Smart Parking Fine - ASDA store, Bootle, Merseyside.

[mystery1]

Re: Smart Parking Fine - ASDA store, Bootle, Merseyside.

I am quite confident that the notice to keeper is non compliant and you should win as they have no clue who the driver was.. There is no guarantee though.

Parkingeye are the closest to a compliant NTK and the balance is 50/50 whether to pay when a discount is in play whereas MET and Smart, I think, are screwed.

M1

[Mac0151]

Re: Smart Parking Fine - ASDA store, Bootle, Merseyside.

Hi Mystery1

We've received Smart Parking's evidence re: PCN. They've seen fit to send an aerial photograph indicating where their signs are positioned and also close ups of the main parking bay signs. From my point of view this is misleading, because driving into the store is a busy intersection, so we missed the initial sign at the entrance and then made our way to the disabled bay. The sign at the disabled bay made no mention of there being a limited time period for blue badge holders and as we weren't aware of the new parking restrictions in operation, we didn't go looking for further signs (the nearest being at least 50 feet away and at the top of a pole, not clearly visible from where we were standing). Can I respond to this counter evidence, as I feel it is misleading? Thanks!

[mystery1]

Re: Smart Parking Fine - ASDA store, Bootle, Merseyside.

https://www.popla.org.uk/uploadevidence.htm

You can submit further evidence at that link. Did they say anything about keeper liability ?

M1

[Mac0151]

Re: Smart Parking Fine - ASDA store, Bootle, Merseyside.

Hi Mystery1

Sorry for the delay in responding, difficult day. I have twenty two pages to read through, but on first scan, the attached seem to make reference to keeper liability.

[Mac0151]

Re: Smart Parking Fine - ASDA store, Bootle, Merseyside.

Sorry [MENTION=5354]mystery1[/MENTION], the second attachment failed to load. This also seems pertinent. Many thanks for your time.

[mystery1]

Re: Smart Parking Fine - ASDA store, Bootle, Merseyside.

Hi Mystery1

Sorry for the delay in responding, difficult day. I have twenty two pages to read through, but on first scan, the attached seem to make reference to keeper liability.

I wish to add to my appeal.

The operator contends that the notice to keeper follows all BPA guidlines and Pofa then states thatr a notice to keeper has not been issued which is a clear contradiction.

(add about signs)

M1

[Mac0151]

Re: Smart Parking Fine - ASDA store, Bootle, Merseyside.

Thanks [MENTION=5354]mystery1[/MENTION]. I'll keep you posted.

[Mac0151]

Re: Smart Parking Fine - ASDA store, Bootle, Merseyside.

Hi [MENTION=5354]mystery1[/MENTION]

I've received an email from POPLA. Details attached.

Regards,

Mac0151

[mystery1]

Re: Smart Parking Fine - ASDA store, Bootle, Merseyside.

Looks like October at least then.

M1

[Mac0151]

Re: Smart Parking Fine - ASDA store, Bootle, Merseyside.

It does [MENTION=5354]mystery1[/MENTION]. It's very frustrating having this hanging over us.

[Mac0151]

Re: Smart Parking Fine - ASDA store, Bootle, Merseyside.

Hi [MENTION=5354]mystery1[/MENTION],

Still haven't heard anything back from POPLA in regards to this appeal. Do you know if there was any result in the case between ParkingEye Limited -v- Beavis? We were expecting to hear from POPLA after the Supreme Court case hearing on 09/11/2015.

Best regards and happy new year,

Mac0151

[mystery1]

Re: Smart Parking Fine - ASDA store, Bootle, Merseyside.

Beavis lost. https://www.supremecourt.uk/cases/do...0-judgment.pdf

Popla changed hands and it's chaos with regard to any stayed appeals such as yours. http://parking-prankster.blogspot.co...ny-proper.html

I think it could be a while before the mess is sorted. If you hear anything from anyone let me know.

M1

[Mac0151]

Re: Smart Parking Fine - ASDA store, Bootle, Merseyside.

Thanks for the information [MENTION=5354]mystery1[/MENTION] and of course I'll keep you posted. I really appreciate all your help.

Regards,

Mac0151

[Mac0151]

Re: Smart Parking Fine - ASDA store, Bootle, Merseyside.

Looks like October at least then.

M1

Hi M1,

I've finally received a letter from Wright Hassall Solicitors regarding our appeal. As you can see the letter is dated 07/04/2016. We were given 7 days to supply further evidence (from the date of the letter) and I received this letter last night (12th), when I arrived home late from work. I don't know what other evidence I can supply to the appeal that will support my case? And I don't know how Smart Parking Ltd can expect me to comply with their rules, when I wasn't aware they existed.

Any advice would be most appreciated,

Mac0151

[mystery1]

Re: Smart Parking Fine - ASDA store, Bootle, Merseyside.

Due to short notice, sadly this falls within a working period for me. However this might help. Feel free to edit/add.


Further to my previous appeal i wish to add the following :-






It is worth noting that the previous POPLA Lead Adjudicator, when adjourning cases for the Beavis outcome, stated in 2015:




''It does remain the position that it is for the party seeking to rely on any authority from a case in the higher courts, to explain how they submit it relates to the appeal in question and in particular the matter to be determined.''




I contend that the penalty rule remains firmly engaged and cannot be unlocked merely by Smart parking throwing the Beavis case into the ring.






There is no contract or other evidence to show the operator has authority.




The code of practice states




“4.1 Any organisation or person applying for BPA or AOS
membership must:
• sign a declaration agreeing to keep to the Code and
its principles
• agree to keep appropriate records to show full and
effective compliance with the Code requirements and
to allow a full review of these records by the BPA if
we make a reasonable request “




“7.1 If you do not own the land on which you are carrying
out parking management, you must have the written
authorisation of the landowner (or their appointed
agent). The written confirmation must be given before
you can start operating on the land in question and
give you the authority to carry out all the aspects of car
park management for the site that you are responsible
for. In particular, it must say that the landowner (or their
appointed agent) requires you to keep to the Code
of Practice and that you have the authority to pursue
outstanding parking charges.
7.2 If the operator wishes to take legal action on any
outstanding parking charges, they must ensure that they
have the written authority of the landowner (or their
appointed agent) prior to legal action being taken.
7.3 The written authorisation must also set out:
a the definition of the land on which you may operate, so that
the boundaries of the land can be clearly defined
b any conditions or restrictions on parking control and
enforcement operations, including any restrictions on hours
of operation
c any conditions or restrictions on the types of vehicles
that may, or may not, be subject to parking control and
enforcement
d who has the responsibility for putting up and maintaining signs
e the definition of the services provided by each party to the
agreement”




As can be seen it is a requirement for operators to comply with the code of practice and it must be a condition of a contract that the operator is required to comply with the code of practice. Such a condition would be ineffective if non compliance with the code of practice did not matter. Therefore if the operator does not comply strictly with the code of practice the implications are that the contract is void and the operator has no standing. I believe this is the case and explain the reasoning below.


The operator has failed to follow the BPA code, Section 21.1 of the BPA’s Code of Practice states, “You may use ANPR camera technology to manage, control and enforce parking in private car parks, as long as you do this in a reasonable, consistent and transparent manner. Your signs at the car park must tell drivers that you are using this technology and what you will use the data captured by ANPR cameras for”. while I note that the sign merely advises that the “car park monitored by ANPR systems”, it does not inform the motorist what it is using “the data captured by ANPR cameras for”.




The notice to keeper does not conform to pofa as previously advised. I would further highlight "(d)specify the total amount of those parking charges that are unpaid, as at a time which is—
(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));"
There is no such information on the copy provided in the evidence pack, however this was never received in any event.






I submit this in addition to my earlier submissions.


M1