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Query re: Britannia Parking POPLA Appeal
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sistema
Posts: 2 Newbie
Hi,
A quick summary of the situation:
27 August 2018: Windscreen PCN received on 27 September 2018 from Britannia Parking
21 September 2018: Appeal sent via Britannia's website using the template from the newbie thread
17 October 2018: Appeal rejection letter received from Britannia (dated 15 October 2018)
Situation: A valid parking ticket was purchased and placed on the dashboard for the correct time period. Unfortunately, the ticket was overturned at some point and not displayed the right way up and Britannia have photos indicating this. The ticket has been kept.
My query is: does the appeal rejection letter from Britannia serve as a NTK? To date no other correspondence has been received and day 56 should be 22 October 2018, which is tomorrow. I have posted relevant parts of the rejection letter below and paragraph 6 below states that 'If you fail to provide us with the drivers name and address under POFA 2012 you will become liable for this Parking Charge Notice'.
I will start preparing a POPLA appeal but wanted to check whether No Keeper liability still applies in this case. Thank you for any help and advice.
Excerpt from rejection letter:
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 signage in the car park clearly states that a valid ticket must be displayed on the dashboard of your vehicle. Although a ticket has been provided, it was not displayed as per the terms and conditions.
Britannia Parking is an active member of the British Parking Association (BPA) and we follow their Approved Operators Scheme at all times. We operate 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.
We therefore consider there to be sufficient, clearly visible signage in the car park to draw your attention to the terms and conditions of the parking contract that is on offer. It is the driver's responsibility to ensure they have read the terms and conditions. By leaving your vehicle in the car park without displaying a valid ticket you have broken the terms and conditions, and consequently we consider the Parking Charge Notice to be valid and correctly issued.
In regards to the comments made on Watchdog, this was in relation a ANPR camera technology, which is not relevant in your case as your Parking Charge Notice was issued at a patrolled site by a car park attendant.
The driver would of been aware of the Parking Charge Notice as it would of been attached to the windscreen on their return. If you fail to provide us with the drivers name and address under POFA 2012 you will become liable for this Parking Charge Notice.
You have now reached the end of our internal appeals procedure.
End of excerpt
A quick summary of the situation:
27 August 2018: Windscreen PCN received on 27 September 2018 from Britannia Parking
21 September 2018: Appeal sent via Britannia's website using the template from the newbie thread
17 October 2018: Appeal rejection letter received from Britannia (dated 15 October 2018)
Situation: A valid parking ticket was purchased and placed on the dashboard for the correct time period. Unfortunately, the ticket was overturned at some point and not displayed the right way up and Britannia have photos indicating this. The ticket has been kept.
My query is: does the appeal rejection letter from Britannia serve as a NTK? To date no other correspondence has been received and day 56 should be 22 October 2018, which is tomorrow. I have posted relevant parts of the rejection letter below and paragraph 6 below states that 'If you fail to provide us with the drivers name and address under POFA 2012 you will become liable for this Parking Charge Notice'.
I will start preparing a POPLA appeal but wanted to check whether No Keeper liability still applies in this case. Thank you for any help and advice.
Excerpt from rejection letter:
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 signage in the car park clearly states that a valid ticket must be displayed on the dashboard of your vehicle. Although a ticket has been provided, it was not displayed as per the terms and conditions.
Britannia Parking is an active member of the British Parking Association (BPA) and we follow their Approved Operators Scheme at all times. We operate 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.
We therefore consider there to be sufficient, clearly visible signage in the car park to draw your attention to the terms and conditions of the parking contract that is on offer. It is the driver's responsibility to ensure they have read the terms and conditions. By leaving your vehicle in the car park without displaying a valid ticket you have broken the terms and conditions, and consequently we consider the Parking Charge Notice to be valid and correctly issued.
In regards to the comments made on Watchdog, this was in relation a ANPR camera technology, which is not relevant in your case as your Parking Charge Notice was issued at a patrolled site by a car park attendant.
The driver would of been aware of the Parking Charge Notice as it would of been attached to the windscreen on their return. If you fail to provide us with the drivers name and address under POFA 2012 you will become liable for this Parking Charge Notice.
You have now reached the end of our internal appeals procedure.
End of excerpt
0
Comments
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My query is: does the appeal rejection letter from Britannia serve as a NTK?
What communication did you receive on 27 September? These dates would, at face value, seem to correspond with the issue of a NtK (between days 28 and 56 after the parking event on 27 Aug). Do you still have that particular letter?27 August 2018: Windscreen PCN received on 27 September 2018Please 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.Private Parking Firms - Killing the High Street0 -
The driver would of been aware of the
Did they actually say that or have you mistyped it? If they cannot use correct English grammar, what chance do they stand interpreting the rules/regulations/terms/conditions and maybe even the law?0 -
under POFA2012 the PPC has , repeat HAS to send an NTK in the post between day 29 and day 59 following a windscreen ticket
failure to do so means they failed POFA2012 and the rejection notice is NOT a NTK
even after 6 years these companies cannor interpret the law correctly , so they lose on a technicality0 -
Thanks for your replies.
Unkomaas - sorry, my mistake. the first windscreen PCN was received on 27 August 2018. So the dates in my post should have read:
27 August 2018: Windscreen PCN received from Britannia Parking
21 September 2018: Appeal sent via Britannia's website using the template from the newbie thread
17 October 2018: Appeal rejection letter received from Britannia (dated 15 October 2018)
The only communication has been the rejection letter from Britannia.
Le_Kirk, I typed the letter in as written. Those lines were not my errors! The phrase 'would of' was used twice in the same sentence.
Redx, thanks for answering my query. A dumb question: will a NTK actually have the title NOTICE TO KEEPER somewhere in the letter?
I will draft my POPLA appeal and use No Keeper liability as the first point.
Thank you!0 -
Not necessarily - it's the remedial class we're dealing with. It's now 6 years since the introduction of PoFA, yet more than half the PPC cohort have no idea what it's all about. Neanderthal.will a NTK actually have the title NOTICE TO KEEPER somewhere in the letter?
Just make sure that day 56 goes by before submitting your POPLA Appeal - as long as your POPLA deadline isn't compromised.I will draft my POPLA appeal and use No Keeper liability as the first point.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.Private Parking Firms - Killing the High Street0 -
as above, it may do , it may not, but it MUST comply with POFA2012 , meaning they MUST have got the DVLA details for the keeper and issued it to the keeper, with the correct POFA2012 warnings, within the timescale I mentioned
it may say its a Notice To Keeper, it may not, but it MUST comply with POFA2012 if they wish to hold a keeper liable
so as mentioned above, ensure that day 56 has passed before a POPLA submission appeal , PROVIDING that the 33 day POPLA deadline has not passed , so those deadline dates are important
no keeper liability, driver not identified , etc will be the inistai appeal points , followed by no landowner authority , signage , any BPA CoP failures etc
perhaps when the government CoP becomes law, we may find they have to have the same forms with correct wording, they may insist on it being called PPN or Private Parking Notice, for example, or state that it is a Notice To Keeper (NTK)
but thats maybe next year, not now0
This discussion has been closed.
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