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Britannia Parking NTK - Worth Appealing?
Jetl3on
post Tue, 2 Oct 2018 - 13:29
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The driver Parked in this pub car park, turns out BritPark took over few months ago with ANPR. Only thing the driver can spot, it was dark, signs are not illuminated. There is a P sign right hand side of entrance. The camera used to take these photos enhances the image, its much darker than that to the naked eye.

Top of letter states: PARKING CHARGE NOTICE - NOTICE TO KEEPER.

Any suggestions appreciated.

Jet









This post has been edited by Jetl3on: Tue, 2 Oct 2018 - 19:56
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post Tue, 2 Oct 2018 - 13:29
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Jetl3on
post Fri, 12 Oct 2018 - 14:13
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QUOTE (nosferatu1001 @ Fri, 12 Oct 2018 - 10:15) *
"3. POFA 9.(2)(a) ……specify the relevant land on which it was parked.
• There are no visible signs on entry specifying the relevant land where the alleged contravention occurred.
• Photographic evidence provided"

What on earth does that have to do with POFA? Nothing.
The NTK must specificy the relevant land
Not the signage.


Why on earth have you mentioned the RTA, then actually said nothing further baout it? Waffle.


Appreciate all feedback, and I don't mean to be rude, but is it necessary to respond in such a condescending manner? This is not my area of expertise, I have clearly misunderstood or incorrectly interpreted something, you know what you are talking about so I appreciate the pointers, but please do so in a constructive and courteous manner.

This post has been edited by Jetl3on: Fri, 12 Oct 2018 - 14:16
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Jetl3on
post Fri, 12 Oct 2018 - 15:01
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Taking onboard your comments, how about this Mr Nosferatu,


I am writing to formally challenge the above Parking Charge Notice. My vehicle was issued with a Parking Charge Notice for the reason of FAILING TO MAKE A VALID PAYMENT

My challenge is on the basis that the contravention did not occur for the following reasons:

Protection of Freedom Act 2012

9 (1): A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met. (2)The notice must specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates.

• The PCN is not compliant as it does not specify the period of parking.

9 (1)(2) C: Describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;

• The PCN is not compliant as it does not describe the charges due at the end of that period


BPA Approved Operator Scheme Code of Practice - Control and enforcement of parking on private land and unregulated public car parks
Version 7 - January 2018


Section 20.5a
When issuing a parking charge notice you may use photographs as evidence that a vehicle was parked in an unauthorised way. The photographs must refer to and confirm the incident which you claim was unauthorised. A date and time stamp should be included on the photograph.

• The PCN is not compliant, as no date or time stamp has been included on the photograph.

Section 21.1
You may use ANPR camera technology to manage, control and enforce parking in private car parks, as long as you do this in a reasonable, consistent and transparent manner. Your signs at the car park must tell drivers that you are using this technology and what you will use the data captured by ANPR cameras for.

• The entry sign indicated on the PCN does not state that you are using ANPR
• The infield signage does not state what you will use the data for.
• Photographic evidence provided.

As a stakeholder and contributor to the BPA code of practice, Britannia Parking are expected to ensure they operate in accordance with its rules and that of the Protection of Freedom Act 2012, and for this reason I look forward to receiving notification within 28 days that the Parking Charge Notice has been cancelled.



This post has been edited by Jetl3on: Fri, 12 Oct 2018 - 15:05
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nosferatu1001
post Fri, 12 Oct 2018 - 16:29
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It was constructive. Just blunt.
You can't randomly copy and paste. Understanding is needed.
The second looks better
They'll reject so read up on popla.
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Jetl3on
post Fri, 12 Oct 2018 - 18:28
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QUOTE (nosferatu1001 @ Fri, 12 Oct 2018 - 17:29) *
You can't randomly copy and paste. Understanding is needed.


Understood, and that is a very fair comment.

I will tweak it for the 'nth' time, submit, and wait for the inevitably rejection.

Thanks for the help.
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