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Win Win against Civil Enforcement @ starbucks, Won appeal
nikkietoni
post Mon, 24 Jun 2019 - 13:26
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Win win against Civil Enforcement @ Starbucks
Link to case

http://forums.pepipoo.com/index.php?showtopic=127461



DecisionSuccessful
Assessor NameAdele Ditchfield
Assessor summary of operator case
The Parking Charge Notice (PCN) issue reason is maximum 90 minutes free parking.

Assessor summary of your case
The appellant says no grace period has been considered. The appellant says the Notice to Keeper was not compliant. The appellant says signage is hidden so no contract was entered. The appellant says there is no evidence of Landowner Authority. The appellant says ANPR cameras are unreliable and inaccurate. The appellant has provided images showing signage and the car park.

Assessor supporting rational for decision
The appellant has identified as the driver of the vehicle on the day of the parking event. As such, I am considering the appellant’s liability for the PCN, as the driver. The operator has provided photographic evidence of signage in the car park that states, “90 MINUTES MAXIMUM STAY…STARBUCKS CUSTOMERS WHO WISH TO STAY LONGER MUST OBTAIN A PARKING PERMIT INSIDE THE RESTAURANT…IF YOU BREACH ANY OF THESE TERMS YOU WILL BE CHARGED £100”. Part of the appellants appeal is that the operator does not hold Landowner Authority. The operator has not provided evidence that demonstrates they have authority to issue PCN’s on this land. In terms of POPLA appeals, the burden of proof rests with the operator to provide clear evidence of the contravention it alleges occurred, and consequently, that it issued the PCN correctly. Upon consideration of the evidence provided to POPLA, I cannot determine the terms and conditions of the car park were breached. As such, I conclude that the PCN has been issued incorrectly. Accordingly, I must allow this appeal

This post has been edited by nikkietoni: Mon, 24 Jun 2019 - 13:35
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