POPLA Operator evidence advice

tfo1998

Hi everyone.

I received a PCN from ECP and the appeal has just been rejected. I paid for the parking and have evidence of a parking ticket, the location code, my reg and the length of time, however due to what I imagine was an error with their website the payment was never taken which obviously wasn’t my fault.

The reason ECP gave for rejecting my appeal was:
‘After interrogating the back office of all payment methods, we were unable to locate a pay and display ticket/pay by phone session matching your vehicle registration number. Therefore, in order to locate which vehicle registration number, you may have paid for, we will require the VAT receipt which shows date/time/VRM/location and a mobile number– please submit it to euro car parks with your full name/parking charge notice number/vehicle registration mark and the required information.’

This is a ridiculous and embarrassing excuse considering I sent them evidence of purchasing parking clearly stating their location code and my registration number, as well as the date and time it was purchased.

ECP sent the attached photo of their T&Cs relating to parking and nowhere on there does it state I need to retain or even obtain a VAT Receipt so it’s clear they’re trying to bend the rules to make profit on someone who used their car park in good faith.

Any advice would be greatly appreciated, I intend taking this to POPLA. Also shows how much of a sham operation they are when there’s the caveat in the letter they’ve chosen not to engage with the ombudsman services!

Gr1pr

Just draft up your Popla appeal and add the proof, plan C

Also complain to the Landowner, plan A 

Also complain about it to your local MP 

That ombudsman issue is irrelevant, not a part of the standard process, forget about it and get your Popla appeal done 

tfo1998

Gr1pr said:

Just draft up your Popla appeal and add the proof, plan C

Also complain to the Landowner, plan A 

Also complain about it to your local MP 

That ombudsman issue is irrelevant, not a part of the standard process, forget about it and get your Popla appeal done 

Thanks for replying so quickly! I’ve been looking for the landowner on the planning website and I’ve interestingly just found this in the permission letter from 2019:

“The temporary car park hereby approved shall, unless the permission be renewed, be discontinued at or before the expiration of three years from the date of this permission.”

Am I correct in saying if they haven’t had permission renewed (and it doesn’t look like they have), the car park is operating unlawfully and therefore they don’t have the means to impose a penalty?

Coupon-mad

Yes (but it's not a penalty or fine).  They probably did renew it.

Try a POPLA Appeal with your evidence of paying.  Do you mean a machine in the car park produced a physical ticket (a receipt) showing the right VRM and the times you could park for?

tfo1998

Coupon-mad said:

Yes (but it's not a penalty or fine).  They probably did renew it.

Try a POPLA Appeal with your evidence of paying.  Do you mean a machine in the car park produced a physical ticket (a receipt) showing the right VRM and the times you could park for?

No sorry I meant I paid online and received this, I’ve blacked out my VRM but you can see the location code, time, the date of the screenshot (same date and time of parking ticket bought). The mind boggles as to how that allegedly isn’t proof I paid!

Coupon-mad

Which app?

tfo1998

Paybyphone . co . uk (sorry, can’t post links yet my account is too new)

Coupon-mad

Might be worth asking PayByPhone what happened to this payment.

Or your card provider might be able to see.

tfo1998

Thanks for your advice I’ll definitely look into that.

Ive been in touch with the council and they never renewed planning permission and there’s an open enforcement case against them, this is about to get interesting I think…

Coupon-mad

tfo1998 said:

Thanks for your advice I’ll definitely look into that.

Ive been in touch with the council and they never renewed planning permission and there’s an open enforcement case against them, this is about to get interesting I think…

Ooer ... sounds good.  Thing is, they'll get round it by retrospective planning permission.

tfo1998

Hi everyone

Just hoping you can give me some guidance on my POPLA appeal, apologies as it's quite in depth!

To whom it may concern,

I, the registered keeper of this vehicle, received a letter dated 31/10/2024 acting as a notice to the registered keeper. My appeal to the Operator – X – was submitted and acknowledged by the Operator via email on X and rejected via a letter sent by email dated X (please note they failed to send a hard copy of this letter to my address).

I wish to appeal the PCN on the following grounds:

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

2.      The car park is operating unlawfully without planning permission and therefore without consent of the landowner (specifically relating to BPA CoP 14.1.g).

3.      Failure to identify a major keying error in line with BPA Code of Practice

4.      The operator (X) has failed to operate in line with the Equality Act 2010, specifically relating to disability

 

1. 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; from a HM Land Registry search conducted by myself on X, it is made clear the operator does not own the land (documents proving so are attached to this appeal (Appendix A and B )).

The contract and any 'site agreement' or 'User Manual' setting out details - such as any 'genuine customer' or '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, especially considering the exceptional circumstances that planning permission of the car park concerned lapsed over two years ago.

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.

Section 14 of the BPA CoP defines the mandatory requirements and I put this operator to strict proof of full compliance as set out below:

14.1 Where controlled land is being managed on behalf of a landowner(s), before a parking charge can be issued written confirmation must be obtained by the parking operator from the landowner(s) covering:

a)      The identity of the landowner(s)

b)     A boundary map of the land to be managed

c)      Such byelaws as may apply to the land relating to the management of parking

d)     The permission granted to the parking operator by the landowner(s) and the duration of that permission

e)      The parking terms and conditions that are to be applied by the parking operator, including as appropriate the duration of free parking permitted, parking tariffs, and specific permissions and exemptions, e.g. for staff, residents or those stopping for short periods such as taxi and minicab drivers, delivery drivers and couriers

f)        The means by which parking charges will be issued

g)      Responsibility for obtaining relevant consents e.g. planning or advertising consents

h)      The obligations under which the parking operator is working, in compliance with this Code and as a member of an ATA

i)        Notification of the documentation that the parking operator may be required to supply on request to authorised bodies detailing the relationship with the land owner

j)        The parking operator’s approach to the handling of appeals against parking charges.

X Car Park, which is the car park this PCN is concerning, has been operating without planning permission since X, therefore the original landowner authority (if it ever existed) likely expired on this date considering the land could no longer be used as a car park following this date. As a result, X do not have permission to operate nor enforce on this land. I have had the aforementioned confirmed by X Council who currently have an open enforcement case relating to this car park, please note in the attached correspondence (Appendix C) X Council confirm they are formally requesting the use of the land to be ceased.

 

2. The car park is operating unlawfully without planning permission and therefore without consent of the landowner

As you can see in the attached planning permission granted in 2019 (Appendix D), the notice clearly states ‘The temporary car park hereby approved shall, unless the permission be renewed, be discontinued at or before the expiration of three years from the date of this permission.’ X have failed to do so and continued operating unlawfully in contravention of the Town and Country Planning Act 1990. The notice also states ‘The permanent use of a car park at this location within the city centre would not be acceptable and would not comply with Policy 3 of the X Core Strategy or the X City Centre Plan. However, the temporary use for a period of three years is considered acceptable under exceptional circumstances only’. It is clear in this instance X believe they are above the law and have no intention of complying with BPA Code of Practice condition 14. Relationship with Landowner, specifically point 14.1.g: ‘Where controlled land is being managed on behalf of a landowner(s), before a parking charge can be issued written confirmation must be obtained by the parking operator from the landowner(s) covering: g. responsibility for obtaining relevant consents e.g. planning or advertising consents’. As described above and in the attached evidence (Appendix E), planning consent expired on X and there has been no attempt by either X or the landowners to renew this consent, therefore they are once again non-compliant with BPA Code of Practice.