Azure Parking Photographic Evidence ?

Coupon-mad

Is there NO SIGN in the entrance that doesn't have Leaders?

looking_forward

I need to revisit (which I should be able to do this weekend) but I do not think so , if there is it is a very recent addition as not on google images either.

Coupon-mad

looking_forward said:

I need to revisit (which I should be able to do this weekend) but I do not think so , if there is it is a very recent addition as not on google images either.

Good to get evidence to win at POPLA and shut a certain someone up.

looking_forward

Ok here are up to date pictures of the 2 entrances or exits , taken yesterday evening.
They were taken by a passenger so potentially visibility would be even more restricted for the driver. It looks like one has been added in the last few months.

The signs are not particularly explicit in nature and surely if they really intended to get the message across they should have actually put on the entrance. 

Coupon-mad

I'd use the second image only, as there's no lighting. Plus your daylight pic from Google Streetview (only the one with Leaders).

Base your first POPLA point around those two images and say the driver could not have seen any signs, let alone entered into a contract.

looking_forward

Below is my attempt , feel free to critique , 

TIA

Notice Reference:

Vehicle Registration Number: 

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 entrance to the site is not on the entrance but tucked away on the inside wall in smallish print not explicit and not visible from a moving vehicle especially during adverse weather conditions like snow at night – no lighting on sign..  The wording is unclear and the driver could not reasonably have been expected to notice this sign from a moving vehicle at night, let alone enter into a contract (even the info retrospectively viewed on the sign does not infer that) .

2. ANPR Evidence

The ANPR footage only barely 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. 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..

3. Request for Evidence

To substantiate the claim, I request the following evidence:

1.      Photographs showing the location of the vehicle relative to signage displayed parking terms.

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

In light of the above points, I respectfully request that this parking charge notice be cancelled due to the above points.

Yours sincerely,

-----------

Registered Keeper

 

 

looking_forward

btw the below arrived today ....

Gr1pr

Ignore ZZPS, powerless debt collectors,  concentrate on the popla appeal 

looking_forward

Yep , on page before. thanks 

Coupon-mad

Remove 2, 4 and 5.

Add the metadata to your photo, obviously it's not evidence without a time & date. You can do that by simply screen-shotting your pic.

Why haven't you used the guidance about POPLA in the Newbies thread?  The only point you should have written from scratch was your first point about no visible signs in the dark. The rest is already there in the third post of the NEWBIES.