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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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Jetl3on
post Mon, 5 Nov 2018 - 15:47
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Afternoon all,

Rejection letter received as expected and pasted below for reference.....hoping for some guidance on the next step. Having compared appeal to the rejection, some of the points have not been answered. To make for easier reading, the extracted paragraphs are in red.

Appeal Letter

Protection of Freedom Act 2012

Section 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 as mandated by POFA 9 (2). As the operator, I would like to draw attention to the fact you have not met this requirement. The PCN states the entry and exit times, but does not provide the required ‘period of parking’ and as such cannot be relied upon as notice to keeper. Section 13 – Grace Periods, details that you have 10 minutes grace period on arrival to purchase a valid ticket. If the driver has not purchased a ticket within the 10 minute grace period, a Parking Charge Notice will be issued, as the driver has breached the terms and conditions of the car park

Section 9 (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 non compliant as it does not describe the charges due at the end of the ‘parking period’, as previously stated above, nor does it detail the circumstances or facts. As the operator, Britannia Parking are required to detail these requirements on issuing the PCN. The letter does not appear to address this point?


BPA Approved Operator Scheme Code of Practice - 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 provided as evidence. As a stakeholder and contributor to the BPA code of practice, I trust Britannia Parking appreciate the importance of abiding by the guidelines to which you subscribe. The letter does not address this point?

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.

• Please see photographic evidence as proof the signs do not comply BPA guidelines 21.1, they do not state that you are using ANPR, nor does it state what you will use the data for. All of our signs follow the standard requirements needed by the BPA. We are also audited yearly to ensure that signage is maintained and updated in line with the BPA’s requirements. The signage clearly advises when a Parking Charge Notice will be issued and no ambiguous wording has been used. There is also a contact telephone number stated on the signage should you require further clarification on the terms and conditions.
Please be aware the evidence provided by yourself shows the signage which states that it is a camera controlled car park, we have attached this again for your review. Please also see attached a photo of the contract stated on the signage.
Interestingly, the pictures they provided as proof are from different signs.

As a stakeholder and contributor to the BPA code of practice, Britannia Parking are expected to comply with the guidelines and its mission statement to strive to “put the customer at the heart of our thinking in producing the code, by improving consistency we are ensuring that parking operators are delivering the best for their customers”. For these reasons, I look forward to receiving notification within 28 days that the Parking Charge Notice has been cancelled. Should my cancellation request be rejected please provide a POPLA reference code, so I may escalate the appeal to the governing body.


------------------------------------------------

Rejection Letter in full


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 Parking Charge Notice was issued to the vehicle because a valid ticket was not purchased. It is the driver’s responsibility to ensure that they have read and understood the terms and conditions for using the car park.

Britannia Parking is an active member of the British Parking Association (BPA) and we follow their Approved Operators Scheme, Code of Practice at all times. We meet all the requirements for our signage as advised under section 18 and 19 for England and Wales or Section 28 for Scotland, of the BPA’s Code of Practice, in regards to signage and notifying the driver of the terms and conditions.

We are members of the British Parking Association (BPA) and we follow their Approved Operator Scheme, the BPA Code of Practice, at all times. Section 13 – Grace Periods, details that you have 10 minutes grace period on arrival to purchase a valid ticket. If the driver has not purchased a ticket within the 10 minute grace period, a Parking Charge Notice will be issued, as the driver has breached the terms and conditions of the car park

Therefore we consider there to be sufficient, clearly visible signage in the car park to draw your attention to the terms and condition of the parking contract that is on offer. By leaving your vehicle in the car park you have broken the terms and conditions and therefore we believe the Parking Charge Notice to be valid and correctly issued.

Please be aware that you have been notified under paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking charge in full.

All of our signs follow the standard requirements needed by the British Parking Association (BPA). We are also audited yearly to ensure that signage is maintained and updated in line with the BPA’s www.britpark.com Britannia Parking is a registered Trading Name of Britannia Parking Group Limited and any of its wholly owned subsidiaries. Registered office: Britannia Parking Group, 7th Floor, County Gates House, 300 Poole Road, Poole, BH12 1AZ Registered in England No. 08182990
requirements. The signage clearly advises when a Parking Charge Notice will be issued and no ambiguous wording has been used. There is also a contact telephone number stated on the signage should you require further clarification on the terms and conditions.

Please be aware the evidence provided by yourself shows the signage which states that it is a camera controlled car park, we have attached this again for your review. Please also see attached a photo of the contract stated on the signage. The terms and conditions of the car park detail that your information may be requested and shared with the BPA, DVLA , debt recovery agents and solicitors.

We are processing your information in relation to a breach of contract, additionally we are not relying on consent as our lawful basis. Our lawful basis is contractual, and until the contract is resolved, we have a lawful basis to retain your information.

You have now reached the end of our internal appeals procedure. You now have a number of options from which to choose:-
1 Pay the Parking Charge Notice at the discounted rate for a further 14 days.Please note that after this time the discounted rate will no longer apply and the full Parking Charge Notice amount will then be due within 14 days.

2 If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you.
3 Make an appeal to POPLA – The Independent Appeals Service. Please note that if you wish to appeal to POPLA, you will lose the right to pay the Parking Charge Notice at the discounted rate, and should POPLA’s decision not go in your favour you will be required to pay the full amount. If you opt to pay the Parking Charge Notice you will be unable to appeal to POPLA. The POPLA service is only available in England and Wales.

You must submit an appeal to POPLA within 28 days from the date of this outcome letter, by submitting an online case at www.popla.co.uk Your POPLA verification code is xxxxxx.
By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.’

How to Pay:
Internet: Visit www.britpark.com/PCN and follow the onscreen instructions. Please have your parking charge Notice number and payment card details ready.
By Phone: Call 0345 5 555888 option 2.
By Post: Make your cheque or postal order payable to Britannia Parking
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nosferatu1001
post Mon, 5 Nov 2018 - 18:14
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It's a template
Anything else costs too much

Your popla appeal should be well under way

You can truthfully point out that the operator does not dispute that their ntk is NOT pofa compliant, and therefor it isn't.
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Jetl3on
post Wed, 7 Nov 2018 - 15:39
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Thanks Nos,

But (and no laughing at this next question).........just so I understand, how are they admitting to it being non compliant, by the fact they have not responded to all the appeal points, or.....?

This post has been edited by Jetl3on: Wed, 7 Nov 2018 - 15:39
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nosferatu1001
post Thu, 8 Nov 2018 - 08:29
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Indeed, thats exactly it

You said it wasnt POFA compliant
They havent disagred
So you state to POPLA that this means they agree it is not compliant - there opportunity to dispute this has been and gone.
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Jetl3on
post Yesterday, 15:52
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Understood.

Final question, had a gander at the POPLA website and the appeals process, is it standard practise to upload both the appeal and rejection letter, highlighting the parts they didn't respond to?

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SchoolRunMum
post Yesterday, 23:43
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No, none of that helps at all at POPLA stage.

And nor will trying to say the NTK is not a POFA one, because we know from umpteen Britannia ones that their current NTK is compliant (according to POPLA, and I would agree). Some people now lose at POPLA v Britannia, so don't be despondent if you lose the appeal, but go all out with photos in the appeal to prove what it looks like in the dark.

You need to read other Britannia POPLA appeals to see what's what, and how they look. All photos are embedded into the actual appeal word document, as illustration, not uploaded one by one as that expects the Assessor to look at lots of things and join up the dots. Make it easy for them with a storybook with photos of the dark car park.

Nothing gets uploaded except the PDF long appeal (very long) and no boxes are ticked except 'OTHER'. POPLA stage is explained in the NEWBIES thread on the MSE parking forum, in the third post of that sticky thread, with template example points and one or two full examples showing what a decent long, picture/story appeal looks like.
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