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Carflow parking charge notice
panther12
post Tue, 22 Sep 2020 - 10:46
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Well it's been quite some time since I've needed your assistance and being out of the loop with modern day private parking charges would be grateful for any pointers.

The keeper has received a PCN through the post from Carflow (£100 reduced to £60 for early payment)
The driver, unfamiliar with how this carpark worked, parked on a shopping centre carpark to collect a few things. Paid for 1 hour parking which was 80p. The machine required the reg number which driver entered plus the 80p and driver is sure the display registered the 80p entered but was not given a ticket. Driver assumed that with it being ANPR and having to enter the reg it didn't give tickets to display but instead logged the reg to the anpr.

Keeper has received a PCN showing pics of vehicle entering & leaving stating amount payable 80p, amount paid 0p.

It would appear the machine hasn't registered the drivers stay.

This post has been edited by panther12: Tue, 22 Sep 2020 - 12:32
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post Tue, 22 Sep 2020 - 10:46
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ostell
post Tue, 22 Sep 2020 - 12:07
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Post up the redacted Notice to Keeper but leave dates

Very rarely do they match what is typed to what is known to be in the car park.

This post has been edited by ostell: Tue, 22 Sep 2020 - 12:50
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panther12
post Tue, 22 Sep 2020 - 12:34
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Cheers, will post up redacted later.
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panther12
post Tue, 22 Sep 2020 - 15:29
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Here's front & back of PCN. Hope I've done this right.

https://ibb.co/cxV1207

https://ibb.co/g43QXbf
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ostell
post Tue, 22 Sep 2020 - 15:48
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They are close to getting it correct but

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

The driver paid for parking by inserting 80p and entered the VRM. Your equipment failed to deliver a ticket. The driver has therefore paid in full in accordance with your conditions and there has been no breach, only equipment failure.

You have also failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act.

In addition you have failed to give the period of parking as required by 9 (2) (a). Photos taken of a car moving in front of a camera cannot, by definition, be parking

You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc


I must admit it is not a very strong argument, they are halfway there

This post has been edited by ostell: Tue, 22 Sep 2020 - 15:52
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panther12
post Tue, 22 Sep 2020 - 16:22
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Thanks Ostell, much appreciated for that.

Have they not covered the requirements of 9 (2) (e) of the Act on the reverse page under:
"What if I am not the driver"
If you were not driving the vehicle at the time of the event,you should tell us the name & address for service of the driver and pass this notice to them. We can then pursue the driver for the charge.


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ostell
post Tue, 22 Sep 2020 - 17:18
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There's no "should" about it, it should be an "invite", in line with what POFA states. 9.2 starts with "the notice must" and 9.2.e starts with "state that...."

This post has been edited by ostell: Tue, 22 Sep 2020 - 17:22
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panther12
post Tue, 22 Sep 2020 - 18:17
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QUOTE (ostell @ Tue, 22 Sep 2020 - 18:18) *
There's no "should" about it, it should be an "invite", in line with what POFA states. 9.2 starts with "the notice must" and 9.2.e starts with "state that...."

I get it now, cheers. Will send that off to them and see what they come back with. Thanks.
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panther12
post Wed, 23 Sep 2020 - 18:30
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Received their decision by email - appeal rejected. Have copied the decision below.



QUOTE
POPLA Appeal Code: xxxx

Dear, xxx

Thank you for getting in touch with Carflow.

This car park is private land and Carflow has been engaged by the landowner to ensure that motorists pay the correct parking tariff. When parking on private land it is the responsibility of the motorist to ensure they have adhered to the terms and conditions of the car park.

You have suggested that you made a payment for this VRN. We have checked our records and can find no records of a payment for this VRN or any VRN resembling it. However, if you can provide any evidence to substantiate your claim we will obviously consider this. We can also see that we have payments for other VRNs before, during and after your stay in the car park indicating there were no issues with the machines at this time.

Carflow use industry renowned Flowbird parking terminals. We have found them to be the most user friendly and reliable parking terminals in the market. Carflow customers transact tens of thousands of times on our own such machines each month and we have rarely had any complaints about how user friendly they are. The instructions are clear and easy to follow:
If you pay by cash, the process is as follows:

Cash
Enter registration -> validate -> insert coins -> validate -> take ticket

This car park also has an option to pay online, giving you an alternative payment method if you were unable to use the payment terminals on site.

Your details were provided to us by the DVLA as the registered keeper of the vehicle on the date of the event. Parking on private land is governed by the Protection of Freedoms Act (2012), which introduced keeper liability for parking charges incurred on private land. If you are the keeper of a vehicle that has breached the terms and conditions of a site that we manage, and the driver of the vehicle is unidentified, we are entitled to recover any unpaid PCN amount from you. However, If you were not driving the vehicle at the time of the alleged offence, you should tell us the name and address for service of the driver and pass this notice to them. We will then pursue the driver for the charge. If you do not provide these details we are required to inform you that in accordance with Schedule 4 of the Act, Carflow will have the right to recover any unpaid part of the parking charge from you, the registered keeper.

Our notice to keeper clearly states:
In accordance with Schedule 4 of the Protection of Freedoms Act 2012 (9.2.b), the driver of the motor vehicle is required to pay the parking charge in full. As you are the registered keeper of the vehicle and we do not know the driver’s name or current postal address (“address for service”), we invite you to pay this PCN.
What if I am not the driver?
If you were not driving the vehicle at the time of the parking event, you should tell us the name and address for service of the driver and pass this notice to them. We can then pursue the driver for the charge.

When a vehicle enters the car park our cameras take a timestamped photo of your vehicle. The system does the same on exit. The system then calculates the stay time based on these reads. Our cameras and computing equipment are regularly checked. The British Parking Association audits the ANPR systems in use by parking operators in order to ensure the systems are in good working order and the data collected is accurate. We have records of cars entering and exiting the car park between the times you entered and exited which confirms the system was working correctly at the time. Our system has correctly calculated that you stayed at Moorlands Shopping Centre car park for 39 minutes between 10:20 and 11:00 on 08-Sep-20. The signs at the car park clearly state "By parking, waiting or otherwise remaining on this private land, motorists enter into a contract with Carflow Ltd and agree to comply with the terms and conditions as set out on this notice”. Therefore, parking tariffs come into effect as soon as the vehicle enters the car park, this includes time taken to find a parking space and make a payment.

By entering and parking on this privately owned land, the driver entered into a contract with Carflow Limited and agreed to be bound by the terms and conditions, which are clearly displayed on the signs at the entrance and throughout the site. The full parking tariff must be paid prior to leaving the car park and the correct Vehicle Registration Number (VRN) entered. As a sufficient tariff was not paid for parking, we have no option but to reject your appeal. We understand your frustration but the parking tariffs are clearly displayed at the site and are in operation 24 / 7.

You have now reached the end of our internal appeals procedure and you now have two options; you can either pay or appeal to POPLA. You cannot do both. If you feel you have not been given a fair decision from Carflow you have the right to appeal to POPLA, the independent appeals service (see attached form). Your POPLA appeal code can be found at the beginning of this correspondence. You must appeal to POPLA within 28 days of this rejection notice. The quickest and easiest way to submit your appeal to POPLA is online at www.popla.co.uk. If you appeal to POPLA, you will lose the opportunity to pay at the discounted rate.

As a gesture of goodwill we are willing to extend the discounted payment period by 14 days from the date of this correspondence. Therefore, payment can still be made at the discounted rate of £60 until 07-Oct-20. Payment must be made within 28 days (by 21-Oct-20). If payment is delayed beyond 21-Oct-20, an administrative charge may be added for late payment and debt recovery or court action may be taken. Additional costs may also be incurred as a result of debt recovery or court action.

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.

Payment Information
Carflow accepts payment by cheque and all major UK credit and debit cards including Visa, Visa Debit, Mastercard and Maestro. We do not accept American Express.

Via the Internet
Please visit www.carflow.co.uk/pay-pcn and follow the instructions on screen. An e-mail receipt will be provided once payment has been made.

By Telephone
Please phone 0330 223 4174 and follow the instructions. Calls cost no more than calls to geographic numbers (01 or 02) and are included in inclusive minutes and discount schemes in the same way. An option to have an SMS receipt provided is available once payment has been made.

By Post
To pay by post, please make a cheque or postal order payable to Carflow Limited for the correct amount and send it to the following address, quoting your PCN reference on the back:
Carflow Limited, PO Box 76433, London, EC1P 1BB.
If you are paying by post, the letter must be postmarked before the date the charge is due to be paid to avoid additional fees for late payment.

Kind Regards,

Carflow Appeals Team








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ostell
post Wed, 23 Sep 2020 - 20:35
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Usual rubbish. They have not mentioned the details of your appeal. They cannot reasonably expect the parking contract to start on entry when the driver has not had the chance to read the sign and form a contract. The contract can't be retrospective.

Start preparing your POPLA appeal now
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panther12
post Thu, 24 Sep 2020 - 11:41
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QUOTE (ostell @ Wed, 23 Sep 2020 - 21:35) *
Usual rubbish. They have not mentioned the details of your appeal. They cannot reasonably expect the parking contract to start on entry when the driver has not had the chance to read the sign and form a contract. The contract can't be retrospective.

Start preparing your POPLA appeal now


Yes will get the ball rolling with popla. It's a bit overwhelming trying to gather what to put but I've just come across a post on mse with a popla success from the same PPC on what I think is the same grounds that I could use.

QUOTE
Assessor Supporting rationale for decision: While the appellant has raised a separate ground of appeal, my report will focus solely on if the NtK was compliant with the POFA 2012. As the appellant has not declared he was the driver of the vehicle, I must consider whether the conditions of POFA 2012 were met. After reviewing the evidence provided by both parties, I am not satisfied that, the appellant has been identified as the driver at the time of the relevant parking event. The operator is therefore pursuing the appellant as the Registered Keeper of the vehicle in this instance. The NtK will need to comply with section 9 of POFA 2012 that states that the creditor must 'warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given - (i) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii) the creditor does not know both the name of the driver and a current address for service for the driver, . the creditor will (if all the applicable conditions under this Section are met) have the right to recover from the keeper so much of that amount as remains unpaid'. The NtK sent by the operator states "the charge must be paid no later than 28 days from the date of issue". In this case I do not consider that the operator has fully met the requirements of POFA as by informing the appellant it can seek to recover payment after 28 days, it has failed to meet section (2f) as this 28 day period will not begin until the day after the notice is given. As such, I cannot conclude that the PCN has been issued correctly."


My PCN says:
PCN Postal date: 16 sep
PCN issue/given date: 18 sep
The charge must be paid no later than 28 days from the date of issue (by 16-Oct-20). If payment is delayed beyond 28 days, an administrative charge may be added and debt recovery...


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The Rookie
post Fri, 25 Sep 2020 - 10:34
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You work out ALL the PoFA fails and detail them fully, some POPLA assessors are good, some need leading by the hand. That is indeed another failure - and it's not like it's hard to copy the provided text in the statute!


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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panther12
post Thu, 15 Oct 2020 - 14:28
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Popla appeal submitted & acknowledged 30th Sep, nothing received yet but I understand ppc have 21 days to reply. Do these shysters normally leave it till the last moment? They were very quick to dismiss the 1st appeal!
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The Rookie
post Fri, 16 Oct 2020 - 10:16
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Yes they often play brinksmanship with the 21 days.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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panther12
post Wed, 21 Oct 2020 - 20:26
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You're not kidding they take it to the brink. I got their reply from POPLA with just 10 mins on the clock to go! I havn't gone through it in detail yet but it seems a lot of cut & paste bumf.

A main feature of my appeal was the ntk non compliant with pofa as the wording on the front page of the ntk stated the charge must be paid no late than 28 days from the date of issue. It is corrected on the reverse of the NtK but have I got a case if the front page is worded different. Carflow have quoted the other paragraphs of the front page of the NtK but sneakily they have omited to copy the non compliant pofa text but instead quote the text on the reverse of the ntk in their evidence to popla.


QUOTE
Carflow Limited operates a parking enforcement scheme for the landowners at Moorlands Shopping Centre Car Park, Pickwood Road, Leek ST13 5SN. The site consists of c.80 space car park above Moortands Shopping Centre with vehide access via a ramp from Pickwood Road, Leek, ST13 SSN. The car park can also be accessed by pedestrians via the shopping centre. The vehicle access ramp is a two lane ramp with an entrance lane and an exit lane. There rs no other vehide access to the site.

Carflow Limited has been engaged by the landowner to ensure motorists pay the correct parking tariff. The appellant parked in this private car park did not pay the correct tariff for parking.

1. The appellant has stated “The NtK does mot meet PoFA 2012 requirements – no Keeper Liability can apply”

The appellant is incorrect in suggesting that Carflow is not compliant with PoFA 2012. They are also incorrect to suggest that we are not relying on PoFA. Our notice to keeper clearly states “if the parking charge has not been paid in full after 29 days from the given date and
we do not know both the name and current address for service of the driver, we have the right to recover any unpaid part of the parking charge from the registered keeper, subject to Carflow complying with the applicable conditions under Schedule 4 of the Act”. (highlighted in bold and underlined below). This corresponds to “28 days beginning with the day after that on which the notice is given” in PoFA.

Our Notice to Keeper states the following:

Breach of parking terms and conditions
On 08-Sep-20 at 10:20:33, vehicle xxxx entered Moorlands Shopping Centre, Pickwood Road, Leek. The vehicle was recorded leaving the car park on 08-Sep-20 at 11:00:16, for a total stay duration of 00:39:43. Signage is clearly displayed at the entrance and throughout the site. This signage states that the site is private land and outlines the terms and conditions. By parking at the site the driver agreed to be bound by these terms and conditions. As the driver breached the terms and conditions as described below, the Parking Charge Notice (PCN) of £100 became payable to Carflow Ltd (as the Creditor). A reduced amount of £60 is payable if the charge is paid within 14 days (by 02-Oct-20). Please note that the issue / given date is two working days after the postal date.

Our Notice to Keeper states the following:

Parking on private land - the law
Carflow Limited is authorised by the landowner to manage parking at this site. By entering and parking on this privately owned land, the driver entered into a contract with Carflow Limited and agreed to be bound by the terms and conditions, which are clearly displayed on the signs throughout the site. Parking on private land is governed by the Protection of Freedoms Act (2012), which introduced keeper liability for parking charges incurred on private land. If you are the keeper of a vehicle that has breached the terms and conditions of a site that we manage, and the driver of the vehicle is unidentified, we are entitled to recover any unpaid PCN amount from you. In the event that you refuse to either pay or acknowledge the PCN, we may pursue this case via debt recovery action or through the courts. See overleaf for further information.

The following information is included on the second page of our Notice to Keeper:

Protection of Freedoms Act (2012)
In accordance with Schedule 4 of the Protection of Freedoms Act 2012 (9.2.b), the driver of the motor vehicle is required to pay the parking charge in full. As you are the registered keeper of the vehicle and we do not know the driver’s name or current postal address (“address for service”), we invite you to pay this PCN.
What if I am not the driver?
If you were not driving the vehicle at the time of the parking event, you should tell us the name and address for service of the driver and pass this notice to them. We can then pursue the driver for the charge.
What if the charge remains unpaid?
In accordance with Schedule 4 of the Protection of Freedoms Act 2012 (9.2.f), if the parking charge has not been paid in full after 29 days from the given date and we do not know both the name and current address for service of the driver, we have the right to recover any unpaid part of the parking charge from the registered keeper, subject to Carflow complying with the applicable conditions under Schedule 4 of the Act. Should you provide an incorrect address or identify someone who denies they were the driver, we may pursue you for any unpaid PCN amount.
What next?
If you continue to ignore our correspondence after the date payment is due, an administrative fee may be added. Additional costs may also be incurred as a result of debt recovery or court action.

As “after 29 days from the given date” has the same meaning as “after the period of 28 days beginning with the day after that on which the notice is given”, we have complied with Schedule 4 of the Protection of Freedoms Act and therefore the parking charge was correctly issued

Furthermore, in POPLA appeal 0830900019, where the appellant suggested Carflow had not complied with PoFA 2012, the POPLA adjudicator found in favour of Carflow as follows:

“The appellant states the operator has not complied with the requirements of POFA 2012. The operator has provided a copy of the notice to keeper sent to the appellant. I have reviewed the notice to keeper against the relevant sections of the Protection of Freedoms Act 2012, despite the appellants comments the PCN does state the correct time frames. I am satisfied that it is compliant, and that the operator has successfully transferred liability to the keeper of the vehicle. Therefore, it is the keeper’s liability for the PCN I will be considering…… As such, I conclude that the operator issued the PCN correctly.”

2. “The operator has not shown that the individual who it is pursuing is in fact the driver who may have been potentially liable for the charge.”

As we have previously stated - Our Notice to Keeper states the following:

Parking on private land - the law
Carflow Limited is authorised by the landowner to manage parking at this site. By entering and parking on this privately owned land, the driver entered into a contract with Carflow Limited and agreed to be bound by the terms and conditions, which are clearly displayed on the signs throughout the site. Parking on private land is governed by the Protection of Freedoms Act (2012), which introduced keeper liability for parking charges incurred on private land. If you are the keeper of a vehicle that has breached the terms and conditions of a site that we manage, and the driver of the vehicle is unidentified, we are entitled to recover any unpaid PCN amount from you. In the event that you refuse to either pay or acknowledge the PCN, we may pursue this case via debt recovery action or through the courts. See overleaf for further information.

The following information is included on the second page of our Notice to Keeper:

Protection of Freedoms Act (2012)
In accordance with Schedule 4 of the Protection of Freedoms Act 2012 (9.2.b), the driver of the motor vehicle is required to pay the parking charge in full. As you are the registered keeper of the vehicle and we do not know the driver’s name or current postal address (“address for service”), we invite you to pay this PCN.
What if I am not the driver?
If you were not driving the vehicle at the time of the parking event, you should tell us the name and address for service of the driver and pass this notice to them. We can then pursue the driver for the charge.
What if the charge remains unpaid?
In accordance with Schedule 4 of the Protection of Freedoms Act 2012 (9.2.f), if the parking charge has not been paid in full after 29 days from the given date and we do not know both the name and current address for service of the driver, we have the right to recover any unpaid part of the parking charge from the registered keeper, subject to Carflow complying with the applicable conditions under Schedule 4 of the Act. Should you provide an incorrect address or identify someone who denies they were the driver, we may pursue you for any unpaid PCN amount.
What next?
If you continue to ignore our correspondence after the date payment is due, an administrative fee may be added. Additional costs may also be incurred as a result of debt recovery or court action.

As “after 29 days from the given date” has the same meaning as “after the period of 28 days beginning with the day after that on which the notice is given”, we have complied with Schedule 4 of the Protection of Freedoms Act and therefore the parking charge was correctly issued

As the appellant has not provided us with a name and address for service of the driver, we are entitled to pursue the registered keeper for this parking charge.

Our Notice to Keeper is fully compliant with PoFA 2012. Furthermore, in POPLA Appeal case 0831919008 where the appellant suggested our Notice to Keeper was not compliant with PoFA 2012, the POPLA Adjudicator found in favour of Carflow as follows:

“The appellant states the operator has not complied to the Protection of Freedoms Act (PoFA) 2012 when attempting to transfer liability from the driver to the registered keeper of the vehicle. I further note this point, and I also note the appellant’s comments in response to the operator’s evidence. I have extensively reviewed the PCN, and whilst I fully note the appellant’s response, I am satisfied that the PCN has it made it abundantly clear that it will be using PoFA to transfer liability from the driver to the registered keeper in order to pursue payment of the parking charge. This is explained in detail on the second page of the PCN. I
therefore remain satisfied that the operator has correctly adhered to PoFA.”
.

3. “No evidence of period parked – NtK does not meet PoFa 2012 requirements”.

The appellant has suggested that there is no evidence of the period parked on the Notice to Keeper. Our notice to keeper states:

Breach of parking terms and conditions
On 08-Sep-20 at 10:20:33, vehicle BT54UTJ entered Moorlands Shopping Centre, Pickwood Road, Leek. The vehicle was recorded leaving the car park on 08-Sep-20 at 11:00:16, for a total stay duration of 00:39:43. Signage is clearly displayed at the entrance and throughout the site. This signage states that the site is private land and outlines the terms and conditions. By parking at the site the driver agreed to be bound by these terms and conditions. As the driver breached the terms and conditions as described below, the Parking Charge Notice (PCN) of £100 became payable to Carflow Ltd (as the Creditor). A reduced amount of £60 is payable if the charge is paid within 14 days (by 02-Oct-20).Please note that the issue / given date is two working days after the postal date.

Paragraph9(2)(a) requires the NtK to: “specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice related”.


The following in relation to the vehicle appears on the NtK:
Registration Number: xxxx Vehicle Make: PEUGEOT
Vehicle Model: 206 SPORT
Vehicle Colour: BLUE
Date of Exit: 08-Sep-20

The following appears on the NtK in relation to the relevant land on which the vehicle was parked and the period of parking to which the notice related:

Breach of parking terms and conditions
On 08-Sep-20 at 10:20:33, vehicle xxxx entered Moorlands Shopping Centre, Pickwood Road, Leek. The vehicle was recorded leaving the car park on 08-Sep-20 at 11:00:16, for a total stay duration of 00:39:43.

The signs at the car park clearly state "By parking, waiting or otherwise remaining on this private land, motorists enter into a contract with Carflow Ltd and agree to comply with the terms and conditions as set out on this notice". We have attached, in the site appendix, copies of the notices and their location.

4. “No evidence of Landowner Authority – the operator is put to strict proof of full compliance with the BPA Code of Practice”

Section 7 of the BPA Code of practice sets out the following:

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 confirmation 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.

We have included our Landowner Agreement for this site in the Site Appendix detailing Carflow’s authority to:
• Undertake parking management, control and enforcement at the site;
• Issue parking charge notices where vehicles are parked on the site in a manner not permitted under the terms and conditions of parking;
• Pursue the outstanding parking charges by any method up to and including by way of legal proceedings to recover charges due from drivers charged with unauthorised parking, in accordance with the British Parking Association Approved Operator Scheme Code of Practice.

7.2 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 redacted contract shows that Carflow have the landowner’s authority to issue parking charges at this site.

7.3 The written authorisation must also set out:

a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined

The definition of the land is set out in the site area of the redacted contract attached in the Site Appendix, as follows:

Site: Carflow shall provide its services (which may be amended from time to time) at the defined location.



Site name: Moorlands Shopping Centre Car Park
Site address: Pickwood Road, Leek, ST13 5SN, United Kingdom
Site particulars: The site consists of a c. 80 space car park above Moorlands Shopping Centrewith vehicle access via a rampfrom Pickwood Road, Leek, ST13 5SN. The car park can also be accessed by pedestrians via the shopping centre. The vehicle access ramp is a two lane ramp with an entrance lane and an exit lane. There is no other vehicle access to the site.

b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation

This is defined in the hours of operation in our redacted contract with the land owner attached in the Site Appendix (please also see point c below). The hours of operation are as follows:

Monday 8:30 to 18:00
Tuesday 8:30 to 18:00
Wednesday 8:30 to 18:00
Thursday 8:30 to 18:00
Friday 8:30 to 18:00
Saturday 8:30 to 18:00
Sunday 10:00 to 16:00

Our contract also states:
“5.5 Carflow may amend the time limit or tariff on a Site with the consent of the Client”
We have since agreed with the client to change the opening times from Monday to Saturday to 07:00 to 18:00.

c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement

There are no restrictions on the type of vehicles that may park in this car park or are subject to parking control or enforcement.

d who has the responsibility for putting up and maintaining signs

This is included in our contract, which states:

"signs shall be provided by Carflow free of charge.” And that Carflow will:
“install and maintain signage at the Site(s) to notify users of the Site of the Services, the costs of which will be borne as specified in The Order. The exact number of signs at each Site shall be determined at Carflow’s discretion and the costs of any additional signs in excess of that determined by Carflow shall be borne by the Client.”

e the definition of the services provided by each party to the agreement

The definition of the services provided as follows (as contained in the redacted contract):

“Carflow will provide car park management services in accordance with its site survey and installation specification. These services will include: Equipment installation and maintenance, DVLA registered keeper detail searches, Parking Charge Notice (PCN) generation, PCN issuance, Online payment and cash collection services. Carflow reserve the right to supplement or amend the services by written notice to the Client from time to time subject to
the Client's approval.”

The start and end date are contained in the "Initial Term" of the contract as follows:


"A period commencing on 05th August 2020, expiring after 3 years."

7.4 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.

Carflow have been audited by the BPA, it is also a requirement of BPA membership that we make ourselves available for an inspection when required.

Therefore, Carflow have included all information required to comply with section 7 of the Code of Practice. As described above, this can be found on the redacted contract and on the witness statement in the Site Appendix. A copy of both documents are included in the Site Appendix.

5. “The ANPR system is neither reliable or accurate”

The appellant has questioned the reliability of our cameras. When a vehicle enters the car park our cameras take a timestamped photo of your vehicle. The system does the same on exit. The system then calculates the stay time based on these reads. Our cameras and computing equipment are regularly checked. The British Parking Association audits the ANPR systems in use by parking operators in order to ensure the systems are in good working order and the data collected is accurate. We have records of cars entering and exiting the car park between the times you entered and exited which confirms the system was working correctly at the time. Our system has correctly calculated that you stayed at Moorlands Shopping Centre car park for 39 minutes between 10:20 and 11:00 on 08-Sep-20.

As we have previously stated the signs at the car park clearly state "By parking, waiting or otherwise remaining on this private land, motorists enter into a contract with Carflow Ltd and agree to comply with the terms and conditions as set out on this notice".

6. “The Signs Fail to Transparently Warn Drivers of what the ANPR Data will be used for”

Section 21.1 of the BPA code of practice states: "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."

Attached in the Site Appendix are copies of our signs. The entrance signs clearly state:

"Camera controlled car park"
"Automatic number plate recognition in use"

The purpose of the entrance sign is to notify motorists that the site is private land and is operated on a Pay & Display basis. The entrance sign also invites motorists to check the rules signs around the car park for further details. Our rules signs (designs can be found in the Site Appendix) also explain what the data captured by our ANPR cameras will be used for:

“ANPR and / or vehicle photography is in operation”
“If the motorist fails to comply with the terms and conditions, they accept that they are liable to pay a parking charge and vehicle keeper details may be requested from the DVLA”

As you can see, our signs ensure that our ANPR system is used in a reasonable, consistent and transparent manner and we are therefore compliant with Section 21.1 of the Code of Practice. Our privacy policy on our parking signs also states the following:



“Privacy Information - when you use this car park, Carflow Ltd collects and processes certain data in order to ensure that you are complying with our terms and conditions and to enforce these where necessary. We also use the data for car park management. This will include, for example, reporting on vehicle turnover and repeat visits in order to improve the customer experience. The data we collect comprises images of vehicles using the car park, the Vehicle Registration Number and times of entry/exit. This is collected via Automatic Number Plate Recognition cameras and/or vehicle photography by parking attendants, as well as via payment machines or terminals. We may share data from time to time as required to support the purposes stated above. When collecting the data specified above, Carflow Ltd is the Data Controller. For further details, including information about your rights as a data subject, please call 0330 223 4178 or visit our website at www.carflow.co.uk/privacy

7. “The entrance signs are inadequately positioned and lit and signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself ”

The appellant has suggested that the signs are inadequately positioned, there are 19 signs relating to the parking restrictions in Moorlands Centre Car Park. Carflow erected 17 of these signs on 07-Aug-20, which includes 2 entrances signs, 14 rules signs and 1 tariff rules sign. The remaining two signs were already in place. We have attached a Site Appendix for your convenience, which includes a map detailing the location of these signs and a large number of photos of the signs in place. The purpose of the entrance signs are to notify motorists that the site is private land, parking tariffs apply and to invite motorists to check the rules signs around the car park for further details of the terms and conditions of parking. These rules signs are clearly visible around the site and notify motorists that Carflow are responsible for parking enforcement at the car park. Our signage design and text complies with all requirements of the British Parking Association’s Approved Operator Scheme Code of Practice. This has been confirmed by the British Parking Association. The Code of Practice states that signs should be 450mm x 450mm - our signs are 46% larger at 625mm x 475mm. Moorlands Centre Car Park is private land and motorists should not assume that parking is free or otherwise before consulting the signs.

The appellant has also suggested that the signs are not lit, our signs are sufficiently visible during the day and at night should motorists wish to read them. It should be noted that the appellant visited the car park between 10:20am and 11:00am. Signs would not normally be lit by natural light at this hour of the day, but there are also electric lights near by that provide additional illumination.

The appellant further suggests that there is insufficient notice of the sum of the parking charge itself. The signs at the car park clearly state:

“Failure to comply will result in a parking charge of £100, If the parking charge is paid within 14 days of the date of issue, the parking charge will be reduced to £60”.

8. “The parking tariff was paid”

The appellant has suggested that they paid for parking on 08-Sep-20. We have included in the appellant appendix a listing of the payments between 10:00 and 12:00. The appellants VRN is not on the payments list, nor is there any VRN resembling the appellants VRN xxxx. There were numerous payments in varying denominations between 10:00 and 12:00 on 08-Sep-20 indicating there were no issues with the parking terminals at that time.

Conclusion

The simple fact of this case is that the appellant’s vehicle stayed longer than the amount of time they had paid for. In this case, the appellant did not pay for parking. The appellant’s vehicle remained in Moorlands Shopping Centre Car Park, Pickwood Road, Leek ST13 5SN
for 39 minutes, as they did not pay for parking, they were correctly issued with a parking
charge.
The signs in this private car park clearly state that the correct parking tariff must be paid prior to leaving the car park. As the appellant did not pay the correct tariff and the parking charge was correctly issued, we feel that this appeal should be refused.

Kind Regards,
Carflow Appeals Team



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