Parking Eye PCN: 10 minutes over

snarffie · 25 September 2017 at 2:50PM

8: The ANPR system is neither reliable nor accurate

Don't really know how/if it's worth responding to this

snarffie · 25 September 2017 at 2:55PM

Sorry guys, the query relating to evidence provided by PE to my POPLA appeal starts at post #35!

I can cut and paste any bits from the evidence pack if that's useful

Edit: Just noticed POPLA only allow 2000 characters, so need to reduce roughly in HALF!

Umkomaas · 25 September 2017 at 3:33PM

snarffie wrote: »

5:No evidence of Landowner Authority-the operator is put to strict proof of full compliance with the BPA Code of Practice.

ParkingEye have included in their evidence pack a ‘witness statement,’ but the document has not been signed by the landowner, but rather a managing agent of the site. No evidence has been submitted to confirm that this managing agent has the authority to act on behalf of the landowner, especially with regards to entering into long term contracts with third party companies.

I'd go through each line of the BPA Code of Practice (as below) and pull apart the Witness Statement where it doesn't meet the specific requirement.

7.1 If you do not own the land on which you are carrying out parking management, you must have the written authorisation of the landowner (or their appointed agent).The written con rmation must be given before you can start operating on the land in question and give you the authority to carry out all the aspects of car park management for the site that you are responsible for. In particular, it must say that the landowner (or their appointed agent) requires you to keep to the Code
of Practice and that you have the authority to pursue outstanding parking charges.
If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken.
The written authorisation must also set out:
the boundaries of the land can be clearly de ned
any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation
any conditions or restrictions on the types of vehicles
that may, or may not, be subject to parking control and enforcement
who has the responsibility for putting up and maintaining signs
a the de nition of the land on which you may operate, so that
e the de nition of the services provided by each party to the agreement
Our compliance team are responsible for making sure that you follow the Code. If the team give you reasonable notice, you must allow our appointed manager to inspect the landowner’s written authorisation.

Sorry, formatting is rubbish, so you'll need to have the Code of Practice to hand and quote each sub para number which hasn't reproduced in my copy and paste above.

Coupon-mad · 25 September 2017 at 3:36PM

snarffie wrote: »

8: The ANPR system is neither reliable nor accurate

Don't really know how/if it's worth responding to this

I would leave the ANPR query out of it.

You can email your comments instead but I favour keeping them short, on the Portal at this stage.

Umkomaas · 25 September 2017 at 3:38PM

snarffie wrote: »

Sorry guys, the query relating to evidence provided by PE to my POPLA appeal starts at post #35!

I can cut and paste any bits from the evidence pack if that's useful

Edit: Just noticed POPLA only allow 2000 characters, so need to reduce roughly in HALF!

You can convert to a .pdf file and attach it to an email to POPLA without having to overly cut the number of characters - but don't go writing too much, especially not repeating what you've already put in your original appeal. Make sure you have all your necessary reference numbers showing on the email.

Ask in the email that they confirm receipt, that your comments will be associated with your original appeal and that the assessor will read and analyse them before making a final decision.

If you don't get confirmation, give them a phone call.

snarffie · 25 September 2017 at 3:51PM

Thanks for the guidance guys.

Umkomaas, the website doesn't say I can submit an email, but I assume that this has always been the case and and email submission of response to evidence is ok? Should I submit the email and put a note in the website form to say something along those lines, ie. "Email submitted directly to POPLA".

Coupon-mad, with regards to ANPR, do I just note that no satisfactory evidence has been provided by PE, just so that I note that I'm disputing their submission?

Also, I'm a bit concerned that my response is bloated, particularly if I add the witness statement stuff (which does look justifiable and useful). Just concerned that POPLA might discard as it's all too verbose. Personally, I just think they should stop at Grace period and be done with it!:D

Coupon-mad · 25 September 2017 at 3:59PM

Umkomaas, the website doesn't say I can submit an email, but I assume that this has always been the case and and email submission of response to evidence is ok? Should I submit the email and put a note in the website form to say something along those lines, ie. "Email submitted directly to POPLA".

I've done that loads of times but do keep it succinct, and ask POPLA to confirm back, that these comments will be read by the Assessor and taken into account.

I prefer the Portal for comments, as that's what it's there for and where the Assessor will look. Cut down your submission to the main things.

Coupon-mad, with regards to ANPR, do I just note that no satisfactory evidence has been provided by PE, just so that I note that I'm disputing their submission?

I wouldn't even mention it at all - ANPR has never won a POPLA appeal with this version of POPLA.

snarffie · 25 September 2017 at 4:07PM

Thanks to you both!

snarffie · 25 September 2017 at 4:18PM

I just checked out the witness statement against the BPA CoP, and they seem to have covered every point! Am I missing one, do you think?

Umkomaas · 25 September 2017 at 4:36PM

You must make the point re Para 6 above that this WS has been constructed after the event. It is not the contract and should not be accepted in lieu of the contract, especially given its retrospective nature.

Were there actual signatures on the WS?

No mention on it about PE being authorised to pursue this through the courts (for much later, should the issue arise).

Parking Eye PCN: 10 minutes over

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