**WON!!** Britpark PCN invalid?

[UncleMax]

Hi there Beagles

My wife received a PCN from Britpark (Brittania Parking) as registered keeper of the vehicle in question. She was not the Driver. The "Date of Notice" was 29 days after the "Date of Contravention" (and received by post 3 days after that). The PCN was issued via ANPR evidence. I believe that the PCN may be invalid as notice was issued >14 days after Contravention date? Is this correct?

(Redacted) PCN available if required. What i would like to know is how best to proceed. Appeal, Ignore, other etc?

Many thanks in advance

Max

[Celestine]

Re: Britpark PCN invalid?

Hi Uncle Max

Welcome to LegalBeagles :beagle:

Thanks for posting your query about this PCN. I'll tag [MENTION=5354]mystery1[/MENTION] to take a look.

[ostell]

Re: Britpark PCN invalid?

Yes, with no windscreen ticket the PCN has to reach the registered keeper within 14 days to hold the keeper liable under POFA. However they may not be trying to use POFA and just going after the keeper on the assumption that they were driving.

Can your wife provide reasonable proof that she was not the driver?

Post up a redacted PCN would help.

[UncleMax]

Re: Britpark PCN invalid?

I think that she could + I think it's pretty evident from their photo it was not her.
I think I may know who it was though :-)
PCN attached

[mystery1]

Re: Britpark PCN invalid?

Well, as discussed, they're fecked.

Dear Sirs,




I, as registered keeper, wish to invoke your appeals process. I note your notice to keeper is fundamentally flawed when compared to PoFA 2012 schedule 4 para 9 in several aspects . I was not the driver and am under no statutory obligation to name them and will not do so.




Should you reject my appeal please supply a popla code.




Yours etc




If popla is need let me know.








M1

[UncleMax]

Re: Britpark PCN invalid?

Many thanks M1 et al for looking at this for me.

I have to say, that whilst a bit of me would like a bit of "sport" with these clowns, i'll instead stick to the prescribed response....

Max

[UncleMax]

Re: Britpark PCN invalid?

Round 2: ding-ding

Hi M1 & others

I've attached Britannia Parking's (prompt) reply to my appeal. I've redacted personal info and also the POPLA #.

I think it's a very underhand letter/offer. I would be grateful to get opinion on what to do next, but here are my own observations;

They state that they follow the "BPA code of practice" at all times. Looking at s. B 20.3 of this code, it explicitly states that "As long as the strict conditions of Schedule 4 are met, you may claim payment from the keeper". This is clearly not the case, as they did not issue the PCN (via ANPR) within the stated 14 days (+ other fundamental flaws) as per POFA 2012 para 9.

They re-iterate their belief again that the PCN to be valid and correctly issued later also, but again looking in the BPA code s. B 20.12 it draws specific attention to "meeting the requirements of Schedule 4, para 9 of POFA 2012 - which they have not met!

Does this make their (continued) demand arguably unlawful?

So, what to do next?
How are POPLA likely to treat this if i appeal? I'm guessing that any form of sanction against BritPark for breaching POFA 2012, & the BPA code repeatedly is clearly no deterrent to them.

Many thanks for your attention
Max

[mystery1]

Re: Britpark PCN invalid?

Never seen the pay us only £15 tactic before

Popla will allow an appeal on this. Got another one to do 1st.

M1

[Kati]

Re: Britpark PCN invalid?

Never seen the pay us only £15 tactic before

smacks of desperation to me :nod:

[mystery1]

Re: Britpark PCN invalid?

http://parking-prankster.blogspot.co...a-process.html

unclemaxpopla.rtf

Forgot how easy this one is with the dates :okay:

M1

[UncleMax]

Re: Britpark PCN invalid?

Before considering POPLA - how about this, if only to try to save me some time? (Must say, i'm not sure where to start with those links M1)

I found this doc from the BPA.
http://www.britishparking.co.uk/writ..._Sanctions.pdf

I was clicking through the levels and believe they have made a potential "level 5" infraction - 5.5 Imposition of a Penalty Charge where the law does not allow this. Perhaps i just write back to them first and give them 7 days to cancel the penalty, inform me by email (as per their last comms), or i refer the matter to POPLA (via appeal) and also refer it to the BPA. I might also include this flow chart for them and highlight the word "MUST"....

Thoughts?

[mystery1]

Re: Britpark PCN invalid?

The prankster link shows how to navigate around popla to enter the appeal. The 2nd is the appeal.

As simple as it gets. Guaranteed win.

M1

[UncleMax]

Re: Britpark PCN invalid?

Ok - I've gone through the links now. i really appreciate the hand-holding - but, i have a couple of questions

On the appeal link, surely only 1.(keeper liability) is all that is required for me? 2&3 may be relevant, but i wouldn't want them to detract from my appeal (i'm sure they're tried and tested - but have to ask). last thing i want is to be viewed as vexatious (given it's one of their check boxes) with POPLA.

Also, how do POPLA define "motorist"? Keeper and/or Driver?

Cheers
Max

[mystery1]

Re: Britpark PCN invalid?

1 is all that is required but leave 2 and 3 in.

Motorist does not equal driver. In any event we make it clear that the appellant was the registered keeper and not driving.

"I,as registered keeper, wish to appeal as follows."

"There is no evidence as to the drivers identity and the keeper was not thedriver so the appeal must be upheld."

M1

[UncleMax]

Re: Britpark PCN invalid?

Hi M1

An update;
21/01/16: POPLA appeal submitted
27/01/16: POPLA email received stating case file from Britpark received, and I should have same. I don't. I also have 7 days from this date to upload any further comments to my POPLA appeal.
28/01/16: Email Britpark to advise case file not received. Advised by reply that pack sent on 27th, and should arrive 28th.
30/01/16: Britpark case file received. It contains cover letter, statement (attached - redacted), correspondence between parties and other info including several photos of car park, signage etc.

Obviously, the statement is the relevant bit, and would be grateful of any advice on it's contents.
I think the 6th and 7th para's are the most relevant (exempting themselves from POFA s4 etc). Their statements are also contrary to BPA code which "they follow at all times".

Many thanks for the continued assistance.

Regards
Max