Parking ticket from PCM

dw10aau

Just got home. There is a sign and it says 'this is private property and managed by pcm' the sign is also quite visible. Will this affect my complaint on part 2 and 3 of the above?
Either way I shall wait for the NtK.
Thanks for all the help and advice guys, really appreciate it.

AoD

Completely irrelevant. The signs are almost certainly not compliant and PCM are merely a PPC employed to infest the parking area. Nothing to worry about.

dw10aau

Alright guys, just been reading up more on the forum and found a point that there should be signs at the entrance, however the car park in question if you imagine it as a square with an entrance on one side, the sign is on the opposite wall so at the back of the car park. I take it this will also help with my appeal to POPLA?

Thanks for all the advice guys, you've all been really helpful

Coupon-mad

Yep you could say as your 'unclear signage, no contract with driver' appeal point (one of several):

The signs are inadequate, not compliant with the BPA Code of Practice and it was neither made clear that certain bays had to be used by certain residents, nor was the signage prominent enough that it must have been seen and understood. Regarding this car park in question, if you imagine it as a square with an entrance on one side, the only sign I can now see is on the opposite wall - so at the back of the car park in small font on an unreflective background. As a consequence, the requirements for forming a contract with a driver on arrival, such as a meeting of minds, agreement, and certainty of terms were not satisfied. The car belonged to a resident and was already displaying a valid permit and was parked in a residents' bay, so there was no consideration nor acceptance of any other terms.

The BPA Code of Practice requires clear signage at the entrance and that signage must be prominent:
18.1 In all cases, the driver’s use of your land will be governed by your terms and conditions, which the driver should be made aware of from the start. You must use signs to make it easy for them to find out what your terms and conditions are.''

The driver was not made aware of the risk of a PCN if parking in a different bay, on this occasion. Nor did they see any contractual information on any sign when entering the car park and therefore had no idea that any contract or restriction on bays might apply, above and beyond the display of a permit.

da_rule

All your appeal needs to say is what's on the template (i.e. That the signage is not compliant with the BPA code of practice). This then puts the onus on the company to show that it is. But in most cases POPLA will only rule on one factor in an appeal, and that factor is normally no genuine pre-estimate of loss.

dw10aau

Ok, there are painted markings with door numbers on the floor to say where to park so could I include that these were seen as only a guide and not actual rules

nigelbb

dw10aau wrote: »

Ok, there are painted markings with door numbers on the floor to say where to park so could I include that these were seen as only a guide and not actual rules

Just like the BPA Ltd Code if Practice.

dw10aau

Sorry you've lost me

Coupon-mad

dw10aau wrote: »

Ok, there are painted markings with door numbers on the floor to say where to park so could I include that these were seen as only a guide and not actual rules

Don't make their case for them - don't mention bay markings on the ground. After all they are covered by a car each time! I've given you an appeal point above which covers it enough. Of course you'll need the usual 'no GPEOL' and 'no standing/authority to pursue charges in the courts', as you'll see in the NEWBIES thread about POPLA.

dw10aau

Ok thanks, but they take pictures as evidence and you can clearly see where i'm parked