Azure Parking - how to appeal "No parking at any time" PCN?

Ulrich

@Gr1pr
I know it is. Not sure if I want to complain right now.. will see

Coupon-mad

Ulrich said:

@wibblebibbleboo
mine has gone up to £170 + £1.95 handling fee, strange yours hasn't

it hasn't really gone up. This is part of the 'extorting money from motorists' MO they use.

Ulrich

Ok, I've just received an email from POPLA that the Operator has uploaded its evidence.
They provided some PDFs with Case Summary, Parking Management Agreement, maps etc.
Here's their case summary finale (the whole document is much longer):
"The vehicle remained on site in an area of no parking at any time. • This is a breach of the Terms and Conditions of using the site and consequently a breach of Contract. • The signage on Site clearly specifies the full Terms and Conditions of use of which it is the motorist’s responsibility to ensure they adhere to. • The signage is approved by the British Parking Association and is sufficient in notifying all users of the Terms and Conditions of parking on this private land. • Whilst the circumstances of the Appellant’s appeal have been considered, these do not exempt them from the relevant applicable Terms and Conditions specifically the requirement to not park at the location. • The Registered keeper appealed using an internet template which did not specifically appeal the issuing of the actual Parking Charge. • The vehicle entered the location at 17:03 and exited at 17:11 and the photographic evidence shows this clearly and the vehicle parking at the location. • The vehicle was onsite at the location for 7-minutes in an area of no parking. • Please note- this Parking Charge is POFA 2012 compliant and therefore keeper liability has been established."

@Coupon-mad
How should I deal with all that stuff, specifically with the long case summary by ZZPS?

kryten3000

Ulrich said:

Please note- this Parking Charge is POFA 2012 compliant and therefore keeper liability has been established."

I'd be willing to bet that it isn't.  Use the comments to point out the deficiencies again.

Edit - looked back and of course it's non-compliant. 

Ulrich

Here is my appeal to POPLA:

Ulrich

Here is operator's case summary ZZPS submitted on behalf of Azure Parking:

Ulrich

@kryten3000
@Coupon-mad

It looks that they did not address directly at least my 2nd point regarding non-POFA compliance.
Should I only reiterate my appeal's point in comments or there is anything else to add?

ChirpyChicken

Only talk about pofa nothing else

Ulrich

ChirpyChicken said:

Only talk about pofa nothing else

No problem.
Do you think it is enough to copy'n'paste the 2nd point of my POPLA appeal as my comments?

Fruitcake

Highlight any and all points the operator has failed to address, and state that since they have not rebutted your points then they must accept them, and the PoPLA assessor must find in your favour.

Also point out that the operator's statement that the NTK was compliant is not true, and they have failed to address the points you made *insert specific PoFA failure points* and again say that since the operator has failed to rebut them, they must accept them and your appeal must be allowed.

Repeat the wording from the previous assessment that supported your points. If it were me, I would also state that recently assessors have been having problems understanding the PoFA, and retraining is to be carried out by PoPLA to ensure their assessors do not repeat these mistakes. It is imperative that the assessor reviewing your case has been sufficiently trained to understand both the PoFA, and contract law.