DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 63723--------------------------------------------------
Assistance with POPLA
DIR By: td89
Date: March 22, 2025, 10:27 am
---------------------------------------------------------
Back in Feb I (as the keeper) got a PCN for the driver
overstaying by 30 minutes, my thread below has the original PCN
details which I unfortunately didn't get any replies to.
HTML https://www.ftla.uk/private-parking-tickets/britannia-pcn-overstayed-dolphin-pub-botley/msg60714/#msg60714
I came across another poster who got a PCN in the same car park
for the same reason, so I used b789's template to appeal via the
Britannia appeal process.
HTML https://www.ftla.uk/private-parking-tickets/britannia-parking-overstayed-3-hour-limit/msg62881/#msg62881
I've now had Britannia's appeal response (attached, redacted of
personal details), could I have some assistance with the POPLA
appeal wording?
[attachment deleted by admin]
#Post#: 63730--------------------------------------------------
Re: Assistance with POPLA
DIR By: Dave65
Date: March 22, 2025, 11:23 am
---------------------------------------------------------
What has been blurred out on the signage?
The PPN does not invite the keeper to pay the charge.
#Post#: 63734--------------------------------------------------
Re: Assistance with POPLA
DIR By: b789
Date: March 22, 2025, 11:47 am
---------------------------------------------------------
I hope you didn't use that linked response to an appeal
rejection as your initial appeal to Britannia! Their appeal
rejection letter suggests you included a load of old cobblers in
your initial appeal with references to their ANPR certification,
their insurance cover, the BPA Code of Practice (superseded in
October 2024 by the PPSCoP), grace periods and other nonsense
such as something to do with night time photos (certainly at
this stage).
What EXACTLY did you say in your initial appeal that that
rejection letter refers to? I don't want paraphrasing. Precisely
what you put in your initial appeal.
Before you get any help with a POPLA appeal, we need to know
what you have blabbed to Britannia. Are they aware that the
Keeper is the driver? Was any reference to the driver made in
the third person? Did you use things like "I did this or that"
or did you use "the driver did this or that"?
#Post#: 63738--------------------------------------------------
Re: Assistance with POPLA
DIR By: td89
Date: March 22, 2025, 12:13 pm
---------------------------------------------------------
--- Quote from: b789 link ---
>
> I hope you didn't use that linked response to an appeal
rejection as your initial appeal to Britannia! Their appeal
rejection letter suggests you included a load of old cobblers in
your initial appeal with references to their ANPR certification,
their insurance cover, the BPA Code of Practice (superseded in
October 2024 by the PPSCoP), grace periods and other nonsense
such as something to do with night time photos (certainly at
this stage).
>
> What EXACTLY did you say in your initial appeal that that
rejection letter refers to? I don't want paraphrasing. Precisely
what you put in your initial appeal.
>
> Before you get any help with a POPLA appeal, we need to know
what you have blabbed to Britannia. Are they aware that the
Keeper is the driver? Was any reference to the driver made in
the third person? Did you use things like "I did this or that"
or did you use "the driver did this or that"?
>
--- End Quote ---
Apologies, I linked to the wrong template. This is the one I
used:
HTML https://www.ftla.uk/private-parking-tickets/britannia-parking-overstayed-3-hour-limit/msg61204/#msg61204
I have only referred to "the driver" throughout, I only mention
myself in reference to my role as the keeper.
I don't know why Britannia have included details around night
time photos, insurance, BPA CoP etc.
#Post#: 63743--------------------------------------------------
Re: Assistance with POPLA
DIR By: b789
Date: March 22, 2025, 1:21 pm
---------------------------------------------------------
Based on your appeal and the contents of Britannia Parking’s
rejection letter, you should issue a formal complaint before
proceeding to POPLA. Their response demonstrates clear failure
to consider or address the specific points raised, and instead
relies on boilerplate wording that in many places is wholly
irrelevant to the grounds of your appeal. This is contrary to
the requirements of the BPA/IPC Private Parking Single Code of
Practice (PPSCoP), which sets clear expectations around proper
complaints handling, fair appeals processing, and data
protection compliance.
Below is a draft formal complaint you may consider issuing to
Britannia Parking’s complaints department. You may submit it by
email to: complaints@britannia-parking.co.uk and CC in yourself
for escalation to the DVLA and the BPA if necessary.
--- Quote ---
> Subject: Formal Complaint – PCN Ref: [XXXXXXX] – Failure to
Properly Consider Appeal / PPSCoP Breach
>
> To: Complaints Department
> Operator: Britannia Parking
> PCN Reference: [XXXXXXX]
> Vehicle Registration: [XXXXXXX]
>
> By email to: complaints@britannia-parking.co.uk
>
> Dear Sir/Madam,
>
> I am writing to raise a formal complaint (not an appeal)
regarding the handling of my appeal dated 18/03/2025 in relation
to the above-referenced Parking Charge Notice. I request that
this complaint be treated in accordance with Section 11 of the
BPA/IPC Private Parking Single Code of Practice (PPSCoP) and
logged formally with a reference number for tracking purposes.
>
> Your response dated 20/03/2025 fails to address the grounds of
my appeal and instead contains irrelevant boilerplate text,
including references to consideration and grace periods, ANPR
camera maintenance, insurance, and BPA audits—none of which were
raised in my original appeal.
>
> My appeal clearly cited specific breaches of Schedule 4 of the
Protection of Freedoms Act 2012 (PoFA), including:
>
> [indent]• Failure to include the mandatory keeper invitation
wording (PoFA 9(2)(e)(i));
> • Inaccurate payment deadlines (PoFA 9(2)(f));
> • Failure to clearly identify the creditor (PoFA 9(2)(h));
> • Doubt as to whether the NtK was actually posted on the
stated date (PoFA 9(4)).[/indent]
>
> I also referenced your non-compliance with the Private Parking
Single Code of Practice (PPSCoP), including the misuse of DVLA
data where PoFA conditions are not met.
>
> Your response does not even acknowledge these grounds.
Instead, it makes generalised assertions without offering any
evidence or point-by-point rebuttal. This strongly suggests my
appeal was either not reviewed at all or was dismissed without
reference to its actual content. Such conduct fails the
requirements for a fair and transparent appeals process as set
out in the PPSCoP.
>
> Accordingly, I put you to strict proof that my appeal was
properly reviewed and responded to by a person competent to
assess legal compliance with PoFA and the PPSCoP. I require:
>
> [indent]1. A full response to the specific PoFA breaches
raised.
> 2. Clarification of the legal entity acting as creditor (PoFA
9(2)(h)).
> 3. An explanation of how the issue date and service of the NtK
is proven.
> 4. Confirmation of whether the appeal was reviewed manually or
by automated rejection.[/indent]
>
> This complaint will be escalated to the DVLA and the British
Parking Association (BPA) if not resolved adequately. I also
reserve the right to present this correspondence to POPLA and
any judge should Britannia be so stupid as to try and escalate
that far, as evidence of Britannia Parking’s failure to handle
complaints and appeals properly and in accordance with your
KADOE contract obligations.
>
> I expect a full and substantive response within 14 days.
>
> Yours faithfully,
>
> [Your Name]
> [Address if required]
--- End Quote ---
You have until 22nd April to submit a POPLA appeal.
#Post#: 68178--------------------------------------------------
Re: Assistance with POPLA
DIR By: td89
Date: April 23, 2025, 1:56 am
---------------------------------------------------------
Bummer, I got a response from Britannia but had a mad few weeks
and pasting it here slipped my mind. It's now 23rd April so I'm
guessing I'm out of luck with POPLA now, regardless of the
complaint?
#Post#: 68185--------------------------------------------------
Re: Assistance with POPLA
DIR By: DWMB2
Date: April 23, 2025, 3:16 am
---------------------------------------------------------
On the off-chance, see if you can log onto the POPLA portal and
if it will let you submit something. No harm in trying.
If it will not, then it is a case of waiting to see if they
decide to take the matter to court, where you will have the
opportunity to defend the matter. Where cases are defended, the
claimant often discontinues before the hearing.
#Post#: 68287--------------------------------------------------
Re: Assistance with POPLA
DIR By: td89
Date: April 23, 2025, 8:07 am
---------------------------------------------------------
--- Quote from: DWMB2 link ---
>
> On the off-chance, see if you can log onto the POPLA portal
and if it will let you submit something. No harm in trying.
>
> If it will not, then it is a case of waiting to see if they
decide to take the matter to court, where you will have the
opportunity to defend the matter. Where cases are defended, the
claimant often discontinues before the hearing.
>
--- End Quote ---
Looks like I can still access the POPLA appeal form using the
code provided. I'm guessing I can just use the same points b789
stated in the original appeal text to Britannia?
Here is the content of the complaint response:
--- Quote ---
> Thank you for your email.
>
> ​Firstly, please see attached a copy of your initial
appeal, a copy of the original Parking Charge sent, and the
proof of postage for this.
>
> From review of the appeal, you have only mentioned points
relating to PoFA compliance and the KADOE contract. In your
appeal response, the team have provided the relevant information
regarding the Parking Charge being compliant, as well as the
reasonings for the Parking Charge being issued. The reasons for
the Parking Charge being issued supports the validity of the
charge being issued, meaning we had full authority to request
your details from the DVLA.
>
> Please refer to the copy attached, showing you had been
notified under PoFA, the option to transfer the liability, and
the time frames for appeal/payment.
>
> I can also see that we responded to your comment regarding the
creditor 'The Parking Charge clearly states the creditor, please
re-read the Parking Charge for this information'.
>
> All appeals are reviewed on a case by case basis, by our
appeals team (staff members) - templated responses are used to
ensure consistency, and to ensure full and correct information
is provided across the board. Individual questions raised that
are relevant to a case as responded to free hand.
>
> Please refer to the copy attached, showing you had been
notified under PoFA, the option to transfer the liability, and
the time frames for appeal/payment - I am happy with the
response provided, and all relevant questions or points raised
have been responded to.
>
> From review of the email trail dated the 22/03/2025, I can see
this has not fully be resolved, therefore can only apologise for
any confusion or frustration caused. I have raised this with our
training and compliance team to review. However, the appeal
process was completed correctly.
>
> From review of this case, I am happy this complies with the
BPA Code.
>
> ​I am willing to allow a further 7 days for payment of
the discounted amount of £60​ - this will expire on the
14/04/2025.
>
> Should you be unhappy with your appeal response, you have been
provided with the option to appeal to POPLA - please ensure the
time frames for this are met to ensure you do not miss the
deadline.
>
> We must also make you aware that all complaints must be
responded to within 21 days, not 14. This time frame has also
been met.
>
> Kind Regards,
--- End Quote ---
Attached to the email are my original appeal, their "proof of
postage" which is a certificate of postage from their Unity5
parking enforcement software, and the original PCN.
#Post#: 68706--------------------------------------------------
Re: Assistance with POPLA
DIR By: td89
Date: April 25, 2025, 3:53 pm
---------------------------------------------------------
Bump - should I just send the POPLA template as mentioned above?
Just conscious I don't have long.
#Post#: 68707--------------------------------------------------
Re: Assistance with POPLA
DIR By: DWMB2
Date: April 25, 2025, 4:01 pm
---------------------------------------------------------
Yes, I assumed you'd do that as soon as you realised the portal
was still open.
*****************************************************
Page 1 of 2
DIR Next Page