private parking fine

Sammy25uk

Hello

I have made one draft, pls have a look and suggest me, if anything to add. I've collected 2 cctv footage from one restaurant & another one should be arriving in 2 days time from another shops.


1) The car entered into the parking lot @9.30 am for maneuvering and came out instantly, then parked out of the property.  Around 10.00 am, a garbage truck came and the car entered the parking lot again for 5 mins, then left @10.05. But the operator claims, the car entered the parking lot at 9.15am and exited at 9.49am. They skipped the 1st exit & 2nd entering video & also mentioned the wrong timing.

2)The images provided still didn't prove that the car was parked for 34 mins as the APNR isn't accurate. As the car was parked out of property during the mentioned period, it's clear that APNR provided wrong timing, which is good enough to void the credibility of the PCN.

3) In the parking notice, it's said, visitors must obtain a parking permit by registering on the touch screens inside the premises & entering their full correct vehicle registration number, but there was no touch screen sign visible inside the premises.

4) As per BPA code of conduct, the grace period is for 5 minutes. As the car left within the grace period & didn't park, there wasn't any breach of terms.

5) The operator operates the property on behalf of the landowner. But they have no evidence of landowner authority.

6) ANPR is not reliable and is inaccurate. It's not clear how the ANPR will be used in the parking lot. As per BPA code of practice as well as DVLA, this must be clearly written how this ANPR  will be used and they are obliged to share this information with the accused driver/ keeper.

7) The PCN charge is disproportionate as it does not reflect the loss suffered by the Operator as the establishment was closed at that time of parking. For the parking charge to be enforceable “there should be a loss to the land owner”. I can see no conceivable financial loss to the landowner or shop as a result of the alleged breach.

8) In the rejection letter, the operator mentioned they have a success rate of 83% against appeal. But this information is unnecessary regarding this PCN, therefore, it was done intentionally to influence the appellant & put pressure indirectly not to appeal. It should be taken as breach of code of conduct.

Thank you

KeithP

What is that that you have shown us?
Surely not a PoPLA appeal?
Have you read any other PoPLA appeals?
Have you read what the NEWBIES thread has to say about the creation of a PoPLA appeal?

'Garbage truck' and 'parking lot' are not terms often seen here in England.

Sammy25uk

I'm sorry, i didn't appeal it before. I'll try it again tonight, would be helpful, if you can guide me.

Le_Kirk

Sammy25uk said:

I'm sorry, i didn't appeal it before. I'll try it again tonight, would be helpful, if you can guide me.

@KeithP has guided you by telling you where to find the help with POPLA appeals on the NEWBIE  sticky. 

Sammy25uk

sorry, i didn't find the links, can you pls send me the link?

Coupon-mad

See my signature below.

You have 2 immediate links back to page one on this very page already.

We avoid providing links to the Announcement threads (pinned at the top if page one) because that doesn't help you.

You need to know where the pinned 'sticky' threads are and how to click back there, so you can research the forum well and see for yourself how easy it is to hop round this forum, from thread to thread.  It's how you will gain confidence.

Which is why the words below appear under every post I make.

Sammy25uk

Hello

I have tried to edit the draft, pls just mention the lines which you think is unreasonable. Or if you think the way of writing is not ok, then pls give me an example how to write it.

1) The car entered into the parking area @9.30 am for maneuvering and came out instantly, then parked out of the property.  Then again entered @10.00 and exited @10.05. But the operator claims, the car entered the property at 9.15am and exited at 9.49am. They skipped the 1st exit & 2nd entering video & also mentioned the wrong timing.

2)The images provided still didn't prove that the car was parked for 34 mins as the APNR isn't accurate as the car was parked out of property during the mentioned period.

3) In the parking notice, it's said, visitors must obtain a parking permit by registering on the touch screens inside the premises & entering their full correct vehicle registration number, but there was no touch screen sign visible inside the premises.

4) As per BPA code of conduct, the grace period is for 5 minutes. As the car left within the grace period & didn't park, there wasn't any breach of terms.

5) The operator operates the property on behalf of the landowner. But they have no evidence of landowner authority.

6) ANPR is unreliable and inaccurate. It's not clear how the ANPR will be used in the parking lot. As per BPA code of practice as well as DVLA, this must be clearly written how this ANPR will be used.

7) The PCN charge is disproportionate as it does not reflect the loss suffered by the Operator as the establishment was closed at that time of parking. For the parking charge to be enforceable “there should be a loss to the land owner”.

Thank you

Coupon-mad

Sammy25uk said:

Hello

I have tried to edit the draft, pls just mention the lines which you think is unreasonable. Or if you think the way of writing is not ok, then pls give me an example how to write it.

1) The car entered into the parking area @9.30 am for maneuvering and came out instantly, then parked out of the property.  Then again entered @10.00 and exited @10.05. But the operator claims, the car entered the property at 9.15am and exited at 9.49am. They skipped the 1st exit & 2nd entering video & also mentioned the wrong timing.

2)The images provided still didn't prove that the car was parked for 34 mins as the APNR isn't accurate as the car was parked out of property during the mentioned period.

3) In the parking notice, it's said, visitors must obtain a parking permit by registering on the touch screens inside the premises & entering their full correct vehicle registration number, but there was no touch screen sign visible inside the premises.

4) As per BPA code of conduct, the grace period is for 5 minutes. As the car left within the grace period & didn't park, there wasn't any breach of terms.

5) The operator operates the property on behalf of the landowner. But they have no evidence of landowner authority.

6) ANPR is unreliable and inaccurate. It's not clear how the ANPR will be used in the parking lot. As per BPA code of practice as well as DVLA, this must be clearly written how this ANPR will be used.

7) The PCN charge is disproportionate as it does not reflect the loss suffered by the Operator as the establishment was closed at that time of parking. For the parking charge to be enforceable “there should be a loss to the land owner”.

Thank you

That last point has no legs. You've been reading old threads and only needed to read the third post of the NEWBIES thread and copy.

KeithP

What is wrong with using the word 'at' in the first two sentences of your paragraph 1?

You've got it right in the third sentence of that paragraph.  

Sammy25uk

Hi

Hope this one is ok.

1) The car entered into the parking area at 9.30 am for maneuvering and came out instantly, then parked out of the property.  Then again entered at 10.00 and exited at 10.05. But the operator claims, the car entered the property at 9.15am and exited at 9.49am. They skipped the 1st exit & 2nd entering video & also mentioned the wrong timing.

2)The images provided still didn't prove that the car was parked for 34 mins as the ANPR isn't accurate as the car was parked out of property during the mentioned period.

3) In the parking notice, it's said, visitors must obtain a parking permit by registering on the touch screens inside the premises & entering their full correct vehicle registration number, but there was no touch screen sign visible inside the premises.

4) As per BPA code of conduct, the grace period is for 5 minutes. As the car left within the grace period & didn't park, there wasn't any breach of terms.

5) The operator operates the property on behalf of the landowner. But they have no evidence of landowner authority.

6) ANPR is unreliable and inaccurate. It's not clear how the ANPR will be used in the parking lot. As per BPA code of practice as well as DVLA, this must be clearly written how this ANPR will be used.