google maps
Thanks

Coupon-mad

Why does it say you ticked 'driver'?

bjazzy

Coupon-mad said:

Why does it say you ticked 'driver'?

I did not but in the acknowledgment it shows. When we go the appealpcn site and enter the number it gives you the option to select if you are the driver or if you want to pay the fine. I did not select either and chose file appeal. 

bjazzy

No they didnt.

Response to appeal below