Britannia Parking - no time stamp on photo evidence

rockwing

I recently received a fine for a Britannia Parking site. It used to be free after 6pm, but it has changed this year to include "overnight parking" which I didn't realise. I parked for 40 minutes, and accept that I am at fault.

However, the evidence that they have is a photo of my car entering and leaving the car park, and they have included timings separately (ie, the photos are not time-stamped) which in my opinion does not feel like "evidence", as effectively I could have driven in & out within 30 seconds.

Is there any grounds for this, or should I just suck it up and pay the fine before 14 days?

Coupon-mad

No paying and you are not at fault.

Do two things to win this at POPLA:

• Go and get pics in similar light/time of evening, of the ENTRANCE. You want to prove that they have breached the Code of Practice about putting up additional warning signs - a 'change of terms alert' to tell drivers who are familiar with the old rules, that things have changed. The CoP says the extra warning signs must be there for at least 4 months (I'm personally proud of that clause, it was me who lobbied the BSI and MHCLG to put it at more than just 3 months/a season);
• compare the words on your NTK with my 'NTK pictures' thread. Please don't show us the NTK and ask us to tell you (that's a real bugbear). It is easy. We want you to tell us: is it a non-POFA worded one?

James_Poisson

There is no "fine" you have an invoice from a private company claiming you owe them money.

I suspect the "photos" you say they have are actually ANPR screen grabs from their system, but the NTK should tell you that.

If "it used to be free after 6PM" when did the change happen are there signs telling you of this change in material circumstances, the Joint COP that they must work to states:

3.4. Material changes – notices

Where there is any material change to any pre-existing terms and conditions that would not
be immediately apparent to a driver entering controlled land that is or has been open for
public parking, the parking operator must place additional (temporary) notices at the site
entrance for a period of not less than 4 months from the date of the change making it clear
that new terms and conditions/charges apply, such that regular visitors who might be
familiar with the old terms do not inadvertently incur parking charges.

NOTE: Examples of material changes can include introduction of parking enforcement
where none has previously applied, introduction of time-limited free parking, or reductions
in the time limit within which free parking is available. Given the need to avoid confusion
and clutter at entrances the test is whether the fact that a change has been made is clearly
signalled to drivers on entering the land and the nature of the change is clearly displayed
thereafter – it may also be necessary to install repeater notices depending on the scale of
the premises.

https://www.britishparking.co.uk/write/Documents/AOS/Sector%20Code%20Templates/sectorsingleCodeofPracticeVersion1.1130426-2.pdf

rockwing

The only issue with the change in timings is that it's been over 9 months since I used that car park.

James_Poisson

https://forums.moneysavingexpert.com/discussion/comment/82024640#Comment_82024640

That doesn't matter and anyway you don't volunteer that information, it is still the operator's responsibility to conform to their ATA's COP.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82024640#Comment_82024640

Doesn't matter.

Do the two things I said. Don't show us the NTK, we want you to tell us if it matches my pics of a POFA worded one or the non-POFA shorter version.