POPLA appeal St Michael’s Retail Park Basingstoke

mezzyd

I am preparing a POPLA appeal against an alleged overstay in the 30 minute car park brought by Premier Park.

I have obtained the Title Deed from the Land Registry Portal & the land is now owned by Glasgow City Council, which I think may place this outside the umbrella of POFA 2012, but I find the wording of paragraph 3 of Schedule 4 a bit confusing concerning the definition of “relevant land”.

May I please ask for some advice about how to word this argument in my appeal?

Thanks in advance.

Coupon-mad

I see the title says the place is in Basingstoke but you say owned by Glasgow Council?

Yes - ONLY IF YOU'VE EXHAUSTED LANDOWNER COMPLAINT - you could try the tactic you suggest at POPLA. Very much secondary to landowner complaint though.

mezzyd

Thanks, landowner complaint went nowhere unfortunately & actually the short stay parking is part of the agreement with Basingstoke Council connected with planning permission, so perhaps they don’t have much leeway.

Yes I was a bit surprised to see Glasgow City Council but definitely correct.

ballhelmet

@mezzyd - I too am preparing to appeal an alleged overstay in this same car park. If you would be able to share contact details for the landowner (to save me buying the land registry details) I would be very much obliged.

I am not sure if still useful to you given the timescale of your appeal, but per the planning permission for the short-stay car park (Basingstoke and Deane, 19/00883/FUL, PA_Decision Notice, condition 6) the planning permission is contingent on operating the enforcement of the car park per a Technical Note dated September 2019.

From the Technical Note (section 2.13):

An initial offence would result in a warning letter being issued to the vehicle keeper through the DVLA database to which the car park management will be linked. Should a further offence be committed, a fixed price penalty, to be determined by the operating company, will be charged for overstaying the maximum time period, again issued through the DVLA database. 

From my understanding, as I (the registered keeper) have not received such a warning in the past, the landowner (or their agent in this case) is directly contravening the planning permission on which the short-stay car park is authorised by issuing me a 'Parking Charge Notice'.

I would very much appreciate any thoughts from the community on whether this is likely a strong point.

NB: I am planning on appealing to Premier Park (and, if necessary, POPLA) using the template on this forum / available on MSE.

Coupon-mad

I am not sure if still useful to you given the timescale of your appeal, but per the planning permission for the short-stay car park (Basingstoke and Deane, 19/00883/FUL, PA_Decision Notice, condition 6) the planning permission is contingent on operating the enforcement of the car park per a Technical Note dated September 2019.

From the Technical Note (section 2.13):
An initial offence would result in a warning letter being issued to the vehicle keeper through the DVLA database to which the car park management will be linked. Should a further offence be committed, a fixed price penalty, to be determined by the operating company, will be charged for overstaying the maximum time period, again issued through the DVLA database.

Very interesting Planning Permission.

It would be VERY good if the MHCLG could include that requirement as mandatory in housing estates and high street car parks (retail parks, shops, supermarkets, hotels, pubs, cinemas, gyms and GP surgeries especially) to act as part of the deterrent without unfairly penalising drivers.

Residents, shoppers and patrons of gyms and GP surgeries need fair warning and especially protecting from charges.

ballhelmet

I agree. I remember once getting a warning for missing a toll section of road - I haven't missed it again, so maybe a similar thing can work with parking.

I have appealed on the basis of incorrect enforcement of charges. Let's see.

I will try to identify the landowner and lodge a complaint with the planning authority for breach of planning consent.