Permit Bay - Unpermitted

hopscotch69

Q - Why are you alleging that there's a lighting issue with the signs, if it was daylight?

A - Because the driver parked the car at 1am when it was pitch black. I think it's irrelevant what time the ppc spotted the parked car ie in the daylight. I am stating that the signs were not clear in the pitch black when the driver parked. 

"POPLA has been provided a copy of our daily entry log for this site. No entry is similar to the VRM of the vehicle." 

What do they mean by this? The driver has a receipt, and this has been provided as evidence, for the purchase of a ticket at 1am. They were not driving an invisible car how can they say they have no log for the car. Or are they talking about the pay and display car park which they say is managed by bransby wilson and not them? 

How do they have a daily log for a car park they don't manage?

I'm a little confused. 

Coupon-mad

Where is that log?  They have to send you the same evidence pack as they send to POPLA.

Good point about when the car was parked.  You'll have to out out their misleading words about that to POPLA as well.

hopscotch69

Just letting you all know that my appeal was successful. Thanks for all your help on the site but especially thanks to coupon-mad for responding personally. The contract they sent to popla and myself as their evidence had wording within it that said they needed to apply a pcn to the screen. I pointed this out to popla along with many other points. Popla's response - "I can see from the operator's licence agreement; this does say all the vehicle details must be present on the PCN and the PCN must be placed in a waterproof document and attached to the vehicle. I can see the PCN was posted to the appellant and there was no PCN attached to the windscreen on the date in question by the operator, which is in breach of their own contract. Therefore, I therefore cannot conclude with the necessary certainty that this PCN was issued correctly, and therefore must allow this appeal. In conclusion, I can see that the appellant has referenced other points within their appeal to POPLA, but I do not feel that these need to be reviewed based on the outcome reached. Overall, I am not satisfied that the charge has been issued correctly, therefore I must allow this appeal."
Very happy with this result and hope it helps someone else in the future. 

Coupon-mad

Yay that's great!

Which site was this again?

VERY useful for us to memorise that they have a contract that requires windscreen PCNs.

hopscotch69

This was for York, Priory Street. 

Coupon-mad

hopscotch69 said:

This was for York, Priory Street. 

POPLA:

"I can see from the operator's licence agreement; this does say all the vehicle details must be present on the PCN and the PCN must be placed in a waterproof document and attached to the vehicle.

I can see the PCN was posted to the appellant and there was no PCN attached to the windscreen on the date in question by the operator, which is in breach of their own contract. Therefore, I therefore cannot conclude with the necessary certainty that this PCN was issued correctly, and therefore must allow this appeal."

Minster Baywatch
York Priory Street 

We must remember this one.

Needs adding to POPLA DECISIONS