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parking charge in cineplex leaving site advice needed

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13

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  • nuit
    nuit Posts: 17 Forumite
    I just went down and measured the smaller signs. They are 64cm x 44cm with 7mm high text. That should mean they dont meet the bpa regs of 45x45. 1cm under!
  • Coupon-mad
    Coupon-mad Posts: 152,312 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I would just put into your challenge a bit about the signage and BPA CoP breaches, copying from a version on another UKCPS thread perhaps. Here's a pepipoo thread that used a strong enough first challenge for UKCPS not to bother to pursue it:

    http://forums.pepipoo.com/index.php?showtopic=79697&st=0

    ...but do read other UKCPS threads about that 'factual issues' template reply you will get, so you are ready to respond again to wrench a POPLA code out of them.

    HTH
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • nuit
    nuit Posts: 17 Forumite
    this is what is written on the website of the leisure park in which i was parked. notice that there is no mention of walking off site.
    this is one of my main points of appeal in my case along with obscured signs.

    PARKING ENFORCEMENT SCHEME
    We understand that parking at XXXXXX Leisure can be difficult at busy times and advise customers to arrive early to avoid disappointment.

    To help our customers park more easily, we have introduced a new parking enforcement scheme.

    Please note the following restrictions:
    Parking at XXXXXXX Leisure is for visitors to the leisure park only.
    Customers may be asked to provide proof of purchase.
    Please park in marked bays only.
    Blue badge holders only in disabled spaces.
    Please do not park on roadways or footpaths.
    Failure to meet these regulations may result in a Parking Charge notice. Thank you for your co-operation.

    For all parking enquiries contact UKCPS:
    Tel: 0113 245 6080

    For information on parking appeals procedure click here.
  • nuit
    nuit Posts: 17 Forumite
    should i include photocopies of my receipts for the day in my ukcps appeal?

    currently my plan is to include a print out from their website as i posted above as well as copies of receipts and photographs taken in the car park after the event showing the entrance and the signs obscured by trees.
    however i am a bit worried that giving this info back to ukcps may give them time to change it before i appeal to popla which then may weaken my case.
  • Kite2010
    Kite2010 Posts: 4,308 Forumite
    Part of the Furniture 1,000 Posts Home Insurance Hacker! Car Insurance Carver!
    Soft appeal to UKCPS, keep the hard material for POPLA.

    That way UKCPS ends up having to pay up for the POPLA fee
  • nuit
    nuit Posts: 17 Forumite
    is this kind of thing along the right lines or am i going into too much detail in some areas and not enough in others?

    The driver of the vehicle to which you have issued this PCN was a paying customer of multiple venues at the facilities of the car park in question on the day of the alleged 'offence'
    the driver was unaware of the apparent breaking of contract in leaving site on the day in question or would not have done so otherwise.
    In the past the driver has consulted the website of the XXXXXX leisure park and its rules for car park use in which no mention is made of any rule that the paying customers may not walk off site. Please see attached print out of this page from the website which states that:

    parking at XXXXX leisure is for visitors to the leisure park only

    customers may be asked to provide proof of purchase

    failure to meet these regulations may result in parking charge notice

    the drivers proof of purchase is attached to this letter in the form of photocopied receipts.

    Also the sign at the entrance of the car park states that parking is for use of customer only. The driver was a customer.
    The small signs placed around the site also give the impression that it is only non customers that would be ticketed.
    These signs do not give the impression that walking off site is a problem as long as a person is a paying customer and cannot be read by people from inside their cars on approach to or around the car park.

    I conclude that the information avaliable to customers before arriving at the car park, on entry to the car park, and throughout the car park must be wholly inadequate for this event to have occurred.
    I would also say that the fine is a disproportionate penalty which is unenforceable in law.
    If you reject my appeal is want to know whether the charge is supposed to be for break of contract or trespass and how exactly is the amount arrived at.
    I will require a POPLA code of course which is my right for independent recourse under the protection of freedoms act and the BPA code of practice since if feel this PCN was unfairly awarded.
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    A great help to their customers, hope they go bust, along with aby other firm or business employing these crooks,
    Be happy...;)
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Shall I amend your appeal to UKCPS.


    Parking charge appeal.
    The parking charge is appealed as the Driver was a genuine customer of the facilities, copies of receipts enclosed.
    Forward a POPLA code with the rejection.

    That is all you need, do not admit leaving site or anything else.

    Then have a go at the idiots that employed them as well.
    Be happy...;)
  • nuit
    nuit Posts: 17 Forumite
    just writing something to the point like that would indeed be a lot simpler and make my life a lot easier right now. presuming that they will always reject anyway.
  • nuit
    nuit Posts: 17 Forumite
    is that too soft though? is that actually enough to even get a popla code out of them?
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