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  • FIRST POST
    • bergkamp
    • By bergkamp 13th Apr 18, 4:32 PM
    • 178Posts
    • 313Thanks
    bergkamp
    POPLA accept ParkingEye witness statement.
    • #1
    • 13th Apr 18, 4:32 PM
    POPLA accept ParkingEye witness statement. 13th Apr 18 at 4:32 PM
    One point appeal on landowner authority.

    Decision Unsuccessful

    Assessor Name Jamie Macrae

    Assessor summary of operator case

    The operator issued a Parking Charge Notice (PCN) to the appellant due to remaining at the car park for longer than the stay authorised or without authorisation.

    Assessor summary of your case

    The appellant has questioned whether the operator has authority from the landowner to operate on the land in question.

    Assessor supporting rational for decision

    The signage at the site states “1 ½ hour max stay. Aldi Customers Only. For use only whilst shopping in store. Failure to comply with the terms and conditions will result in a Parking Charge of £70”. Having reviewed the photographic evidence provided by the operator, I am satisfied there are sufficient signs placed at the entrance and throughout the site displaying the terms and conditions offered with a helpline number to use if a motorist needs assistance. The operator uses cameras to capture the registration number of cars entering and exiting the car park. I have checked the photographs, and I can see from the timestamp the vehicle was at the car park for two hours 57 minutes, which is one hour 27 minutes longer than permitted. The operator issued a PCN to the appellant due to remaining at the car park for longer than the stay authorised or without authorisation.

    The appellant has questioned whether the operator has authority from the landowner to operate on the land in question.


    As the driver is unknown, I must consider the Protection of Freedoms Act (PoFA) 2012. If a Parking Operator seeks to transfer liability to the registered keeper, it must ensure it does so in accordance with the requirements of PoFA 2012. Having reviewed the operators evidence, I am satisfied the provisions of PoFA 2012 have been complied with to transfer the liability to the registered keeper.
    Within Section 7 of the British Parking Association (BPA) Code of Practice, it requires parking operators to have the written authority from the landowner to operate on the land. As such, I must consider whether the Operator has met the requirements of this section of the BPA Code of Practice.

    The operator have provided a witness statement signed on behalf of the landowner confirming they have authority to operate on the land, due to this despite the appellant’s comments I am satisfied the operator does indeed have authority to operate on the land in question.
    It is the duty of the motorist to ensure that when they have entered a car park that they have understood the terms and conditions before deciding to park. On this occasion by remaining parked at the site the appellant accepted the terms and conditions. As they exceeded the maximum parking time allowed, they did not adhere to the terms and conditions. As such, I conclude that the operator issued the PCN correctly.

    Will update with appeal text and rebuttal later.
Page 1
    • The Deep
    • By The Deep 13th Apr 18, 6:35 PM
    • 9,203 Posts
    • 8,967 Thanks
    The Deep
    • #2
    • 13th Apr 18, 6:35 PM
    • #2
    • 13th Apr 18, 6:35 PM

    The operator have provided a witness statement signed on behalf of the landowner


    By whom?
    You never know how far you can go until you go too far.
    • bergkamp
    • By bergkamp 13th Apr 18, 10:35 PM
    • 178 Posts
    • 313 Thanks
    bergkamp
    • #3
    • 13th Apr 18, 10:35 PM
    • #3
    • 13th Apr 18, 10:35 PM
    POPLA appeal;


    https://www.dropbox.com/s/8pvfvs6b7ptw2o0/POPLARef-%206060648102%20%20%20%20%20%20%20No%20evidence%20 of%20Landowner%20Authority.pdf?dl=0


    My response;


    https://www.dropbox.com/s/15764k2jswor479/POPLA%20Verification%20Code%20%206060648102.pdf?dl =0


    PE Witness statement;


    https://www.dropbox.com/s/hd71mv6vuwzxlnh/pewitstatement.jpg?dl=0
    • Half_way
    • By Half_way 13th Apr 18, 11:16 PM
    • 4,116 Posts
    • 5,844 Thanks
    Half_way
    • #4
    • 13th Apr 18, 11:16 PM
    • #4
    • 13th Apr 18, 11:16 PM
    Would be interesting to see one of these at an ALDI site where planning conditions demand unrestricted parking so that people can visit the local facilities ( ie other shops)
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • Umkomaas
    • By Umkomaas 14th Apr 18, 8:28 AM
    • 17,570 Posts
    • 27,759 Thanks
    Umkomaas
    • #5
    • 14th Apr 18, 8:28 AM
    • #5
    • 14th Apr 18, 8:28 AM
    Would be interesting to see one of these at an ALDI site where planning conditions demand unrestricted parking so that people can visit the local facilities ( ie other shops)
    Originally posted by Half_way
    Worth following through with the local planning department.
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