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Thank you.
I've managed to redact their submitted evidence and uploaded here.

Here's the PCN that was issued https://ibb.co/album/Hp1RMf
Here is their evidence pack sent to POPLA. https://ibb.co/238C06R

Please see posted earlier but here for ease of reference:
https://ibb.co/YDCg3MJ operator's response.
Operator Contract https://ibb.co/F5vKLGJ
Operator's Photo Pack https://ibb.co/WDXCx6f
Sunday evening is my deadline to submit my comments to their evidence.

I received a link to the operator's evidence pack on Monday so I need to reply by Sunday night.
Please see operator's response here.
Operator contract.
Operator's Photo Pack.

My response in draft. Also below.

I write in response to Premier Park Ltd’s (PP) evidence pack.

The PCN does not comply with POFA 2012 Para 9(2)(a) as it fails to name the relevant place. See para 1 of my appeal.

This road is North St. It is not Market Hall. The post code named as the “relevant place” CV21 2JR is Market Place and is over 100ms from the road between 9 (Nat west) and 11(vacant) 13 (New Look) North Road CV21 2AH which is the location of the road in the photos.

PP may monitor the road, but the fact remains that the address stipulated on the PCN is incorrect.

My para 3 has not been rebutted. The Order Form is not signed by the landowner. There’s no proof that the Customer named on the Order Form is the landowner of this road. There’s no land owner contract showing the landowner’s signature, name of the authorised signatory, director or secretary.

There is no proof that the “Customer “has the authority of the landowner. There is no proof of whether the Order Form/Contract was signed by the Owner, authorised representative or managing agent. There is no visible name or signature. The document was valid for a year.

PP have not provided evidence to rebut my para 9 regarding alteration of photos. This violates British Parking Association (BPA) Code of Practice Section 21.5a. As these are not the original images, the NtK is therefore invalid. PP Limited should have produced evidence of the original "un-cropped" images containing the required date and time stamp to evidence where the photographs show the car to be when there is a lack of any marker or sign to indisputably relate these photos to the location stated. They must prove the above statements otherwise. Alteration to any degree is prohibited and calls all images into question rendering the NtK non-compliant. February 2024 POPLA decision citing similar issue as reason for allowing the appeal. Code 2413353469

PP has not proved the accuracy of their camera’s timing to rebut my defence. See para 10. Surveillance cameras whether APNR and CCTVs must be independently calibrated, audited and checked. PP is put to strict proof that the surveillance system has not failed motorists within this site. It cannot be assumed that the camera and timing is correct. I’m not a surveillance operative. I use APNR to mean cameras used by parking operators to record cars. I was not driving so I don’t know what type of camera was used.

It is unreasonable to expect the driver to park and call to find out the privacy policy. This will only further allow PP to claim parking or waiting in a no parking zone. It will take the driver considerable time to search online and read the policy. Perhaps this is what the driver was doing at the time. The text on the sign is too small.

 

PP have not provided any photo showing the driver exiting the vehicle yet the PCN was issued for “Parking In A No Parking Area” and for “parking in breach of parking terms”.

The PCN should have been worded as “Waiting” as there is no proof the driver left the car at any time. They have showed the car waiting but the PCN claims “Parking”.

There was no entry sign and this makes driver susceptible to driving in as prey. PP state that their entrance signs are compliant with BPA but there’re no warning entrance signs. They also state an entrance sign is included in the image pack but as can be seen there is none.

Para 12. There is no proof of consent to advertise on the signs nor of Planning Permission. This is a criminal offence and POPLA should not allow PP to benefit from illegality.

PP have failed to establish keeper liability as the Notice to Keeper was not fully compliant with POFA 2012 legislation. They have failed to comply with paragraph 8, section (2)(a) which very clearly states: specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates.

The Order Form is not signed by the landowner. There’s no proof that the Customer is the landowner of this road. There’s no land owner contract showing the landowner’s signature, name of the authorised signatory, director or secretary.

The photos supplied of the signs are stock copies of signs instead of photos of the actual signs on site. The remainder are from over two years ago. They’re unclear, illegible, nothing to show how close the car was to a sign and apart from the entrance photo are of another location. See my paragraphs 4 and 5.

I'm on the road all of today but shall work on it on Saturday.

 I'll be most grateful for your comments.

If anyone can please confirm my last day for submission.
Here is the back of the Ntk.

Thanks.

Dear all,

Please see link to my POPLA appeal.

Your comments will be most appreciated.

I understand some are of the view there's no point but as I already missed the discount I thought to give it a shot.

PoPLA code received 26th Feb so I assume I have till Friday but prefer to submit tonight please.

Thank you.


Link to NtK here.

The the parking firm under an obligation to write the correct address on the NtK?
Using Land Registry's Map Search there isn't any such address under that title. The closest is
MANAGEMENT SUITE, 19 MARKET MALL, THE CLOCK TOWERS SHOPPING CENTRE, RUGBY CV21 2JR
The NTK says Rugby Central Shopping Centre 19 Market Hall CV21 2JR. 

How do I prove there's no such place as 19 Market Hall at the Shopping Centre and if there is it's not where the car is photographed?
I've put together screenshots from the Land registry's site showing the closest description to the address on the NtK amongst the addresses listed under the title.

My appeal was rejected.

Below is their response.  I'll draft my POPLA appeal and post for comments.

PAYMENT DUE DATE: 11th March 2024

TOTAL AMOUNT DUE: £60.00

 

Dear xxx           

 

Thank you for your appeal against the above Parking Charge Notice (PCN) on behalf of the driver. We have carefully considered your appeal, however on this occasion the appeal has been rejected for the following reason;

                                                                                                                         

Whilst we note the comments and reason for appeal, as per our photographic evidence, the vehicle was parked in contravention of the advertised terms and conditions. As the vehicle was parked in an area where no parking is allowed, we can confirm that this PCN has been issued correctly.

You have now reached the end of our internal appeals procedure and therefore you now have two options; you can either pay or appeal to POPLA - you cannot do both:

You can pay the total amount due as shown above via the following payment options;

Call us on: 01302 513232
Pay online: www.pcnpayments.com
Send a postal order: Premier Park Ltd, PO Box 624, Exeter, EX1 9JG
Or, you can appeal to an Independent Appeals Service, POPLA (Parking on Private Land Appeals) using the POPLA reference code provided above. Please note, should you decide to appeal to POPLA and your appeal is subsequently rejected or you withdraw your appeal, the option to pay a discounted amount will no longer be available and the full amount of the PCN will become due. Please note, if you pay the PCN prior to appealing to POPLA, your appeal will be withdrawn as you will have accepted liability in full.

If you decide to appeal to POPLA, you will need to visit their website, www.popla.co.uk where further details of how to appeal (either online or by downloading the relevant forms) can be found. If you are unable to access their website, please call us for further information on how to obtain the forms. Please ensure your POPLA Reference Number, as noted above, is quoted on all correspondence to POPLA. You have 28 days from the date of this email to submit an appeal to POPLA. If you appeal to POPLA we will suspend recovery activity on the PCN and the charge will not increase until the appeal has been determined.

 By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.

If you do not make payment or submit an appeal to POPLA within the relevant timeframe, the outstanding PCN may be passed to our appointed debt collection agency for further action. All costs associated with this process will be added to the amount outstanding.

Noted. Shall remove the reference to the restaurant.
Is there any disadvantage to sending the appeal today? Ie 14 days not waiting till about the 28th day?