Car Park Barriers

RENEGADE_2

Yes I'd like to know too, if it isn't too far to drive I intend to game their little system. Sorry if this goes against recommended codes across MSE.

dggar

TKA25 wrote: »

Local private car park controlled by a PPC:-

Prior to 1st January, any vehicles not displaying a valid ticket, parked outside a marked bay, not displaying a disabled badge or exceeding their allowed time was given a PCN. However, the company found that too many people ignored their £80 invoices, so they adopted a different approach.

Prior to the 1st October, any vehicles not displaying a valid ticket, parked outside a marked bay, not displaying a disabled badge or exceeding their allowed time was clamped. The release fee was £100 and could only be paid in cash.

They have now introduced a barrier system. When you drive in, your VRN is captured on ANPR and the barrier lifts. Just before the barrier is a large sign stating "by entering this car park, you agree to pay a £90 charge prior to exiting if you do any of the following" and then lists the infringements. You then park up and purchase a ticket from a new machine for the length of time you require. If you don't display your ticket, park outside a marked bay, don't display a disabled badge or exceed your allowed time, the parking attendant issues your vehicle with a PCN (invoice) for £90 payable immediately and records you're VRN on the ANPR system. ............

?

Was this a Pay & Display park prior to the barriers being installed?

Is it a Pay & Display park now?

Are parking charges displayed prior to passing the barriers on the way in, with adequate space to turn arround if you choose not enter the car park

Has the barrier system (and ANPR)only been installed since 1st Oct.

peter_the_piper

As far as I can understand, this system falls foul of the unfair terms legislation in that you are entitled to an appeal and this system denies you that right. Same applies to the recent legislation about appealing and popla.

Aretnap

peter_the_piper wrote: »

As far as I can understand, this system falls foul of the unfair terms legislation in that you are entitled to an appeal and this system denies you that right. Same applies to the recent legislation about appealing and popla.

Which legislation would entitle you to run an appeal in these circumstances? The Protection of Freedoms Act doesn't. Setting up POPLA was a condition which the government imposed on the BPA for implementing Schedule 4, which governs keeper liability for unpaid charges and isn't relevant here. There's no general right in law to "appeal" against a fee you don't think you should have paid, other than by taking court action.

peter_the_piper

http://popla.org.uk/makinganappeal.htm

Worth a read.
And the RK/driver does not take court action, its the ppc who takes action against the driver/rk.

Aretnap

peter_the_piper wrote: »

http://popla.org.uk/makinganappeal.htm

Worth a read.

Don't see what's relevant

POPLA may only consider appeals against a parking charge notice issued on or after the 1 October 2012 by a member of an Accredited Trade Association (ATA). At present, the only ATA in place is the Approved Operator Scheme (AOS) administered by the British Parking Association (BPA).

If the car park operators aren't BPA members (and they'd have no need to be, as they don;t need access to the DVLA database) then you can't appeal to POPLA.

And the RK/driver does not take court action, its the ppc who takes action against the driver/rk.

Not if the RK/driver has already paid.

Sirdan

Aretnap wrote: »

Don't see what's relevant

If the car park operators aren't BPA members (and they'd have no need to be, as they don;t need access to the DVLA database) then you can't appeal to POPLA.


Not if the RK/driver has already paid.

Totally agree this is basically "clamping by barrier" just as before the clamping ban you can not appeal before you pay , you have to pay and then counter claim against them.

I don't see plod being interersted in the "aggressive commercial practice " angle at all. They will say that if the sign clearly says PCN for the following reasons which MUST be paid before the barrier will raise then that is a civil contract matter ..or in other words more fool you for parking there .

It is similar to a garage overcharging for a repair ..you have to pay or you don't get the car back ..then you sue them.

Sirdan

taffy056 wrote: »

I disagree, yes there is an exemption, but it doesn't allow them to extort money off people without any appeal procedure. This is illegal its that simple

No it isn't ..where does any LEGISLATION say that there has to be an appeal procdedure ...only in POFA for keeper liability ..and these scamming cowboys don't need the keeper details as they have you the driver stuck there till you pay ...just like clamping !

taffy056

Sirdan wrote: »

No it isn't ..where does any LEGISLATION say that there has to be an appeal procdedure ...only in POFA for keeper liability ..and these scamming cowboys don't need the keeper details as they have you the driver stuck there till you pay ...just like clamping !

It's a penalty so it's not legal, no matter how you dress it up with the barrier exception it's a penalty, so it is illegal and as there is no appeal in the circumstances of this it's an unfair contract, I would think parking the vehicle across the entrance or exit of the car park would be sufficient self help that they cannot do anything about.

ripped_off_driver

I doubt that this is a real case but am happy for the OP to come back and prove me wrong. Reads like a hypothetical "what if" scenario to me. In reality if such a system was implemented then drivers who refuse to pay would just jam up the car park, tempers would fray, the car park would descend into chaos and the operator who thought up this super new system would be out on their ear. And I can't see the barrier lasting very long either.