Brittania parking - Appeal Response - Please help?

samsto · 5 July 2019 at 6:45PM

I received a PCN for parking for 27 minutes in an ANPR controlled car park.

Do you think it is a reasonable grace period for a busy car park with no limited spaces?

Do you think I should appeal to POPLA?

I used the template on the newbie thread to appeal.

I didn't identify the driver in the appeal, but I'm a bit confused about the next course of action.

I was just posting this here incase it helps anyone or if anyone can help me structure my POPLA appeal.

Do you think that it is a good or bad idea to appeal?

I don't know what to do next!

Please help! :think:

Re: Parking Charge Notice Number ******* (Vehicle: ******)

Site: Plymouth

Issue date: 30/05/2019

**********- Your POPLA verification code

Thank you for your appeal received on 11/06/2019 regarding the above Parking Charge Notice.

We have reviewed the case and considered the comments that you have made. This appeal has been considered in conjunction with the photographs and any evidence provided. Our records show that the notice was correctly issued as your vehicle was parked in breach of the Terms and Conditions of the Car Park.

The Parking Charge Notice was issued to the vehicle because a valid ticket was not purchased. It is the driver's responsibility to ensure that they have read and understood the terms and conditions for using the car park.

Britannia Parking is an active member of the British Parking Association (BPA) and we follow their Approved Operators Scheme, Code of Practice at all times. We meet all the requirements for our signage as advised under section 18 and 19 for England and Wales or Section 28 for Scotland, of the BPA's Code of Practice regarding signage and notifying the driver of the terms and conditions.

Section 13 - Grace Periods, details that you have 10 minutes grace period on arrival to purchase a valid ticket. If the driver has not purchased a ticket within the 10 minute grace period, a Parking Charge

Notice will be issued, as the driver has breached the terms and conditions of the car park.
Therefore we consider there to be sufficient, clearly visible signage in the car park to draw your attention to the terms and condition of the parking contract that is on offer. By leaving your vehicle in the car park without a valid ticket you have broken the terms and conditions and therefore we believe the Parking Charge Notice to be valid and correctly issued.

Please be aware this PCN is not POFA compliant, however, payment can still be sought under the old ‘implied-contract-with-the-driver’ rules used prior to POFA.

Under Contract Law there is a probability that the Keeper was the Driver if the Keeper does not nominate anyone else.

Britannia Parking have made no assumptions as to the identity of the driver. We have written to you as the vehicle’s keeper to inform you of any outstanding contraventions against your vehicle. If you inform us of the driver’s details we will pursue them for the Parking Charge Notice. Please be aware that the identity of the driver does not affect the validity of a PCN.

You have now reached the end of our internal appeals procedure.

You now have a number of options from which to choose:-

1 Pay the Parking Charge Notice at the discounted rate for a further 14 days. Please note that after this time the discounted rate will no longer apply and the full Parking Charge Notice amount will then be due within 14 days.

2 If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you.

3 Make an appeal to POPLA - The Independent Appeals service. Please note that if you wish to appeal to POPLA, you will lose the right to pay the Parking Charge Notice at the discounted rate, and should POPLA's decision not go in your favour you will be required to pay the full amount. If you opt to pay the Parking Charge Notice you will be unable to appeal to POPLA.

You must submit an appeal to POPLA within 28 days from the date of this outcome letter, by submitting an online case at LINK Your POPLA verification code is ********.

By law we are also required to inform you that Ombudsman Services *LINK* provides an alternative dispute resolution service that would be competent to deal with your appeal.

However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.

How to Pay:

Internet: Visit LINK and follow the onscreen instructions. Please have your parking charge Notice number and payment card details ready.

By Phone: Call 0345 5 555888 option 2.

By Post: Make your cheque or postal order payable to Britannia Parking
Yours sincerely,
Appeals Department
Britannia Parking

Redx · 5 July 2019 at 7:09PM

No it's not, 10 minutes is the accepted time

Any further appeal will be won on a technicality only

Egbert_Nobacon · 5 July 2019 at 10:51PM

They state in their refusal that they are not using POFA so can only pursue the driver.

Go to advanced search using keywords Non POFA POPLA appeals and change search results from threads to posts.

You should get some ideas there.

HTH

waamo · 5 July 2019 at 11:03PM

This should be a slam dunk win. By their own admission they are not using POFA. If the driver cannot be identified no assumption can be made.

Coupon-mad · 6 July 2019 at 1:18AM

Please be aware this PCN is not POFA compliant,

Hilarious! The OP wins!

The_Deep · 6 July 2019 at 9:02AM

They are wasting your time, now waste their

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

beamerguy · 6 July 2019 at 9:21AM

waamo wrote: »

This should be a slam dunk win. By their own admission they are not using POFA. If the driver cannot be identified no assumption can be made.

You know Waamo, there are a few cogs missing with this lot

MistyZ · 6 July 2019 at 10:26AM

samsto wrote: »

Do you think I should appeal to POPLA?

I think you've got your answer samsto. In fact if you don't a lot of people here will be sobbing with frustration!

Have you found some suitable POPLA appeals to use / adapt? It's all about that non-POFA section really, but throw it all at 'em.

Does anyone know why a PPC that usually issues POFA compliant PCNs suddenly issues some that aren't? Can it really be that they are simply using up old ones?!

waamo · 21 July 2019 at 6:29PM

As you posted a new thread I will resurrect your original one.

Here is a none POFA appeal you can use as a template https://forums.moneysavingexpert.com/showpost.php?p=72988276&postcount=45

Make sure you read it and change the relevant sections. Your appeal is even easier as by their own admission they don't use POFA.

samsto · 22 July 2019 at 4:39PM

waamo wrote: »

As you posted a new thread I will resurrect your original one.

Here is a none POFA appeal you can use as a template *LINK*

Make sure you read it and change the relevant sections. Your appeal is even easier as by their own admission they don't use POFA.

Thanks you very much waamo!

Which points do you reccomend appealing on?

The appeal you linked has the following points:

"As the registered keeper I wish to refute these charges on the following grounds:
1) The Notice to Keeper does not comply with sub-paragraph 9 (2 & 5)

2) The operator failure to adhere to the British Parking Associations (BPA) Code of Practice Grace’ Periods.

3) Britannia Parking lacks proprietary interest in the land and does not have the capacity to offer contracts or to bring a claim for trespass.

4) Signage does not comply with the BPA Code of Practice and was not prominent enough to form any contract with a driver."

I'm not sure the Grace period point will help my case as the overstay was for far over 10 minutes.

Please could you point me towards the right information; I'm quite confused as to what to include in my appeal and my code doesn't last for much longer! :eek:

waamo · 23 July 2019 at 8:24PM

samsto wrote: »

Thanks you very much waamo!

Which points do you reccomend appealing on?

The appeal you linked has the following points:

I'm not sure the Grace period point will help my case as the overstay was for far over 10 minutes.

Please could you point me towards the right information; I'm quite confused as to what to include in my appeal and my code doesn't last for much longer! :eek:

You need the non POFA compliance section mostly. In the post I linked it's point one. All you need to do is insert in there that the operator admits they do not use POFA. Bingo

Brittania parking - Appeal Response - Please help?

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