Britannia trying to use lack of ANPR as evidence (Bromley South)

BobWaffle

I've received a number of similar PCNs (the keeper has named me as the driver) from Britannia for "Parking/Stopping in a no parking area". 

The location is Bromley Police Station access road. This access road leads to Waitrose car park (also managed by Britannia) , where parking is free for 90 mins. 

In each case, the evidence consists of two photos of the vehicle entering and exiting the access road from the high street. 

I already appealed an earlier one, saying that I didn't park or stop, and only drove along the road to get to Waitrose car park. They rejected the appeal, saying that the vehicle wasn't picked up by the Waitrose ANPR, therefore it must have been parked in the access road. 

They are trying to use lack of ANPR capture at Waitrose as evidence that the vehicle wasn't there. This seems like a flawed argument, as we all know that ANPR is not 100% reliable. 

Surely ANPR can only prove that a vehicle was in a particular location. It cannot be used to prove the negative, that it wasn't. 

So now I'm doing POPLA for the earlier one, and an initial appeal for the others. 

I guess I'll use the the same argument for the initial appeals, as they're bound to reject them anyway. 

For POPLA, I think my first point will be that I used the road to get to Waitrose car park, and lack of ANPR cannot prove otherwise. Is this a strong argument on its own? Or do I need other points? 

Thanks for any advice

Fruitcake

I think that location has come up several times recently, and it is not relevant land. If that is the case, this would have been so much easier for the keeper to appeal because they cannot be held liable.

Yes, your PoPLA appeal should include that fact that the operator has provided no proof that the vehicle was parked at the location in question.

Use all the other points available to you as well from the third post of the NEWBIES.

Coupon-mad

Here's a thread about that place, where the OP has worked on a POPLA Appeal but I suggested not to bother:

https://forums.moneysavingexpert.com/discussion/6573114/14-day-limit

Don't expect to win. It doesn't matter!

No paying either way.

BobWaffle

Coupon-mad said:

Here's a thread about that place, where the OP has worked on a POPLA Appeal but I suggested not to bother:

https://forums.moneysavingexpert.com/discussion/6573114/14-day-limit

Don't expect to win. It doesn't matter!

No paying either way.

Yes, I saw that thread. I've used some of the same points in my 1st draft POPLA Appeal:

BobWaffle

I'm drafting a POPLA appeal, and was going to use these points:

1)Lack of Evidence/Flawed Evidence
2)No Parking Contract Possible in a No Parking Area

But I don't know whether it's worth including these:

3)Inadequate Signage
4)No Landowner Authority


This is the approach to the access road from the high street, where it looks like a public road:






Once you turn in, and have already been captured by ANPR, you see this sign:






Then further along there is this sign. It has small print that is illegible, even when you go right up to it:






Is there a case for inadequate signage here?

I'd be grateful for any advice.

Half_way

forbidding sign, you cant agree to do something you are not allowed to do 

Coupon-mad

But don't show those final two (blue sign) images as the £100 is in big text.

It is always worth including these:

3) Inadequate Signage
4) No Landowner Authority

They alone can catch a PPC out.

BobWaffle

For some reason, Britannia have backed down, before I've even submitted POPLA.

 I got an email:

 "We are writing regarding the above parking charge.

Please be aware the charge has now been cancelled, no further action or payment in required.

Kind Regards

Britannia Parking" 

LDast

You have to ask why the Keeper proverbially threw you under the bus? Have you offended the keeper? Don't they love you any more?

Next time tell the Keeper not to be so hasty in throwing away a perfectly good "golden ticket" by leaving you out in the cold with little to no defence.

idney62

BobWaffle said:

For some reason, Britannia have backed down, before I've even submitted POPLA.

 I got an email:

 "We are writing regarding the above parking charge.

Please be aware the charge has now been cancelled, no further action or payment in required.

Kind Regards

Britannia Parking" 

There was alot pf local backlash from this sudden change and I know of some people who have stopped using the waitrose due to reports of drivers still getting tickets even though they visited the Waitrose car park.  ~It got the attention of local MP and councillors.  I suspect that they have decided not to pursue those that decided to appeal.  The road markings have been updated and now it is very clear that drivers cannot stop.

Nellymoser

Motorists need Govt to act NOW to control the private parking industry's unfair practices.

Please sign the petition linked in the post below, encourage family, friends and work colleagues to do the same. Once your signature is confirmed use the shown link to 'Contact your MP to let them know you have signed this petition'. MP support is needed to force the Govt to act. 🙏

https://forums.moneysavingexpert.com/discussion/comment/81195013/#Comment_81195013

PCN cancelled 🥳