Parking Charge Notice

kirkbyinfurnesslad_2

Success at last

Coupon-mad

Iamthestig2 wrote: »

Baby is still b-feeding, but well over 6 months now, and fully on solids too

Over 6 months at the time of the parking incident?

Iamthestig2

Thanks bod1467 that's great!

Iamthestig2

Coupon-mad wrote: »

Over 6 months at the time of the parking incident?

Yes- months over- equality act not going to be of use sadly!

Iamthestig2

Cripes I have just accidentally clicked a 'spam' button! (I'm using iPhone!). Apols to the poster whose post this was, it was in error!! :0

Coupon-mad

Iamthestig2 wrote: »

Text from the signs (as I am unable to post image)

Private car park
Terms and conditions apply
XXXXX SHOPPING CENTRE
P CUSTOMERS ONLY
3 HOURS MAXIMUM STAY BETWEEN 8AM AND 6PM
This area is monitored by ANPR cameras.
You agree to pay a £55 parking charge (increasing to £95 if not paid within 14 days) to Spring Parking Ltd when you allow your vehicle to remain in the car park for more than 3 hours between 8am and 6pm Monday to Saturday. We may contact the DVLA to request the details of the registered keeper and a charge notice may be sent via post. Failure to make payment within 28 days may incur additional charges.
This site it maintained and monitored by Spring Parking Limited.
Enquires 0845 4967275
www.springparking.co.uk

___________________________

Then there is the name of the company who own the centre (Dencora) and a note stating they are not responsible for loss/ damage etc

Just bringing this forward from the previous page as the wording on the yellow sign was too small to read in the picture.

The sign's wording is better than most, but you can appeal in a stronger way than you had planned to earlier in this thread:





Dear Spring,

Re - ticket number xxxxxxxxxxx

I am the registered keeper of vehicle reg xxxxxxxx and wish to appeal the ticket you posted to me on the following grounds:

- I have had a look for myself at this car park and I see that there is no Spring Parking sign at the entrance, which would be required to show terms and conditions at the point where a car enters and passes a camera. This means that no enforceable 'contract' was formed with the driver and that the signage is not compliant with Appendix B of the BPA Code of Practice (June 2013).

- the wording of the ticket says that '"The recorded duration of the stay was XX:XX and the vehicle was in violation of the terms and conditions displayed on the signage". So I take it from this ticket that you are alleging that the driver was in breach of the terms and conditions (please confirm so I can understand this allegation). If so, you must show that the car park was prominently signed (including at the entrance) and that your charge represents a genuine pre-estimate of loss.

- The driver was a customer of the retail stores onsite and had a baby with them so would have needed more time than most to complete shopping and feeding the baby. I am incensed by your harassment of me, the registered keeper. For the avoidance of doubt I will not be naming the driver because I have researched this matter and know I am not obliged to do so, and am entitled to appeal myself. I have complained to your client, Decorum, and to the Store Manager and have shown the driver's receipt to prove patronage that day. I suspect your clients will contact you to cancel this ticket because clearly there was no loss caused at all.

If you reject this challenge, please show me your BPA-compliant entrance sign because it wasn't there when I checked today. And advise me the basis for this allegation (breach of contract? trespass?). And show me your breakdown of your loss caused by this incident on that day. At POPLA stage I will require you to show all of this, and maps of the car park and the contract with the landowner, and any other evidence I decide to call into question for POPLA's assessors to scrutinise.

I will of course also require a POPLA code if you should reject my appeal (and your only choices are to reject or to accept my challenge). If you reply without a POPLA code then I will report you for various breaches to the BPA Ltd forthwith.

yours,

PRINT NAME (& squiggle! No real signature, they don't need your signature).



CHANGE IT IF I HAVE GOT ANYTHING WRONG - E.G. IF THERE ARE NOT SEVERAL RETAIL STORES ONSITE!

Iamthestig2

Coupon-mad I cannot thank you enough!!! It is so so kind of you to go to all that trouble! Especially given that you don't even know me! I have been drafting something to send but feeling really unsure about certain points. This is SO helpful, thank you SO much! I hope it will help others too :-)

jeanraffio

That's a really good reply from Coupon Mad, I wouldn't change much of that if I were you. Don't be tempted to tart it up, waffle any more, offer any more information than is necessary or make it sound nicer / more friendly - this firm and knowledgeable approach is the only way to do it with these cowboys.

Might be worthwhile getting your head around what these points mean and have a full understanding of them - these are the points you will be relying on at the POPLA appeal when you come to draft it (which has to be a certain winner IMO!).

Coupon-mad

Iamthestig2 wrote: »

Coupon-mad I cannot thank you enough!!! It is so so kind of you to go to all that trouble! Especially given that you don't even know me! I have been drafting something to send but feeling really unsure about certain points. This is SO helpful, thank you SO much! I hope it will help others too :-)

That's OK. As long as you are sure there was no Spring Parking sign on the right as you drive in. You didn't show the right of the entrance.

Iamthestig2

Coupon-mad wrote: »

That's OK. As long as you are sure there was no Spring Parking sign on the right as you drive in. You didn't show the right of the entrance.

There is no sign at all on the right (the street you turn off is a one-way street, so signs on the right would not be visible, so all signage is on the left).

I should probably mention though that the CCTV images are taken a little way in, and at the point of the CCTV image there IS a sign (identical to the one I posted, with text typed out also). Does this class as the 'entrance' still- or does entrance refer specifically to the point at which you turn in/ enter the landowners property (which must be where the signage I have posted is?). At this point the Spring sign is definitely not readable.