Parking charge notice

ManxRed

Not 100% certain but I believe they are charged as soon as you appeal.

2ddesign

Hi As expected my soft appeal to Vinci Park was rejected, the reasons are as follows.
1) As with any pay and display car park the terms "Pay & Display" are both equally important and both have to be honoured in order for parking to be authorised.
2)Purchasing a valid ticket doesn't automatically cover your parking; it also has to be displayed clearly in order to be deemed as valid.
The photos of my car supplied show the ticket on the dash board but unfortunately it is upside down, although it still had an hour and twenty minutes on it when the notice was issued.
A POPLA appeal form has been sent with the verification code added.
In what way should my appeal be worded to get the best result under these circumstances?
Any suggestions would be welcome, thanking you in advance!
2ddesign

Coupon-mad

2ddesign wrote: »

Hi As expected my soft appeal to Vinci Park was rejected, the reasons are as follows.
1) As with any pay and display car park the terms "Pay & Display" are both equally important and both have to be honoured in order for parking to be authorised.
2)Purchasing a valid ticket doesn't automatically cover your parking; it also has to be displayed clearly in order to be deemed as valid.
The photos of my car supplied show the ticket on the dash board but unfortunately it is upside down, although it still had an hour and twenty minutes on it when the notice was issued.
A POPLA appeal form has been sent with the verification code added.
In what way should my appeal be worded to get the best result under these circumstances?
Any suggestions would be welcome, thanking you in advance!
2ddesign

Like I advised this poster yesterday really:

https://forums.moneysavingexpert.com/discussion/comment/60197989#Comment_60197989

Do some reading and draft your POPLA appeal here first for us to help with, you can win this. In addition you'd do well to take photos of any places where there's no signage (the entrance?) or of any signs which do NOT say 'display' is a requirement.

In fact you could show us a pic of their signs and we'll check it.

Also read the BPA Code of practice and look for any breaches such as summarised here by Parking Cowboys:

http://www.parkingcowboys.co.uk/keeper-liability/

For POPLA you want as many points of challenge as possible; the PPC only have to fail to provide one bit of evidence to refute your points and you are likely to win.

Final point - have you tried going in with all this harassing letters and COMPLAINING to the retailer on site? The Store Manager? Or was there no single retailer?

Complain to 'Land Securities' then about this harassment, why not (in writing and quickly but don't mention that the case is now about to go to POPLA, just word it quite naively as a normal 'fed up motorist' saying Vinci seem to have refused your reasonable appeal and you are sure this sort of aggressive ticketing of legitimate paying visitors cannot be Land Securities' intention). Worth a letter because what would be amusing would be if they said 'OK we believe you, we'll tell Vinci to cancel this one' and then you appeal to POPLA at Vinci's expense showing that the landowner has already agreed to cancel it!

2ddesign

Hi Coupon mad, what is the best way to post images on this site as there are 5 jpg's to upload? Also I have a word file to send of my appeal letter to date, could this be sent to you directly?

Land Securities is a very big investment company much removed from Cardiff. So a letter to them might not get to anyone who can help! As a new user I cannot post a link to a web site, so split the link,eg http://
landsecurities.com/about-us

Thanks
2ddesign

Coupon-mad

I know Land Securities is big, don't be put off, maybe phone them first and ask for a name to send a complaint to about that car park site! I advised someone the other day to send a Letter Before Action to Standard Life Investments (as they were part owners of a retail park) and they are MASSIVE! I just Googled them (Standard Life) and the name of the car park and easily found a name to address the complaint to, from an old newspaper article...you can do the same.

You are best not sending a pm to individuals as it's best if everyone sees it and can advise. Just post a broken link because this MSE forum won't let you post links as you haven't got enough posts yet. Remove the http (to post a BROKEN link here) after hosting your document image on tinypic, photobucket or similar free image hosting website.

Or try a complete 'copy & paste' of the wording, into a reply here.

2ddesign

Hi Coupon mad here is a link to the pictures in the car parking area.

http://
i1297.photobucket.com/albums/ag40/2ddesign1/Entrancearea_zps7de39b35.jpg

Thank you for your help!

2ddesign

Guys_Dad

2ddesign wrote: »

Hi Coupon mad here is a link to the pictures in the car parking area.

http://
i1297.photobucket.com/albums/ag40/2ddesign1/Entrancearea_zps7de39b35.jpg

Thank you for your help!

2ddesign

Look at close-up 1. This reads "If you park in this car park, you will be liable to pay in full the applicable charges without set-off or deduction"

Right outside BPA COP !

Also point 10 on the same notice board says you will be liable for the charge on the PCN, but they don't specify what that amount will be. Totally unfair contract terms. How can you agree to any potential charge without knowing in advance what it is likely to be and you wouldn't know unless you got a PCN !

Main sign " Parking Charge Notice of up to £100". Again rubbish and non compliant.

The signs say that if you don't pay within 28 days, you will be liable for UP TO a £100 charge, but don't say what you have to pay if settled in less than 28 days.

It is precisely this sort of slipshod signage that will, or should, cause them to lose in any adjudication or open court.

Worst signs I have seen. I would love them to try and take this to court.

2ddesign

Hi Guys Dad, thank you for the information, are your points relating to the signs covered in the BPA code of practice(2) ? Can you give me the page number and other details please, is it this on pp25:

A8.2 Entrance signs, located at the entrance to the car
park, must tell drivers that the car park is managed
and that there are terms and conditions which they
must be aware of. Entrance signs must meet minimum
general principles and be in a standard format. The
size of the sign must take into account the anticipated
speed of vehicles approaching the car park, and follow
Department for Transport guidance.

A8.3 Signs must be conspicuous and legible, and written in
intelligible language, so that they are easy to see, read
and understand .

Thank you for your help!
2ddesign

nigelbb

The tiny writing on that sign is far too small even for the BPA CoP. Look in Appendix B Mandatory Entrance Signs for all the details for compliance http://www.britishparking.co.uk/write/Documents/AOS/BPA_CodeofPractice_2013_v1.pdf

Guys_Dad

2ddesign wrote: »

Hi Guys Dad, thank you for the information, are your points relating to the signs covered in the BPA code of practice(2) ? Can you give me the page number and other details please, is it this on pp25:

A8.2 Entrance signs, located at the entrance to the car
park, must tell drivers that the car park is managed
and that there are terms and conditions which they
must be aware of. Entrance signs must meet minimum
general principles and be in a standard format. The
size of the sign must take into account the anticipated
speed of vehicles approaching the car park, and follow
Department for Transport guidance.

A8.3 Signs must be conspicuous and legible, and written in
intelligible language, so that they are easy to see, read
and understand .

Thank you for your help!
2ddesign

Ok this URL http://www.britishparking.co.uk/write/Documents/AOS/BPA_CodeofPractice_2013_v1.pdf

then

1. APPENDIX B Signs page 27 for the BPA requirements.
   
2. See also page 10 section 18 Signs
   
3. You will see a reference to paragraphs in the Schedule in Appendix C particularly tat schedule's point 12. This is the Govt requirement that PPCs follow the signage standards set up by the BPA