Azure Parking Photographic Evidence ?

Castle

looking_forward said:

And now almost as if synchronised cue DVLA , Just to confirm there are no photos of vehicle parked:  see below:

All comments gratefully received

Dear Mr

Thank you for your recent correspondence about the release of information from the Driver and Vehicle Licensing Agency’s (DVLA) vehicle register. I have been asked to formally review your case at Step 1 of our complaints procedure.

I have investigated this matter with Azure Parking who made the request to the DVLA for the registered keeper details for Vehicle Registration Number (VRN) and I have had sight of their supporting evidence. They have advised the Parking Charge Notice (PCN) was issued to you due to the vehicle parking for 16 minutes at the site where no parking is permitted, on  January. The PCN was issued to you on 17th January, which is within the PoFA timescale.

Maybe Azure put a false date in their KADOE request?

(After a further "VAR" review, I'd suspect that DVLA has only looked at the second NTK which relates to an alleged "parking event" on 8th January 2025 and not the September 2024 "parking event".)
And just to add; the Photos dated 8th January 2025 shows a vehicle entering at 16.02 and leaving at 16.28, which is 26 minutes and not 16 minutes as claimed by DVLA.

looking_forward

Sorry that seems to have somehow been omitted when I copied it across , it  was 8th, our postal service is pretty poor ATM , the letter from Azure arrived on the afternoon of the 22/1 as I logged the date on top of the letter. 

looking_forward

(After a further "VAR" review, I'd suspect that DVLA has only looked at the second NTK which relates to an alleged "parking event" on 8th January 2025 and not the September 2024 "parking event".)
And just to add; the Photos dated 8th January 2025 shows a vehicle entering at 16.02 and leaving at 16.28, which is 26 minutes and not 16 minutes as claimed by DVLA.

Just to clarify the September event was for another vehicle which is no longer in our possession , since I raised the dates of the NTK we have heard nothing further.

Yes I agree there is an error on the time they have quoted.

I have also requested the complaint at DVLA be escalated to stage 2 as per Coupon-mad's helpful advice

Update : this afternoon the ZZPS  appeal rejection letter arrived. I have copied below:



Thank you for your appeal against the above Parking Charge. We have carefully considered your appeal however after full consideration of all details relating to this Parking Charge your appeal has been rejected.It is the driver’s responsibility to always ensure they are fully aware of and adhere to the Terms and Conditions when parking on private land.
Upon consideration of your appeal, we have concluded that this Parking Charge has been issued correctly. Whilst we can appreciate your comments regarding the signage on site, all signage is approved by the British Parking Association and meets all necessary regulations. We have noted that you mention that the operator has not demonstrated that the vehicle was stopped near a sign, however included in the email sent prior to this response, we have provided you with multiple images of the signage on site, including an entrance sign which is clearly visible and legible when entering the site. These signs are clear, legible and distinct. The signage on site is both prominent and conspicuous to ensure all drivers can clearly recognise and identify the applicable terms and conditions. We appreciate you state the evidence does not show the breach, however ANPR images are adequate to show your vehicle remained on private land for a certain period of time in breach of the Terms. These cameras are located on the entrance and exit to the land. On this occasion, the vehicle remained on site from 16:02 to 16:28 within an area in which no parking is permitted at anytime. The driver has formed a contact with the operator by leaving the vehicle on site and agreed to the Terms and Conditions. It is the responsibility of the driver when parking on private land to read and adhere to the signage on site. If they are unable to do so, they must leave site and find alternative parking. We have noted your comments regarding the Traffic Management Act 2004, however as this is a private Parking Charge, this is not relevant to this Charge, this Charge has been issued in compliance with the British Parking Association code of practice and also the Protections of Freedoms act 2012. We have fully reviewed the photographic evidence of the site provided within your appeal, however we can confirm that we have updated images of this signage on the entrance and it is confirmed as valid and clear. We can confirm we have sent you an email with some further information, this will include a photograph of the entrance sign. After full review and consideration of this appeal, we can confirm the Parking Charge has been issued correctly as the vehicle was parked within a no parking area, therefore your appeal has been rejected on this occasion.For your further information, given The Supreme Court ruling in the case of ParkingEye Limited –v- Beavis (https://www.supremecourt.uk/cases/uksc-2015-0116.html), it is clear that your Parking Charge is wholly valid and fully enforceable through the courts.
You have now reached the end of our internal appeals procedure and therefore you now have various options:
 You can either pay the total amount due as shown above within the next 14 days from the date of this letter. Call us on 01932 918098 Pay securely online at www.PayMyParkingCharge.com 
 Send a payment to the address noted above (please quote the Parking Charge Number on all payments) Please note, a £1.95 handling fee applies to all payment methods.OR; You can appeal to an Independent Appeals Service: POPLA (Parking on Private Land Appeals) IMPORTANT NOTE: Should you decide to appeal to POPLA the option to pay a discounted amount will no longer be available and the full amount of the Parking Charge will become due should you lose or withdraw your appeal.If you decide to appeal to POPLA, you will need to visit their website, www.popla.co.uk; how to appeal (either online or by downloading the relevant forms) can be located via the website. If you are unable to access their website, please call us for further information on how to obtain the forms.
Please ensure that your unique number as noted above is quoted on all correspondence to POPLA. You have 28 days from the date of this letter to exercise this option. Before making your appeal, you should read the guidance notes on the website.
If you appeal to POPLA we will suspend recovery activity on the Parking Charge until the appeal has been determined.
By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.If you do not make payment or appeal, the outstanding Parking Charge will be passed to our appointed debt collection agency for further action and all costs associated with this process will be added to the amount outstanding.
Sent unsigned electronicallyFor and on behalf of the Parking Admin Centre

looking_forward

    How should I address the ZZPS rejection ? 

Coupon-mad

You can ignore ZZPS. Their letters are in the fourth post of the NEWBIES thread.

looking_forward

Coupon-mad - thanks I have taken your excellent advice and requested DVLA move things up.

My appeal has been rejected but I have not had a direct reply to my Azure complaint. 

I have not sent an appeal to Popla yet. Should I do this yet ? 

 

ChirpyChicken

You can if you can be bothered.

Coupon-mad

Yes I'd force Azure through POPLA.

looking_forward

Just starting Popla appeal . A few things to ask - in the pictures they have provided showing a vehicle entering car park it is clear that it is very dark. Unlikely signs would be visible , even if the driver had seen signs which is doubtful the wording states "if" unauthorised parking has taken place - it is clear from the photographic evidence supplied that there isn't actually any proof that this is the case. Also in the Azure NTK there is no direct invitation for  the keeper to pay the the parking charge . I have also read the the £100 parking charge is not a charge but actually a penalty  as the price it is out of proportion with the parking company's losses or costs. The NTK also states there is a notice at the entrance to the site , I have visited the site and there is not , the only time you see the sign is when you are already in the site -  presumably past the ANPR cameras.  

I am getting a bit confused with the best way forward here.   thanks

Coupon-mad

All are worth including except this:

"I have also read the the £100 parking charge is not a charge but actually a penalty  as the price it is out of proportion with the parking company's losses or costs."

No you haven't read that. Not here. That argument died a decade ago!