Britannia Parking POPLA Appeal stage - advice please

purplefizz27

Thank you!

Is this still too long, or do you have any other advice/suggestions before I submit it to POPLA please?

In making their assessment I ask the POPLA assessor to consider the following comments in further support of my original POPLA appeal as submitted on XX

Poor and inadequate signage:

• Britannia Parking’s stock images 'evidence' show signs way above a driver’s eye level, mounted on poles, and not visible from all spaces in the car park. 
• The BPA Code of Practice mentions the use of capital letters and mixing large and small font are deemed unclear as far as signage is concerned.
• “Camera Controlled” is NOT sufficient to bring the parking charge (i.e. the sum of £100 itself) to the attention of the motorist, therefore there is not adequate notice (POFA 20212). 
• It is not clear where the car was parked on the day to be able to provide evidence to show the driver’s point of view of any signage from said parking spot at the time in question/ on the day in question.

NtK does not meet PoFA 2012 requirements (No Evidence of Period Parked)

• Notice to Keeper failed to comply with POFA 2012, paragraph 8, section (2)(a), which very clearly states: “specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;” 
• There is no evidence to show where the vehicle was parked and how long the vehicle was parked

BPA CoP failure (The ANPR System is Neither Reliable nor Accurate)

• Section 20, Paragraph 5 (S20P5) of the BPA CoP:
  “When issuing a parking charge notice you may use photographs as evidence that a vehicle was parked in an unauthorised way.”
• The photographs provided by Britannia do not show a vehicle with the registration of [REDACTED] parked in the car park, instead, it shows the vehicle whilst driving - there is no way to establish context or specific location of this image of the vehicle.
• Britannia have failed to clearly inform drivers about the cameras and what the data will be used for, and how it will be used and stored. 
• No records as to the dates and times of when the cameras at this car park were checked, adjusted, calibrated, synchronised with the timer which stamps the photos and generally maintained to ensure the accuracy of the dates and times of any ANPR images.
• The entirety of the charge is founded on two images purporting to show my vehicle entering and exiting at specific times. 

Furthermore, there seems to be no Landowner Authority - there is no valid copy of a contract included in the evidence. 

• The ‘BPA Approved Operators Scheme, Landowner Authority’ letter provided as evidence is an ‘ongoing agreement’ from Jan 2007 and has not been signed by the landowner, but rather a managing agent of the site (Greene King ‘Head of Estates’). 
• No further evidence has been submitted to confirm that this signatory has the authority to act on the behalf of the landowner, especially with regards to entering into long-term contracts with 3rd party companies. 

In light of all above points, I respectfully request that my appeal be upheld and the charge dismissed.

Gr1pr

Typo in the 2024 date 

Start with the no landowner authority section, (the strongest argument in any PCN Saga), followed by the NTK does not meet section 

purplefizz27

Gr1pr said:

Typo in the 2024 date 

Start with the no landowner authority section, (the strongest argument in any PCN Saga), followed by the NTK does not meet section 

Will do - appreciate your help. 

Will amend and submit the comments this afternoon

thank you!

Coupon-mad

Remove this point.  Won't work:

BPA CoP failure (The ANPR System is Neither Reliable nor Accurate)

1505grandad

"Notice to Keeper failed to comply with POFA 2012, paragraph 8, section (2)(a),....."

Just checking  -  was there a windscreen ticket  -  if not the para should be 9?

purplefizz27

1505grandad said:

"Notice to Keeper failed to comply with POFA 2012, paragraph 8, section (2)(a),....."

Just checking  -  was there a windscreen ticket  -  if not the para should be 9?

Thanks, there was no windscreen ticket, just the NtK - so should I edit it to say "Notice to Keeper failed to comply with POFA 2012, paragraph 9, section (2)(a),....." instead?

purplefizz27

Thank you all for your help...

One last Q - am I right just submitting the final comments straight into the section on the POPLA website under 'Please provide your comments on the operator evidence.' or does it need to somehow be sent as PDF like original appeal? (Apologies I have tried to search past posts but can't see anything)

Gr1pr

The first one 

purplefizz27

Hello all - no update as yet, but another question if someone could advise please:

Do I need to inform anybody re this PCN/ appeal/ POPLA involvement etc if I am looking to part ex the car involved, and get a new vehicle?

Thank you

KeithP

purplefizz27 said:

Hello all - no update as yet, but another question if someone could advise please:

Do I need to inform anybody re this PCN/ appeal/ POPLA involvement etc if I am looking to part ex the car involved, and get a new vehicle?

Thank you

No.