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Britannia Parking Charge Notice Canvey Island, Threads merged
catintheoffice
post Fri, 31 Aug 2018 - 08:51
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Hi,

Wonder if you can help?? We were on holiday, popped into canvey island for an hour, quick walk around the seafront, popped into the fair for the little one and off we went. Got home to a parking charge notice from Brittania with the contravention 'failed to validate stay or make valid payment'. So we only paid an hour, but we were captured on camera entering/exiting totalling a period of 1hour 20 mins. Made an inital appeal using a template from the moneysavingexpert forum, (obviously not stating who the driver was) which has been rejected.

I've written a popla appeal and wanted to run it by you. As I can't remember what the signage was like, don't have the ticket we bought, or any other evidence, the only thing I feel we can appeal on is the grace period and ANPR system. POFA 2012 is included in the parking charge notice as iis informtaion on the creditor managing the site.

What do you think...

Thanks for any advice.



POPLA Ref No XXXXX
Vehicle Registration Number XXXXXX

I, the registered keeper of the stated vehicle received a Parking Charge Notice from Britannia Parking for a parking contravention of failing to validate stay or make valid payment on XXXXXX. The entry and exit times were captured by their cameras at the entrance and exit of the car park and have such been taken as the times 'parked', therefore the 'stay' was longer than the 1hr parking paid for.

As the registered keeper of the vehicle I would like to appeal to you on the following grounds:

1. The minimum grace period was not allowed by the operator:
The vehicle entered the car park at (1hour and 19 minutes length of stay)
British Parking Association Code of Practice 13.1 – 13.4 states:

13 Grace periods
13.1 Your approach to parking management must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period without
having their vehicle issued with a parking charge notice.

13.2 You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still
allow them a grace period to read your signs and leave before you take enforcement action.

13.3 You should be prepared to tell us the specific grace period at a site if our compliance team or our agents ask what it is.

13.4 You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end
of the parking period should be a minimum of 10 minutes.

The camera captured the vehicle at the entrance/exit, not inside the car park and therefore cannot state the exact times the vehicle was parked, therefore how can they possible prove the time the vehicle was 'parked'?

I would like to add that the car park is in a terrible state of repair and that makes it difficult to find a space and park safely, especially as it was full on the day in question and also avoiding potholes which could damage the vehicle and large puddles.

2. Also Britannia Parking have provided no evidence that the ANPR system is reliable. The operator is obliged to ensure their ANPR equipment is maintained as described in paragraph 21.3 of the British Parking Association's Approved Operator Scheme Code of Practice.

I require the Operator to present records as to the dates and times of when the cameras at this car park were checked, adjusted, calibrated, synchronised with the timer which stamps the photos and generally maintained to ensure the accuracy of the dates and times of any ANPR images. This is important because the entirety of the charge is founded on two images purporting to show the vehicle entering and exiting at specific times. It is vital that this Operator must produce evidence in response to these points and explain to POPLA how their system differs (if at all) from the flawed ANPR system which was wholly responsible for the court loss by the Operator in Parking Eye v Fox-Jones on 8 Nov 2013. That case was dismissed when the judge said the evidence from the Operator was 'fundamentally flawed' as the synchronisation of the camera pictures with the timer had been called into question and the operator could not rebut the point.

Britannia Parking has not provided any evidence to show that their system is reliable, accurate or maintained. I request that you uphold my appeal based on this.



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post Fri, 31 Aug 2018 - 08:51
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nosferatu1001
post Mon, 5 Nov 2018 - 23:18
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Well, no. Of course not.

What rebuttal did you write, as told?

The assessor entirely ignored time on site not being time parked.
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catintheoffice
post Wed, 7 Nov 2018 - 21:47
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To be honest, I can't remember. Not much, I wasn't sure what to write!

I reiterated my points mainly. They seemed to have everything covered and some of the stuff in the 'winning popla appeals' seemed out of date.

Should I wait for a court order and fight it there? They seem quite determined to get their money.

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nosferatu1001
post Thu, 8 Nov 2018 - 09:45
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Well we didnt know either, but there are plenty of threads with POPLA comment stage which would have given you an idea .

Have you looked how often Britannia take people to court? It isnt often...
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