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Conflicting signage ?
el_bandito
Forumite 11 Posts
Hi
Near where I live there is a beach car park which is approached by a access lane. On the lane are some fairly makeshift signs saying "Seasonal Car Park". Once on the land there is a proliferation of Armtrac Security Services parking signs detailing rules and regs that make no reference to the car park being seasonal.
For several years now I have regularly parked near the entrance to the land ( but within it ) during the Winter months because the Pay and Display machines have always been turned off 'out-of-season'. The actual machines are completely out of sight and at least 500 metres from where I park.
This year I presumed the same regime was in place, didn't therefore buy a ticket, and received a PCN from Armtrac for failing to display a ticket for £100, discounted to £60 if I paid with 14 days. I appealed the ticket and they rejected my appeal with a load of cut and pasted legalese but included the paragraph :
"With regards to your comments about the seasonal car park sign, this sign is the responsibility of the landowner not Armtrac Security Services. We have placed our warning signs, including our P entrance signs, by the entrance to the site, next to the Pay and Display Machine, down the access road and also within the car park. All these signs would inform you that the car park is patrolled by Armtrac Security Services and a PCN will be issued to any vehicle not displaying a valid ticket. The fact remains that you had breached the rules of parking by not displaying a ticket."
So they acknowledge that there are misleading signs, but outside of the boundary of the parking lot they are in control of.
Should I go to POPLA, and if so what would be my best tack ?
Thanks
Near where I live there is a beach car park which is approached by a access lane. On the lane are some fairly makeshift signs saying "Seasonal Car Park". Once on the land there is a proliferation of Armtrac Security Services parking signs detailing rules and regs that make no reference to the car park being seasonal.
For several years now I have regularly parked near the entrance to the land ( but within it ) during the Winter months because the Pay and Display machines have always been turned off 'out-of-season'. The actual machines are completely out of sight and at least 500 metres from where I park.
This year I presumed the same regime was in place, didn't therefore buy a ticket, and received a PCN from Armtrac for failing to display a ticket for £100, discounted to £60 if I paid with 14 days. I appealed the ticket and they rejected my appeal with a load of cut and pasted legalese but included the paragraph :
"With regards to your comments about the seasonal car park sign, this sign is the responsibility of the landowner not Armtrac Security Services. We have placed our warning signs, including our P entrance signs, by the entrance to the site, next to the Pay and Display Machine, down the access road and also within the car park. All these signs would inform you that the car park is patrolled by Armtrac Security Services and a PCN will be issued to any vehicle not displaying a valid ticket. The fact remains that you had breached the rules of parking by not displaying a ticket."
So they acknowledge that there are misleading signs, but outside of the boundary of the parking lot they are in control of.
Should I go to POPLA, and if so what would be my best tack ?
Thanks
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Replies
Why on earth wouldn't you?
P.S. While it's not an argument that would win at POPLA (they don't do "sensible" rules), it is odd that Armtrack think that a sign put up by the people who contracted them, i.e. the owners, has no bearing on the matter at all. But then, this is the fantasy world of private parking, where they make up the rules to suit themselves, as long as it enables them to fleece the general public.
http://forums.moneysavingexpert.com/forumdisplay.php?f=163
...it's right there at the top of the forum with links about POPLA. Show us your draft POPLA appeal first, but of course only after having a good read of the advice.
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD