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Appeal Proof of Posting Britannia.
Merc23
post Sun, 20 Jan 2019 - 11:08
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Hi.

I've searched the forums but can't find an similar thread, so apologise if this has been posted before.

I received a PCN from Britannia Parking on the 1st July 2018 for failing to buy a valid ticket. The evidence was from ANPR cameras in a private car park from the 16th July. I found the ticket that I had bought, unfortunately I had mixed up our two car registration numbers. Five of the numbers were still correct.

Using their online portal I registered an appeal that evening, with a jpg of the ticket purchased and stated that I had had a senior moment. I luckily kept a copy of their acknowledgement.

On 6th August I received a Final Reminder from Britannia Parking stating the Discounted Period had expired, but it doesn't specifically state that this applies to any appeal process, or that they had dealt with any appeal in this matter.

Using the email address Britannia parking had given me in my appeal acknowledgement, I informed them on 8th August 2018 I had not received a reply, so could they post me the result.

I then received various debt collectors letters until 12th December when I received a letter from BWLegal which I assumed/assume is the Letter before claim. This Letter states "As you have failed to make a payment or raise an appeal within 28 days of the PCN" etc. This communication did not contain a list of evidence.

I replied to BWlegal with a without prejudice letter, stating I had not received their adjudication on the appeal as of 12 December 2018. This denying me the opportunity of appealing to POPPA under rule 22.12. I also enclosed a copy of my email enquiry, which I had not received a reply to either.

I received a letter titled Letter of claim dated 28th December 2018.

I then received a letter dated 12th January 2018 which contained a copy of my appeal rejection letter with an offer to settle dated 19th July 2018.This was news to me!

My questions are, under pre-action conduct can I ask for

1 Britannia Parking to provide me with evidence of posting for the appeal rejection letter as I did not receive it
2 A copy of their reply to my email, with a certificate of posting as well as I did not receive this either.

Any thoughts would be much appreciated.
Merc23
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post Sun, 20 Jan 2019 - 11:08
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HappyHarry
post Mon, 21 Jan 2019 - 09:25
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Hello Merc, sorry to say I’m no expert so am not going to offer any suggestions. I’m replying because the email alert for your post found its way into my Junk Mail rather than Inbox. It’s unusual for a request for help to get no responses so I’m hoping that my reply will make its way into inboxes.

Best wishes and good luck.
HH


--------------------
“Nobody leaves their house because they want to go and do some parking; parking is simply a means to an end, and it should be as easy as possible.” Rishi Sunak, MP
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ostell
post Mon, 21 Jan 2019 - 09:35
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So you send a SAR request to Brittania for all the documents relating to you. You also request from BWL all the documents that they intend to rely on in court.

Dount if there will be a proof of posting.

Post up the PCN you received, sutbaly redacted, for others to examine but I suspect that you have identified the driver and it will make it more difficult to defend.

This post has been edited by ostell: Mon, 21 Jan 2019 - 09:35
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Merc23
post Mon, 21 Jan 2019 - 20:22
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Thank you Happyharry and Ostell for your replies, help and suggestions.

Back in the summer I was looking for an easy way out so I did admit to my seating arrangement, so if I had received the appeal reply on time I would have settled for the reduced amount they asked for (I know bad move, my fault).

I will put my SAR in and request the documents as suggested thanks.

After doing some surfing I found on the Which? website that parking is considered to be a Service without Goods Contract, at this time it comes under the Consumer Rights Act 2015. I assume as it's Which? you can take that as the whole truth?

Just as an aside even though I'm ex-directory and haven't given them my number, I still got both Zenith and BWLegal phone calls. Since the letter of claim they have stopped though. Oh and the shop that owns the car park has recently added notices to its entrance doors to remind customers to pay for parking. So much for the Parking company's signs!

My PCN
Attached Image

Attached Image


Thanks for reading.

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nosferatu1001
post Tue, 22 Jan 2019 - 11:13
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NEW SIGNS: That gives you aditional ammo - the shop MUST have been recieving complaints meaning the signs cant be good enoguh. IF they were good enoguh, the shop would not have put up additional signs.

POPLA cannot state otherwise - they cannot find the signage is suitbale - because a third party to the appeal has declared that it isnt, which is the principal inthe arrangement.

Yes it comes under CRA2015. WOnt help with POPLA.
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ostell
post Tue, 22 Jan 2019 - 11:20
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Well, that PCN is not POFA compliant to be able hold the keeper liable. Has the driver been identified, yes or no ?

This post has been edited by ostell: Tue, 22 Jan 2019 - 11:20
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Merc23
post Tue, 22 Jan 2019 - 20:08
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Thank you Nosferatu and Ostell

Nosferatu Ill get pics of the 3rd party Signs, and thanks for confirming about CRA2015.

Ostell Yes

This post has been edited by Merc23: Wed, 23 Jan 2019 - 22:40
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Merc23
post Wed, 23 Jan 2019 - 20:24
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QUOTE (nosferatu1001 @ Tue, 22 Jan 2019 - 11:13) *
NEW SIGNS: That gives you aditional ammo - the shop MUST have been recieving complaints meaning the signs cant be good enoguh. IF they were good enoguh, the shop would not have put up additional signs.

POPLA cannot state otherwise - they cannot find the signage is suitbale - because a third party to the appeal has declared that it isnt, which is the principal inthe arrangement.

Yes it comes under CRA2015. WOnt help with POPLA.


I managed to get to the shop and took this pic that I have cropped down, it's of one of the two signs on the entrance doors.

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nosferatu1001
post Thu, 24 Jan 2019 - 08:23
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Yay, random capitalisations for no reason...

AS I said, you need to show that this is the shop atached to the carpark, and that clearly the signs in the car park are inadequate, as the shop has had to add these.
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Merc23
post Fri, 25 Jan 2019 - 08:33
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In the uncropped version of the picture there is an A board with the shops name on it reflected in the glass door, so no doubt as to the location of the picture.

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