Parking Eye Cedar Court Huddersfield

ChopperST

Just after a little advice before I appeal please and a warnings to all locals in the area that Parking Eye now operate there so you don't get stung as I did.

Have received an invoice from Parking eye for the Cedar Court in Huddersfield. Will write and appeal as the registered keeper etc. and no doubt get the rejection and take it to POPLA.

100% there were no Parking Eye signs on the day in question they have been installed afterwards when I have re-visted the site today. How should I word my appeal letter as to avoid any potential admission as to myself being the driver on the day in question (which I wasn't).

Thanks in advance.

The_Deep

Is this a hotel, if so write bad things on Trip Advisor.

Dee140157

As per the Newbie thread, you appeal as registered keeper. You refer to "The driver" throughout.

Complain to hotel of staying there too.
Ask when PE was installed in car park to see of they tell you?
Demand they cancel PCN.

ChopperST

Fully understand the process and appealing as the registered keeper and not referencing who was driving. The sticky point is how to point out there were no signs on the day "the driver" visited and they have been installed retrospectively.

Dee140157

"On the day of this disputed parking charge the driver contends that there were no signs.....and that they have have been installed since that day.

(As I said can you no ring the hotel and ask for confirmation of installation date it would be easier to write with this information. )

Even if they had only been recently installed and the driver failed to notice them, the BPA code of practice states:

18.11 Where there is any change in the terms and conditions that materially affects the motorist then you should make these clear on your signage.Where such changes impose liability where none previously existed then you should consider a grace period to allow regular visitors to the site to adjust and familiarise themselves with the changes.

Also If the signage did exist they clearly did not fulfil the following conditions of the BPA code if they were that easy to miss!

18.2 entrance signs play an important part in establishing a parking contract and deterring trespassers. Therefore,
as well as the signs you must have telling drivers about the terms and conditions for parking, you must also have a standard form of entrance sign at the entrance to the parking area. Entrance signs must tell drivers that the car park is managed and that there are terms and conditions they must be aware of. Entrance signs must follow some minimum general principles and be in a standard format. The size of the sign must take into account the expected speed of vehicles approaching the car park, and it is recommended that you follow Department forTransport guidance on this. See Appendix B for an example of an entrance sign and more information about their use.
A standard form of entrance sign must be placed at the entrance to the parking area. There may be reasons why this is impractical, for example:
• when there is no clearly defined car park entrance
• when the car park is very small
• at forecourts in front of shops and petrol filling
stations
• at parking areas where general parking is not
permitted
18.3 Specific parking-terms signage tells drivers what your terms and conditions are, including your parking charges. You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read
and understand. Signs showing your detailed terms and conditions must be at least 450mm x 450mm.

ChopperST

Excellent advice thanks very much. Will ring and chuck up a stink with the manager. We use (now past tense used) the hotel regularly as a meeting point for clients and have never had such issues.

Trip adviser review now done. At least one other on there from someone else who has been stung too.

Been this morning and the car park is littered with brand new signs now showing maximum stay 2 hours, you are entering into a contract etc.

I wonder how many people have been stung by this and how long they have issuing fines without any signs or warnings?

daveyjp

Now taken off my list of places to hold meetings. Thanks for the tip off.

ChopperST

Spread the word Daveyjp!

Never had issues with parking there before, car park is always less than half full, blatant profiteering from Cedar Court. Will shift to the Briar Court instead for all future business functions and suggest others do the same.

ChopperST

Have now received my appeal rejection and am writing my POPLA appeal. However I am trying to find point 18.11 in the BPA code of practice regarding the grace period in change in conditions and can't seem to find it.

I'm using - http://www.britishparking.co.uk/Code-of-Practice-and-compliance-monitoring

Can anyone help?

Thanks in anticipation.

Dee140157

Ooh err. I must have used an older version of the COP.
I hadn't seen the change. I didn't make it up, honest!

Wait, I wasn't wrong -

I have just looked at the version I have saved in iBooks. It is definitely v4 of the code Feb 2014. And it has 18.11 in it, as quoted in post 5.

But this version online does not. Now that is a mystery to me. I wonder what has happened.

I am going to send of an email to the BPA querying this.

Sorry I can help further to locate the missing clause.

Coupon-mad

Never mind - everyone here wins at POPLA v PE, even if there were seventeen signs for every car!