Britannia parking no planning permission

Linny22

Hi, received a PCN from Britannia parking, appealed it as the paying machine was OUT OF SERVICE( picture provided), they refused it as other motorists managed to pay on that day. Also there is alternative paying methods, but in the area there was no signal as it’s near the cliffs. While looking for more inform I came across that there is no planning permission to erect barrier posts and ANPR cameras and and advertise car park signage ( got it confirmed in writing by planning enforcement officer). Got in touch with land owner and unfortunately they are refusing to cancel it even tho I have mentioned that without correct planning permission in place my details were illegally obtained. Is there anything else I can say to the landowner and where do I stand if end up in court please? I have also received a code for popla, haven’t appealed yet. Thank you! 

UncleThomasCobley

If it ever ended up in court you would have more than your two legs to stand on. For the time being, concentrate on getting this thrown out at POPLA stage.

All the points you have stated are valid and should be mentioned n your POPLA appeal. Have a read of the Newbies/FAQ thread for points to use in the appeal.

You could get back to the landowner and advise them that they are jointly and severally liable for the actions of their agent and as there are several breaches of law, should they not order their agent to cancel the PCN, you are fully prepared to defend this in court and so they should pass this information on to their legal advisors.

Also, as part of Plan A, you should write to your MP and ask for their intervention in this matter as it involves illegal activity by several parties.

Coupon-mad

POPLA codes last till day 33 so read the NEWBIES thread third post and give POPLA a go.  Doesn't matter if you lose.  Still no paying,

Linny22

33 days from the code issue date? 

First I want to see if landowner will cancel it as I was told they won’t be able to after I appeal to Popla. So just need to wait for Monday when Manager comes back from annual leave to give a last shot as up to now I was dealing with head of facilities and he refuses to cancel, but been advised by other people that best to speak with manager as she had cancelled some before on the same matter. 

Coupon-mad

Yes that's all correct and certainly exhaust the landowner complaint FIRST.

Linny22

Hi, unfortunately landowner refused to cancel the PCN, so just wandering if anyone knows if I have got any legal ground to win this at court with them not having planning permission in place please? I am going to attach what she has replied, if there is anything can be said back etc? 

fisherjim

Britannia are not regulated by anyone she is showing that she has no idea what she is talking about.

Coupon-mad

And the BPA isn't an authority.

They are not the British Parking Authority (no such organisation). They are not a regulator either.  Tell her this, and that the parking industry has just this Summer been declared by the Government to be in 'market failure' causing immense consumer harm.

Use those phrases. Ask if Britannia has told them this? It affects landowners and consumers for the better. The industry is being forcibly regulated by statutory intervention in 2024 and everything will change.

And their contract with Britannia almost certainly includes the landowner right to some PCN cancellations per month. It's almost always in these contracts. Ask her to please check and/or send you a redacted copy of the contract (anything sensitive, financial and any personal staff names covered) so you can use it as evidence when defending the court claim that these aggressive firms throw at innocent people.

Linny22

So I have appealed to Popla and now need to make my comments. Can someone help me with this please? They are saying that I admitted being a driver, but I have never, simply because I was not a driver and all my appeals were as a keeper. 

They added times of other motorists payments while the car was parked and most was by phone, which proves that machine was out of service, unfortunately there were no phone signal, driver tried to ring but it wasn’t connecting and unsure how to prove that. (They say there is two machines, driver said he only saw one so unsure what to say about that as they added a plan as evidence) Also they say that it doesn’t matter about planning permission not being in place blah blah as I have attached letter from the council. Any help would be much appreciated! 

Le_Kirk

You refute any wrong assertions by the PPC and use anything they have said that is good for your case.  What you cannot do is introduce new points.  You only have to win on one point whereas the PPC have to prove all their points!

Half_way

What did you say to the landowner?
The response from the landowner should have a reply giving the landowner the chance to cancel it however the response will depend upon what you said in the first place