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MET parking charge appeal to POPLA

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  • Bladeb0y
    Bladeb0y Posts: 12 Forumite
    That's fantastic feedback, many thanks
  • Fruitcake
    Fruitcake Posts: 58,155
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    edited 26 August 2018 at 8:55AM
    Ian, please delete your post, then read the sticky thread for NEWBIES on the main parking ticket forum page, then post your question if you still need further advice.

    You have hijacked someone else's thread and you will not get any help here. You will get bespoke help on your own thread though, the best there is on the internet.
    Before you start your own thread, make sure you do not post any information about who did what that can identify the driver, unlike your post here.
    Only ever refer to The Driver and The Keeper, who are two different people. ;)

    If you can't delete your post, then delete the text and replace it with something like, posted in wrong place.
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  • Bladeb0y
    Bladeb0y Posts: 12 Forumite
    Many thanks to all for your help. I'll let you know how I get on.
    Cheers
  • MET Parking Services has now uploaded its evidence to the POPLA portal and I have to respond to it within 7 days. MET have uploaded a 41 page pdf which includes a site plan, photos of many of the signs around the car park and proof of landowner authority.
    It also includes two photos of the car, one on entry and one on exit. They have not produced any photos of the car in a parking space.
    On my appeal to POPLA, I also include a witness statement from the passenger of the vehicle who was in the car for the first entry and exit of the car park, stating approximate entry and exit times, as the double dipping is the main grounds of appeal.
    Below is the Operator case summary:
    In XXX appeal to POPLA XXX raises several grounds of appeal: 1. The vehicle made two separate visits to the car park within the 333-minute period. When our appeals team investigated the appeal, the found no evidence to support this claim. The photographic evidence collected by our ANPR system at this location shows that XXX vehicle remained in the car park for 333 minutes. 2. Failure to comply with the Data Protection Act. Whilst we note that this point of appeal is not relevant to the fact that the driver failed to comply with the notified terms and conditions of parking, for the sake of completeness we are confident that our signs meet the appropriate requirements of the Code of Practice and the ICO and are amended in line with the introduction of new legislation or amendments to the Code and ICO guidance from time to time. 3. We have not shown that the individual we are pursuing is the driver. XXX has not provided us with the details of the driver and so we are pursuing XXX as the registered keeper under Schedule 4 of the Protection of Freedoms Act 2012 (POFA 2012). Please see a full explanation of why we may pursue XXX under POFA 2012 in Section C of our evidence pack. 4. Inadequate signage. We are confident that there is a sufficient number of signs in place in this car park and that the signs are prominently displayed and clearly state the terms and conditions of parking. In Section E of our evidence pack we have included images of signs in place and a site plan of the location. It remains the driver’s responsibility to check the signs where they park and comply with the stated terms and conditions. 5. No evidence of landowner Authority. We would refer the assessor to Section E of our evidence pack, where we have included evidence of landowner authority in the form of our contract with the landowner. Commercially sensitive details have been redacted. The terms and conditions of parking are clearly stated on signs prominently displayed around the car park. These included that there is a maximum permitted stay in the car park of 5 hours. The photographic evidence we have provided in section E of our evidence pack demonstrates that XXX vehicle remained in the car park for longer than the maximum permitted stay. In light of the above we believe that the charge was issued correctly, and we believe the appeal should be refused.

    Any advice from here will be gratefully received
    Regards
  • I need to respond by tomorrow, so any input is most welcome
    Many thanks
  • Umkomaas
    Umkomaas Posts: 41,256
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    Draft up your response rebutting anything you disagree with, you want to argue, or aspects MET have got plainly wrong.

    Or were you asking that someone do this for you, given the urgency? Not clear from your post.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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  • KeithP
    KeithP Posts: 37,432
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    Bladeb0y wrote: »
    I need to respond by tomorrow, so any input is most welcome
    Many thanks
    Show us your draft.

    What has happened since 12th Sept?
  • Coupon-mad
    Coupon-mad Posts: 130,634
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    edited 15 September 2018 at 9:26PM
    Send MET a SAR & demand that they interrogate their ANPR data for all times this car as captured at this location that day. If you look on their website for their privacy notice, it might give you the email addy of their Data Protection Officer, who you address a SAR to.

    Search the forum for examples...no asking what a SAR is please.

    And at the same time, comment to POPLA on this section:
    ...grounds of appeal: 1. The vehicle made two separate visits to the car park within the 333-minute period.
    I provided a witness statement (WS) from the passenger who was in the car only for the first visit, and they gave an approx FIRST exit time. POPLA is reminded that a WS is routinely accepted from operators, so the same must apply to appellants, and is evidence in its own right that the PPC must disprove.

    The burden shifted to MET to refute the WS, perhaps by showing a full list of partially-redacted VRNs around the corroborated first exit time, or a full run of redacted ANPR images at the time the passenger confirmed the car FIRST exited, or a zoomed-in ANPR showing how many people were in the car at all times, if they say the passenger is lying (which they are not).

    MET have not supplied any evidence to dispute the WS confirming that the car DID leave earlier, then returned. ANPR is known in a damning BPA article, to default to 'first in last out photos' in double visit cases, so for MET to simply point to those 2 images again, shows no evidence of any 'investigation' and the WS stands.

    Merely bleating: ''When our appeals team investigated the appeal, the found no evidence to support this claim. The photos collected by our ANPR...show that XXX vehicle remained in the car park for 333 minutes'' is not evidence of their claimed 'investigation' so I have sent them a SAR for all images that they DIDN'T show to POPLA, conspicuous by their absence, given the WS.
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  • Thank you coupon-mad. I think you have given me enough guidance to have the confidence to send a strong response.
    Your time and effort is very much appreciated.
    Regards
  • Bladeb0y wrote: »
    Thank you coupon-mad. I think you have given me enough guidance to have the confidence to send a strong response.
    Your time and effort is very much appreciated.
    Regards


    Hi Bladeboy, please can you confirm the outcome of your appeal as we may have to go through a similar process. Many thanks.
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