Britannia windscreen PCN (late payment) - Basildon, Ashdown Way Car Park 11 - help with popla appeal please

[parkin]

Hello

I come from some other forums that have not been helpful and I hope someone here can provide proper specific guidance.

Here are some background details:

- A NTD was found on the windscreen.
- A few hours late payment was processed few hours later on the same day, but the NTD was already issued few hours earlier.
- An appeal to the company stating that I am regular customer and the payment did not go through but did later *WITHOUT MENTIONING ANY NAME*, was rejected.
- Timeline: the PCN on windscreen was on 10/7, the appeal to the company was rejected and a POPLA code was given on 25/07. They have not sent anything to the keepers address yet. They need to send NTK by 03/09 (I believe) but I need to appeal to POPLA by 23/08 (I believe).

I have taken the following photos from the parking site: link removed - dx
I have seen the photos they have taken from the car. They do not show the area at all nor a parking sign together with the car and the timestamps are within only few minutes and not the duration of the alleged stay.

Can you tell me please:
1) which points I can appeal?
2) what text should I include for each point?

Thanks!

[honeybee13]

Hello and welcome to CAG.

 

Could you copy and paste the questions from the forum sticky, together with your answers, onto this thread please? It will help us to advise you.

 

Best, HB

 

[parkin]

1) The date of infringement? 10/07/2019

 

2) Have you yet appealed to the parking company yet? Yes.

I have not kept the exact text but it is in short 'the payment did not go through and I paid few hours later, I am regular customer, can you please cancel the ticket' without mentioning any name.

I upload their response.

 

3) Have you received a Notice To Keeper?  No.

 

4) Who is the parking company?  Britannia Parking

 

5) Where exactly did you park? Basildon, Ashdown Way Car Park 11

 

appeall.pdf

[honeybee13]

Thank you for the information, I've amended your thread title to add information. People should be along later to advise.

 

HB

[parkin]

anyone please?

 

I need to appeal soon!

[honeybee13]

You have a couple of days in hand before the 23rd. People like ericsbrother should be along later or tomorrow.

 

HB

[lookinforinfo]

Is there a reason you didn't pay on arrival? It is a pity that you paid after the ticket since you would have then been a trespasser which is no business of Britannia but the land owner.  If there was nothing wrong with their payments system then appealing to POPLA is pretty much a waste of time-they don't do mitigating circumstances.

 

For now, totally ignore all correspondence from Britannia, all scummy debt collectors and legal teams [you can make up your own mind whether I included the legal teams as scummy too]. The only letter to react to is if you get a Letter of Claim.

 

In the meantime can you please return to the car park and photograph the sign at the entrance [a close up so we can read their T&Cs] photographs of other signs in the car park especially those that are different from the entrance sign. Take  photograph of the payment meter also since the terms on there are the ones that count. then check with the Council to see if they have been given planning permission for their signs and ANPR [often they don't bother] under Town and Country Advertisements regulations. The planning often is on line now.  Without permission the signs are illegal so they cannot form a contract with motorists.

 

Read other threads on here and look at the parking-pranksters websites too [he has more than one a well worth a visit]. This should help to allay your fears and tha you can avoid being screwed by Britannia. I don't recall any other situations exactly the same as yours but the mistakes made by the parking companies are always sufficient to avoid paying their outrageous claims anyway.

 

So just sit tight and keep us up to date with any correspondence but do not respond to them.  even a letter of claim before getting advice from here as to the best way to handle it.

[parkin]

Why appealing to POPLA is a waste of time? Please note, I did not pay the fine after the ticket, I paid the price for the parking for the day.

 

I have taken the photos you are mentioning, it's in the link of my first post.

 

 

[dx100uk]

fine? where does it say that please?

 

[lookinforinfo]

Parkin I have not seen your signs as I understand that Usee is a porn site with dubious security. We do have our own system which is quite simple to use and I would be happy to look at your pictures of the signs then.

 

I am well aware that you only paid for the day's parking and not the charge on your windscreen.

I note that you didn't say why you didn't pay shortly after arrival. 

 

I imagine that the notices around the car park would expect payment to be made at the latest within 10 minutes of your arrival otherwise you would be in breach of Britannia's terms.

 

As I said POPLA goes by the T&Cs and not mitigating reasons for late payment.

If, as you said, that you had problems paying earlier, you would have a better chance in Court than at POPLA especially as by that time there might be further problems with Britannia's signs, notices  and missing legal permissions that could be pointed out to Britannia whereby they decided not to proceed any further with a losing case.

 

They might not send an NTK if they believe you were answering as the driver which would be a shame since by appealing too early [which is quite understandable though normally a mistake] we may not find out if their NTK was defective. 

[dx100uk]

use one multipage PDF for yout images

read upload

 

link in post 1 removed for safety

 

[ericsbrother]

so in short what time did you pay and how?

you cnat appeal to POPLA without having an appeal to the parking co knocked back so what did you say to them ad what did they say in response?

Edited September 2, 2019 by ericsbrother