Vehicle Valisation System problem

[spuddie64]

I have received a “Parking Charge Notice – Notice to Keeper” from Britannia Parking and need some advice.

The car park in question has a logging in system to register the Vehicle Registration Number which I duly did. I also received an on-screen message to confirm the vehicle was successfully logged and didn’t think anymore of it until I received this PCN of course! The machine does not have the capacity to print a confirmation receipt or send confirmation by SMS to a mobile device.

The PCN also mentions the Protections of Freedoms Act 2012 Paragraph 9(2)(b) of Section 4 where I need to provide the drivers details.

I am trying to get in touch with the owner of the property to ask if they would kindly contact Britannia to cancel the PCN but to be honest I don’t hold out much hope for this as I’m struggling to get hold of anyone with any authority to do this.

My only other option is to appeal to Britannia Parking on the basis I did comply with validating the stay but their system is incapable of providing the driver sufficient proof that I did so. I was going to state something like this:



The driver of the vehicle states they validated the Vehicle Registration Number shortly after entering the car park on one of the 2 logging in screens installed in the building. The driver stated the system showed an on-screen message to confirm the vehicle details were logged successfully and therefore believes did comply with Britannia’s Car Park Terms and Conditions.

The driver has also stated that the log in screens do not have the capability to print a receipt or forward an SMS message to a mobile device in order for the driver to check the details actually logged are correct and also to provide as proof where there is a dispute such as this. It is also well documented that there can be errors with a digital electronic system.

In these circumstances the Parking Charge Notice is unfair and unjust on the basis that a driver is never provided with any form of confirmation that the car was logged correctly because Brittania’s system is incapable of doing so and therefore request the notice be cancelled. The driver’s details will therefore not be divulged.




Does this sound ok and do I need to add/amend anything? Also, when should I make the appeal? ASAP or leave to the last minute?

Thank you!

[des8]

You can but try, but do not expect them to accept your driver's version.

If you upload a copy of the redacted PCN to a hosting site and post link here, we might note failures by Britannia which could be added to your appeal.

You have obviously realised not to identify the driver when communicating with them, but also avoid doing so on here.
Parking Companies also read these forum!

[spuddie64]

Many thanks for your prompt reply Des8

I have uploaded a copy of the PCN as requested and no I won't identify the driver!

Hopefully Britannia have made some failures which will help.

[des8]

You could add (because showing the times of entry & departure does not specify the period of parking):

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to specify the period of parking to which this notice applies as prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

They have also failed to " invite the keeper .... to pay the unpaid parking charges" as mandated in
PoFA2012 Sch 4 sec 9 (2)e.
I wouldn't bother mentioning that at the moment, as they are most unlikely to accept your appeal anyway.

If you intend to fight this to the bitter end, you will probably need to appeal to the independent(??) appeals association
and when they reject your appeal, then defend the claim in court.

[spuddie64]

Thank you for the time you have take to read the PCN and for your detailed reply Des8.

I have been trying to locate the landowner to see if they will cancel the notice but I’m struggling to at the moment.

So….. as I understand it, I would make an appeal (which will be rejected), then appeal to POPLA (which will also be rejected) and then it will get passed on to the debt collection agencies and that’s when the really nasty letters are sent. Do these agencies ever give up the pursuit?

[des8]

If you get the right adjudicator at POPLA you could well be successful there.
If it goes to debt collectors my advice is to respond to their first letter telling them the alleged debt is disputed and they should return the matter to their principals. All subsequent letters can be ignored.
You will then probably receive a letter before claim which you defend, as you can the subsequent court claim
Often the parking companies bottle out and discontinue just before the hearing.
If they don't, then defend it in court .... sounds scary, but isn't really!

Have you approached the club to see if they can/will have the charge cancelled? Might be worth a shot.

[spuddie64]

Thank you for your very prompt answer Des8

It does sound very scary but I’m adamant I couldn’t have done anything different that day so I am going to fight it. There are signs everywhere in the club reminding people to register their vehicle so it’s not something I could have forgotten to do.

I’ve sent a couple of emails to the email addresses that I found on Facebook and some marketing literature but not had a reply yet. I’ve also been down there a couple of times to see if the manager was there but he wasn’t and also left answerphone messages without success. I’ll probably write to the directors listed on Companies House and then my options to make contact are exhausted. I understand he owns other establishments and doesn’t visit this one very often

I do plan to go down there again and take some photos of the notices outside and the logging in machines just in case I need them in the future.

[spuddie64]

I’m just checking Des8 that the section numbers you quoted on one of your previous replies are the same ones ie. 9 (2)e.

It looks like I’m going to have to appeal. I’ve tried contacting the manager to see if he will cancel the PCN without success unfortunately.

[des8]

Sorry
failing to specify a period of parking 9 (2) a
failing to " invite the keeper .... to pay the unpaid parking charges" 9(2)e

[spuddie64]

Thank you

Am I right in thinking the ANPR photos should have the date/time on them and also that there should have been a photo of the car actually parked included on the PCN?

I’m trying to come up with some more things Britannia have done incorrectly to substantiate my case!

[spuddie64]

Thank you

Am I right in thinking the ANPR photos should have the date/time on them and also that there should have been a photo of the car actually parked included on the PCN?

I’m trying to come up with some more things Britannia have done incorrectly to substantiate my case!

I believe this is included in the BPA Code of Practice.

[des8]

Britannia need to prove your vehicle was in the car park, and it was parked for the stated period.

Their undated untimed photos don't actually prove that, but that does not mean they have acted "incorrectly"

It doesn't matter what you add to your appeal, Britannia are almost certain to reject it, so I wouldn't waste too much time on it.