Show Posts - yorkshirepudding

Thank you.  I think this was thanks to the operator being arrogant and supplying a bog standard pack of evidence, which did not include photos of both car park entrances and contained lots of irrelevant evidence!  Thanks to everyone who has added info to this site, I was able to search through and find relevant paragraphs to compile a response for the Registered Keeper to submit.  Also reading other threads helped me understand how to actually compile an appeal and what the assessor would be looking for.  Here is the POPLA outcome:Decision SuccessfulAssessor Name Spencer LawrenceAssessor summary of operator caseThe operator has issued the Parking Charge Notice (PCN) as the parking session expired on was unpaid.Assessor summary of your caseThe appellant has provided a detailed account of events. For the purpose of my report, I have summarised the grounds into the following points and have checked each point before coming to my conclusion. The appellant states that: • The signage is not compliant with the Protection of Freedoms Act (POFA) 2012 as the operator is not displaying a geographical address under The Companies (Trading Disclosures) Regulations 2008. • The signage at the entrance is poorly displayed. • The signage was not clear. • There is no planning permission for the **** of cameras, poles and signage. The appellant has commented on the operator’s evidence reiterating the grounds made in their initial statement. Additionally, they state that: • The signage at the eastern entrance is not prominent, the operator has only provided evidence of the entrance signs from the western entrance. • Social media has shown several instances where drivers have received similar charges. The appellant has provided the following evidence to support their appeal: • Image of entrance. • Close up of sign. • Image of sign.Assessor supporting rational for decisionI am allowing the appeal for the reasons outlined below: When an appeal comes to POPLA the burden of proof begins with the operator to evidence that the PCN has been issued correctly. In this case the operator has issued the PCN to the driver as the parking session expired on was unpaid. In their grounds the appellant has disputed that there was clear and compliant signage alerting them to the terms and that the terms were not made clear on entry. Whilst I acknowledge that the appellant has raised other grounds of appeal and evidence, my report will focus solely on the signage as this supersedes all other aspects of the appeal. The Private Parking Sector Single Code of Practice (The Code) sets the standards its parking operators need to comply with. Section 3.1.1 of the Single Code of Practice states that there must be an entrance sign displayed and maintained at the entrance to the site, to inform drivers whether parking is permitted subject to terms and conditions or prohibited. It is the duty of the operator to fully rebut the appellant’s grounds. As the appellant has queried the signage on site, the onus is on the operator to prove that there was an entrance sign on site that directed the appellant to the further terms and conditions prior to the parking event and is legible. Section 3.1.1 (a) & (b) states that there may be circumstances where an entrance sign is impractical, but I do not believe this site falls under these categories. The appellant has advised that there were two entrances to the site and that the entrance they used did not have an entrance sign – the operator’s site map confirms there are two entrances. The operator has provided evidence of entrance signage in situ however, this is for the western entrance and not the eastern entrance where the driver entered, as confirmed in the ANPR images. The operator has therefore provided no images of entrance signage in situ for this entrance. Though I note that from the ANPR images there is certainly a sign affixed to the same pole as the exit sign, I cannot see what this states and whether it complies with the requirements of entrance signage with all the necessary information. Based on the evidence provided to me, I am unable to determine whether the operator has complied with Section 3.1.1 to rebut the appellant’s grounds. I therefore cannot be sure that there was any clear and compliant entrance signage in situ on the day the driver parked at the entrance to the site they used. As such I cannot conclude that the PCN has been issued correctly, and I must allow the appeal.

HiI would just like to update this thread and let you know that an appeal submitted to Popla on this case has been successful.  I gave the registered keeper paragraphs found on this site that appeared to match the situation, and the assessor has upheld the appeal.

Just to advise, the registered keeper has now sent an appeal using information provided on this thread and elsewhere on the site.

Thank you for your reply.The Registered Keeper is fully aware, the appeal to operator was done in their presence.

Quote from: H C Andersen on 27 Apr, 2025 16:52Where's the RK's appeal pl?Was this done online and was it clear that the appeal was coming from the RK?The appeal is still being written.

Does anyone know if ANPR pole mounted cameras on private land need planning permission please?Just clutching at straws for more info for POPLA appeal!

Thank you for taking the time to reply.

I have 3 days to get the POPLA appeal in, can anyone advise if I am just focussing on the lack of registered address on the signage or if any other information will strengthen this case please?

Apologies, baroudeur, I didn't realise there was another reply.The third ticket was in Willington, near Station road.Yes, I noticed the Police HQ, indeed ironic.

Can anyone help with a POPLA reply please?

Thank you for your reply, and all the advice given.  We will approach the police as you suggest but I don't hold out much hope!  He might be looking at clean licence to 9 points all in the space of half an hour  Thanks again.

OK, thank you, will try calling them to see if they will merge the two.The road is Woburn Road, in Kempston, one offence was southbound, the other an minute later was northbound.  It's just off the main junction with an A road, and I can see now it looks like a 30 road as well   No idea how he's managed to go through the same set of speed cameras both ways within a minute.Edit:  I've just found the speed camera on street view, it's a regular speed camera, not integrated into traffic lights. 

Thank you for your reply, and information given.How would we go about asking the police informally please?  I have looked at the roads on street view (I'm not the driver and he was lost so cannot remember where he was) and they are the sort of roads I would expect to be 40 mph A road and three lanes wide etc.

Quote from: Dave Green on 15 Apr, 2025 12:12Is the driver the registered keeper of the vehicle concerned?, do they have physical possession of the V5c registration document? and if yes to both of the above, can they confirm that the address shown on the document is 100% correct for where they are now living?Yes, all info correct, the speeding ticket for one minute later was actually received well within the 14 days.  I cannot see a reason why this one took so long, we have had mail delivered every day in the past week.

Quote from: JustLoveCars on 15 Apr, 2025 12:05Quote from: yorkshirepudding on 15 Apr, 2025 11:48One ticket was received last week, 10 days after the offence, the other today and 15 days after the offence.When was the second one dated?  (Regardless of any 'late' NIP* the s172 request to name the driver must still be complied with)* If the letter is dated to arrive within 14 days then it is notoriously difficult to evidence the fact it didn't arrive in a timely fashionWere the camera's on a continuous stretch of road, any change of limits, turns etc.?The second letter, received today, was dated 7th April, the road looks to be a large multi lane traffic island incorporating a major A road, the driver assumed it was at least 40 but it looks like 30 from street view.  The speed cameras are incorporated into the traffic lights by the wording on the NIP.  The driver is unfamiliar with the area, and Bedfordshire as a whole, and was just navigating through to the airport to collect friends.