Premier Park PCN - Update, POPLA success

littlepinkbiscuits

Hello,

I have had a look through threads here and hope someone can point me in the right direction as there is a lot of useful information but I'm finding it all confusing.  I am at POPLA appeal stage but this has to be submitted within the next couple of days, I am not sure what my grounds for appeal are.  

Driver drove on to a pub car park and stayed for 20 minutes, didn't realise that even though the pub was closed they had recently installed ANPR parking.  Signs weren't visible from the car on entry due to angle, and also whilst parked up due to height, I am not sure if this is a defence.  As one passenger got out to stretch legs they noticed a sign, and at that point the vehicle left quickly. (EDIT: after leaving the site an attempt was made to download the app, but this took a while, and then we realised there was no location code on the sign nearest to where we were parked.) 

 I have been advised elsewhere that the signage may not be POFA compliant, but that avenue of help is no longer available to me. 

If anyone can advise what documents you need to look at to advise as to what my best line of defence would be, that would be helpful, thank you.

littlepinkbiscuits

Here is the original parking invoice

[img]hxxps://i.imgur.com/NdEkdWd.jpeg[/img]

and the back, if that is any use

[img]hxxps://i.imgur.com/xpjljnF.jpeg[/img]

Here is the view on the approach to the car park

 [img]hxxps://i.imgur.com/sYyMsh3.jpeg[/img]

Signage near the parking space, although very high up

[img]hxxps://i.imgur.com/iZs5ZoG.jpeg[/img]

I have amended the links as per instructions on the newbies thread, hope that is correct!

Gr1pr

Live link to pcn  https://imgur.com/NdEkdWd  and sign  https://imgur.com/iZs5ZoG

Whilst the NTK PCN letter tries to comply with Pofa 2012 , I see no invitation for the keeper to pay 

Pofa2012 compliance tries to transfer liability from the driver to the keeper,  nothing to do with the signage 

The latest BPA CoP gives guidance on signage 

Clearly Premier Park would say that the consideration period of 5 or 10 minutes was exceeded at 20 minutes on site 

Complying with the parking rules would likely be an impossible task if the pub was closed,  we see quite a few honeytrap sites like this on here. Their stance would be that the driver should have paid via some app called  Sippi
( never heard of it   )

littlepinkbiscuits

Thank you for your reply. 

 Yes, the app was Sippi, a passenger was unable to download the app just off site, it loaded later in the day when it wasn't possible to pay retrospectively anyway. 

Is there a standard wording to use in this case please? we have already received the follow up letter and threat of the 'fine' rising to £170 and sending debt collectors.

Gr1pr

There is no standard wording for a popla appeal,  a popla appeal is bespoke 

My thoughts are that the driver tried to comply with the signs, but failed,  so left,  unable to form the parking contract 

Popla may well state that the pcn was correctly issued,  due to the non payment by Sippi app

Most winning popla appeals are due to poor and inadequate signage,  no landowner authority,  pofa , no keeper liability, driver not identified,  or a BPA CoP failure etc

My advice,  if you are going to appeal to popla,  is to study recent cases in the Popla decisions sticky thread in announcements,  looking at the appeals and the decisions , so you get a flavour of them. Get the gist

Stick to the main points, not what happened,  stories dont win at popla, legal arguments win ( a court hearing may be more sympathetic   )

littlepinkbiscuits

Thank you.

Can you explain what you mean by no invitation for the keeper to pay please?

Does anyone know if ANPR cameras require planning permission on private land?

Coupon-mad

littlepinkbiscuits said:

Thank you.

Can you explain what you mean by no invitation for the keeper to pay please?

It's a very tenuous wording observation about the NTK with no legs in court or at POPLA ... so forget that and don't even try POPLA.

Does anyone know if ANPR cameras require planning permission on private land?

Doesn't matter. POPLA don't consider that.

Just do nothing. Do not pay.

Don't engage and please don't show us any of the tedious £170 threatograms shown in the 4th post of the NEWBIES FAQS thread.

You don't have a fine. It's an invoice. Ignore. Tell them if you move house but that's just common sense because obviously you need to open each letter to be sure it's not a LBC or claim form.

Come back if you get a claim form.

Please change your thread title as POPLA just isn't a valid option,

littlepinkbiscuits

I would just like to update this thread as the registered keeper appealed to POPLA based on lack of signage at one of the two entrances (the one the driver accessed the car park by) and the appeal has been upheld by the POPLA assessor.  

littlepinkbiscuits

This is the POPLA decision

Decision

Successful

Assessor Name

Spencer Lawrence

Assessor summary of operator case

The operator has issued the Parking Charge Notice (PCN) as the parking session expired on was unpaid.

Assessor summary of your case

The appellant has provided a detailed account of events. For the purpose of my report, I have summarised the grounds into the following points and have checked each point before coming to my conclusion. The appellant states that: • The signage is not compliant with the Protection of Freedoms Act (POFA) 2012 as the operator is not displaying a geographical address under The Companies (Trading Disclosures) Regulations 2008. • The signage at the entrance is poorly displayed. • The signage was not clear. • There is no planning permission for the erection of cameras, poles and signage. The appellant has commented on the operator’s evidence reiterating the grounds made in their initial statement. Additionally, they state that: • The signage at the eastern entrance is not prominent, the operator has only provided evidence of the entrance signs from the western entrance. • Social media has shown several instances where drivers have received similar charges. The appellant has provided the following evidence to support their appeal: • Image of entrance. • Close up of sign. • Image of sign.

Assessor supporting rational for decision

I am allowing the appeal for the reasons outlined below: When an appeal comes to POPLA the burden of proof begins with the operator to evidence that the PCN has been issued correctly. In this case the operator has issued the PCN to the driver as the parking session expired on was unpaid. In their grounds the appellant has disputed that there was clear and compliant signage alerting them to the terms and that the terms were not made clear on entry. Whilst I acknowledge that the appellant has raised other grounds of appeal and evidence, my report will focus solely on the signage as this supersedes all other aspects of the appeal. The Private Parking Sector Single Code of Practice (The Code) sets the standards its parking operators need to comply with. Section 3.1.1 of the Single Code of Practice states that there must be an entrance sign displayed and maintained at the entrance to the site, to inform drivers whether parking is permitted subject to terms and conditions or prohibited. It is the duty of the operator to fully rebut the appellant’s grounds. As the appellant has queried the signage on site, the onus is on the operator to prove that there was an entrance sign on site that directed the appellant to the further terms and conditions prior to the parking event and is legible. Section 3.1.1 (a) & (b) states that there may be circumstances where an entrance sign is impractical, but I do not believe this site falls under these categories. The appellant has advised that there were two entrances to the site and that the entrance they used did not have an entrance sign – the operator’s site map confirms there are two entrances. The operator has provided evidence of entrance signage in situ however, this is for the western entrance and not the eastern entrance where the driver entered, as confirmed in the ANPR images. The operator has therefore provided no images of entrance signage in situ for this entrance. Though I note that from the ANPR images there is certainly a sign affixed to the same pole as the exit sign, I cannot see what this states and whether it complies with the requirements of entrance signage with all the necessary information. Based on the evidence provided to me, I am unable to determine whether the operator has complied with Section 3.1.1 to rebut the appellant’s grounds. I therefore cannot be sure that there was any clear and compliant entrance signage in situ on the day the driver parked at the entrance to the site they used. As such I cannot conclude that the PCN has been issued correctly, and I must allow the appeal.