PCN - Select Parking Ltd

Couldey

Ok so did the appeal as directed above and just received the following back:

Vehicle Registration: xxxx xxx

Parking Charge Notice Reference: xxxxxxxx

Date of this Notice: 0x/09/24

Date of Parking Event: 2x/05/2024

POPLA CODE: xxxxxxx

TOTAL AMOUNT DUE: £60.00 if paid by 16/09/2024 or £100.00 if paid by 30/09/2024

Dear xxxxxxx

Thank you for your appeal against the above Parking Charge Notice (PCN). We have carefully considered your appeal, however on this occasion the appeal has been rejected for the following reason(s):

NO VALID PARKING PERMIT

You have now reached the end of our internal appeals procedure and therefore you now have two options; you can either pay or appeal to POPLA - you cannot do both: 

1. You can pay the total amount due as shown above via the following payment options: Pay online at: www.parkdubbo.com

2. Or, you can appeal to an Independent Appeals Service, POPLA (Parking on Private Land Appeals) using the POPLA Reference code provided above. Please note, should you decide to appeal to POPLA, the option to pay a discounted amount will no longer be available and the full amount of the PCN will become due if you are unsuccessful.

If you decide to appeal to POPLA, you will need to visit their website, www.popla.co.uk, where further details of how to appeal (either online or by downloading the relevant forms) can be found. If you are unable to access their website, please call us for further information on how to obtain the forms. Please ensure that your POPLA Reference Number as noted above is quoted on all correspondence to POPLA. You have 28 days from the date of this letter to submit an appeal to POPLA; if you appeal to POPLA we will suspend recovery activity on the PCN and the charge will not increase past the full amount until the appeal has been determined.

By law we are also required to inform you that Ombudsman Services (www.ombudsman-services. org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.

If you do not make payment or submit an appeal to POPLA within the relevant timeframe, the outstanding PCN may be passed to our appointed debt collection agency for further action. All costs associated with this process will be added to the amount outstanding.

Yours sincerely,

Select Parking Limited

Parking Charge Notice Department“

Now to draft a POPLA appeal?

Coupon-mad

Yep.

Never heard of parkdubbo.com but it doesn't sound very professional!  Not that you'll pay.

1505grandad

Oh dear  -  BPA AoS member Unity (Services) Limited t/as TNC Parking Services/TNC Collections/TNC Legal Services/Credit Investigation Services (UK)/ParkDubbo

www.tncgroupservices.com

Grizebeck

Just appeal to popla on grounds of no keeper liability

Couldey

Thank you all 👍 Will get the draft up in the next few days. 

What does the following mean 1505grandad:

Oh dear  -  BPA AoS member Unity (Services) Limited t/as TNC Parking Services/TNC Collections/TNC Legal Services/Credit Investigation Services (UK)/ParkDubbo

www.tncgroupservices.com

Couldey

Hello everyone, is the below ok to use for my POPLA appeal based on No Keeper Liability?

Also, should I add the Signage template?

“No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice

As this operator does not have proprietary interest in the land then I require that they produce an unredacted copy of the contract with the landowner.

The contract and any 'site agreement' or 'User Manual' setting out details - such as any 'genuine resident’ exemptions or any site occupier's 'right of veto' charge cancellation rights, and of course all enforcement dates/times/days, and the boundary of the site - is key evidence to define what this operator is authorised to do, and when/where.

It cannot be assumed, just because an agent is contracted to merely put some signs up and issue Parking Charge Notices, that the agent is authorised on the material date, to make contracts with all or any category of visiting drivers and/or to enforce the charge in court in their own name (legal action regarding land use disputes generally being a matter for a landowner only).

Witness statements are not sound evidence of the above, often being pre-signed, generic documents not even identifying the case in hand or even the site rules. A witness statement might in some cases be accepted by POPLA but in this case I suggest it is unlikely to sufficiently evidence the definition of the services provided by each party to the agreement.

Nor would it define vital information such as charging days/times, any exemption clauses, grace periods (which I believe may be longer than the bare minimum times set out in the BPA CoP) and basic but crucial information such as the site boundary and any bays where enforcement applies/does not apply. Not forgetting evidence of the only restrictions which the landowner has authorised can give rise to a charge, as well as the date that the parking contract began, and when it runs to, or whether it runs in perpetuity, and of course, who the signatories are: name/job title/employer company, and whether they are authorised by the landowner to sign a binding legal agreement.

Paragraph 7 of the BPA CoP defines the mandatory requirements and I put this operator to strict proof of full compliance:

7.2 If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken.

7.3 The written authorisation must also set out:

A. The definition of the land on which you may operate, so that the boundaries of the land can be clearly defined

B. Any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation

C. Any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement

D. Who has the responsibility for putting up and maintaining signs

E. The definition of the services provided by each party to the agreement”

Coupon-mad

Of course you must personalise it to remove whichever of these is inapplicable:

"such as any 'genuine customer' or 'genuine resident' exemptions"

Couldey

Thank you CM, I presume I delete ‘genuine resident’ as it is an industrial estate. I will edit that in the draft above.  

Worth adding in the below signage template or does that not apply in this case? Do not recall seeing any clear and obvious signs. 

Or should I go back to the site and take pictures of the signage and post up here?

EDITED as per keithp and grizebecks advice. Thank you.

Grizebeck

I honestly think people are now adding to much into popla appeals
One point will win this 
Keeper liability will win it.dont crowd it out with stuff that isn't needed
Less is more

I think overall things need to change with popla appeals
A lot less waffle and stick to the facts
A few paragraphs is plenty.

One reason why assessors miss things as people throw the kitchen sink in as well

Couldey

Thank you for the advice above. I’ve deleted the ‘old’ signage template I copied and pasted earlier. 

The below ok to go to Popla?

“No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice

As this operator does not have proprietary interest in the land then I require that they produce an unredacted copy of the contract with the landowner.

The contract and any 'site agreement' or 'User Manual' setting out details - such as any 'genuine customer' exemptions or any site occupier's 'right of veto' charge cancellation rights, and of course all enforcement dates/times/days, and the boundary of the site - is key evidence to define what this operator is authorised to do, and when/where.

It cannot be assumed, just because an agent is contracted to merely put some signs up and issue Parking Charge Notices, that the agent is authorised on the material date, to make contracts with all or any category of visiting drivers and/or to enforce the charge in court in their own name (legal action regarding land use disputes generally being a matter for a landowner only).

Witness statements are not sound evidence of the above, often being pre-signed, generic documents not even identifying the case in hand or even the site rules. A witness statement might in some cases be accepted by POPLA but in this case I suggest it is unlikely to sufficiently evidence the definition of the services provided by each party to the agreement.

Nor would it define vital information such as charging days/times, any exemption clauses, grace periods (which I believe may be longer than the bare minimum times set out in the BPA CoP) and basic but crucial information such as the site boundary and any bays where enforcement applies/does not apply. Not forgetting evidence of the only restrictions which the landowner has authorised can give rise to a charge, as well as the date that the parking contract began, and when it runs to, or whether it runs in perpetuity, and of course, who the signatories are: name/job title/employer company, and whether they are authorised by the landowner to sign a binding legal agreement.

Paragraph 7 of the BPA CoP defines the mandatory requirements and I put this operator to strict proof of full compliance:

7.2 If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken.

7.3 The written authorisation must also set out:

A. The definition of the land on which you may operate, so that the boundaries of the land can be clearly defined

B. Any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation

C. Any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement

D. Who has the responsibility for putting up and maintaining signs

E. The definition of the services provided by each party to the agreement”