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Overstayed in Waitrose car park….

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Comments

  • Coupon-mad
    Coupon-mad Posts: 148,161 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    This isn't what to say sbout why the NTK fails para 9 of POFA. Remove all this:
    "PoFA 2012 Schedule 4 paragraph 9 refers at numerous times to the “period of parking”. 
    Most notably, paragraph 9(2)(a) requires the NtK to:
    “specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;” 
    Britannia Parking’s NtK simply claims that the vehicle entered “Waitrose – Northwood, 52 Green Lane, HA6 2XW”at 18:06:54  and departed at 20:50:09”. 
    At no stage does Britannia Parking explicitly specify the “period of parking to which the notice relates”, as required by POFA 2012. Britannia Parking uses ANPR (while failing to comply with the data protection 'ICO Code of Practice' applicable to ANPR) to capture images of vehicles entering and leaving the unbounded area to calculate their length of stay.
     Any vehicle passing through will be captured by ANPR. Britannia Parking, however, does not provide any direct evidence of its alleged violation. It is not in the gift of Britannia Parking to substitute “entry/exit” or “length of stay” in place of the POFA requirement - “period of parking” - and hold the keeper liable as a result.
    By virtue of the nature of an ANPR system recording only entry and exit times, Britannia Parking are not able to definitively state the period of parking.
    I require Britannia Parking provide evidence to show the vehicle in question was parked on the date/time (for the duration claimed) and at the location stated in the NtK."

    What to point to is the omission of 9(2)f.

    End of story.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • lon_85
    lon_85 Posts: 162 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Thank you @Coupon-mad :)  have modified and submitted online to Popla. Will update here with outcome fingers crossed! 


  • lon_85
    lon_85 Posts: 162 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Hi everyone update on current status today just checked status -  

    Your appeal has been submitted

    We have received your appeal and have requested the parking operator to provide information and evidence about your appeal. Once the operator sends us their evidence it will appear here. We will notify you when we receive this information and evidence so that you can provide your comments.

  • lon_85
    lon_85 Posts: 162 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker

    The operator has contacted us and told us that they have withdrawn your appeal.

    If you have already paid your parking charge, this is the reason your appeal will have been withdrawn. Unfortunately, you cannot pay your parking charge and appeal, which means that POPLA’s involvement in your appeal has ended. You will not be able to request a refund of the amount paid in order to resubmit your appeal to us.

    If you have not paid your parking charge, the operator has reviewed your appeal and chosen to cancel the parking charge. As the operator has withdrawn your appeal, POPLA’s involvement has now ended and you do not need to take any further action.

    Kind regards

    POPLA Team

  • lon_85
    lon_85 Posts: 162 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    BINGO! Thank You so much to the moderators for helping me navigate this one and I learnt something in the process about appealing to popla should this ever happen again -  hopefully it doesn't 🙂
  • Coupon-mad
    Coupon-mad Posts: 148,161 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yay - very good news! Nicely done.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • lon_85
    lon_85 Posts: 162 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Yay - very good news! Nicely done.
    Thank you for your help @Coupon-mad it was getting close to the wire and I was getting stressed but you took the time to review my appeal and it literally saved the day - I'm very grateful. 🙏🙂 
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