Azure Parking Photographic Evidence ?

looking_forward

ok , would you  be kind enough to view my initial draft of appeal ,  thanks -  see below:

Vehicle Keeper

Notice Reference:

Vehicle Registration Number:

 

To Whom It May Concern,

I, , the Registered Keeper of vehicle, am writing to appeal parking charge notice ----------- issued by the Operator.

1. Signage and Visibility

The signage at the site, particularly at the entrance, is not clearly visible from a moving vehicle, especially during adverse weather conditions like snow at night. It is unclear whether the driver could reasonably have been expected to notice the terms of parking. The wording of the parking terms (‘if unauthorised parking has taken place’) further complicates matters. There is no evidence to prove that the vehicle was parked in contravention of the terms or that the driver was adequately made aware of them before parking.

2. ANPR Evidence

The ANPR footage only shows the vehicle’s entry and exit times, which are insufficient to prove the vehicle was parked in breach of the terms. A parking charge can only be justified if there is evidence that the driver was aware of and accepted the terms of parking, which is not demonstrated through ANPR data alone.

3. Request for Evidence

To substantiate the claim, I request the following evidence:

1.      Photographs showing the location of my vehicle relative to the signage.

2.      Proof that the terms of parking were clearly displayed and visible to the driver, especially at the entrance.

3.      A clear indication of which specific term of parking was allegedly breached.

4.      Any agreements or authorizations between the Operator and the landowner allowing them to issue parking charge notices.

4. Legal Compliance

The Operator must demonstrate compliance with POFA 2012 and the BPA Code of Practice, which require clear signage and sufficient evidence for parking charges to be enforceable. Without such evidence, the charge cannot be justified.

5. Contravention vs. Breach of Contract

The term ‘contravention’ suggests a penalty, not a breach of contract. This distinction calls into question the validity of the charge, as it must be based on a breach of contract, not a mere contravention.

6.As required by Pofa 2012.

There is no direct invitation in the Notice to keeper inviting the keeper to pay the parking charge

 POFA 2012

6. Conclusion

In light of the above points, I respectfully request that this parking charge notice be canceled due to insufficient evidence of a breach of contract. I look forward to your prompt response.

Yours sincerely,

-----------

Registered Keeper

 

Coupon-mad

Nope you don't start: 'To Whom It May Concern'

Why not use the NEWBIES thread? POPLA points are already written there in post 3. You need evidence photos of no entrance sign.

The point about POFA non-compliance looks weak. Is the NTK otherwise compliant?

looking_forward

Ok

Yes ,I have got photos of the entrance area that I will include.

I will have a look at the newbies thread again.
I think other than that the NTK is compliant - I will study again. 
Btw for what it is worth the driver did not leave the car , was making phone calls and trying to fix a loose wiper blade due to the the level of snow coming down- I didn't think there was any point stating that .....

Gr1pr

Definitely no stories,  stick to any winning points, signage,  no landowner authority,  Pofa2012 issues etc

Coupon-mad

Making phone calls and not paying to park is not OK. The driver should have driven out and parked on street where ANPR ticketing isn't allowed.

looking_forward

Fair point.
I have been a bit short on time atm, just to confirm I have 14 days from the rejection notice on 14.1.2025 to appeal to  Popla is that correct ? 

ChirpyChicken

looking_forward said:

Fair point.
I have been a bit short on time atm, just to confirm I have 14 days from the rejection notice on 14.1.2025 to appeal to  Popla is that correct ? 

No it isn't.

looking_forward

ah ok , 28 days to appeal.

Should I do this close to the end of the 28 day period ? 

ChirpyChicken

they say 28 but its actually valid for 33 days
doesnt make any difference do it when ever you want

looking_forward

Ok there is a very basic sign IN one of the entrances but not clearly visible when driving in or from the outside when in a vehicle and then that would depend on which way you entered the area as both ways are possible