Parking eye appeal rejected

jilleebean

Another little question, I know the PCN is based on ANPR entry and exit times to the car park, you then need time to park up to read the so called T & C's of the contract you are to comply with. By the time you have read the T & C's you then need to guesstimate the time you are ANPR captured.
Should the PCN state the time that you are actually parked. The signs small print T & C's (By parking, waiting or otherwise remaining within this private car park, you agree to comply with "The Parking Contract". I only managed to read the small print on the sign properly by Zooming in on a photo I took. Would this be classed as an UNFAIR TERM
There is no GRACE PERIOD given for consideration and acceptance of the contract or for exiting. as stated in the BPA code of practice.

Redx

jilleebean wrote: »

Quick question regarding method of making the POPLA, if done on line is there a word limit as my appeal will be quite lengthy, and is it easy to include photo's online as evidence? Or should I send in paper form registered post, or email, any advice greatly appreciated

for popla online appeals , attach anything you like as a word doc or pdf, plus any pictures you like too

Redx

jilleebean wrote: »

Another little question, I know the PCN is based on ANPR entry and exit times to the car park, you then need time to park up to read the so called T & C's of the contract you are to comply with. By the time you have read the T & C's you then need to guesstimate the time you are ANPR captured.
Should the PCN state the time that you are actually parked. The signs small print T & C's (By parking, waiting or otherwise remaining within this private car park, you agree to comply with "The Parking Contract". I only managed to read the small print on the sign properly by Zooming in on a photo I took. Would this be classed as an UNFAIR TERM
There is no GRACE PERIOD given for consideration and acceptance of the contract or for exiting. as stated in the BPA code of practice.

PE dont monitor parking time, only time on site

the signage tells you parking time, so the BPA CoP may allow say 5 to 10 minutes to comply or leave

as for say court, then it sets parking time as parking, not including time to park , time to leave etc, that is where all these discrepancies occur

bear in mind this isnt an official pcn, its an invoice , so doesnt have any "regulations" to adhere to, its an unregulated industry , so only a court of law can answer some of the questions you posed (but this is going to popla, but by all means argue against the PE signage, terms and conditions, query whatever you like, make them prove their case)

Coupon-mad

Make sure you include the words I added last month into post #3 of the Newbies thread. You need your case stayed for Beavis if not won on another point.

I am now in the process of filing to POPLA, is there any point if it is going to be adjourned, re:- the Beavis case which overflows the pages of my rejection letter.

Yes - would you rather be sued?!

If this was Morrisons ask their Head office to cancel it.

jilleebean

Thankyou Coupon Mad, I Truly appreciate your advice. It is Moorgate retail park in Bury, Home Bargains, Carpet Right, Halfords and a Kentucky plus an empty unit which will be Farmfood's according to submitted planning permission, used to be Comet
Land owner is Charities Property Fund c/o Cordea Savills

jilleebean

My POPLA was filed yesterday, thankyou for all your advice, I have included the (Coupon-mad)'s extra bit at the bottom of the appeal (Beavis) so fingers and toes crossed, will keep you updated

Coupon-mad

Now email a complaint to Savills and ask them if they can cancel the PCN. This is the chap who signs witness statements to help ParkingEye's case at POPLA for that retail park (thanks for all the names, PE!), so contact him now if your family are regular customers there normally but never want to darken the retailers' doors again:


Matthew Whiteley

[EMAIL="mwhiteley@savills.com"]mwhiteley@savills.com[/EMAIL]

Savills is the Property Management company and if you complain politely but assertively and can show genuine patronage they might listen.

jilleebean

Thanks Coupon-mad, I will try to put something together for mwhiteley. myself and family have used all the retail stores for years and did not even realise PE were managing the car park until I received the NtK, we have never parked for more than 2hrs and did not realise ANPR was monitoring entry and exit, not parking time, always thought we had 2hrs parking time. difficult to know exactly what time you enter and exit as you have no physical evidence.
POPLA confirmation email says hearing on or soon after 6th August wish me luck please.
I will be back soon

Half_way

Landowner complaints are always worth doing, while you shouldn't take your eye off any made up time limits from the PPC/POPLA a land owner cancellation ( get it in writing ) can:
provide a quick way to get shot of the problem

avoid the hassle of going to POPLA especially if your not familiar with the terms that you need to use

Add pressure to the landowner who may have been told by the PPC that they provide a hassle free, free car park management solution to a problem that probably doesn't exist., the bigger the nuisance for the landowner over the actions of the PPC the better.

Northlakes

Half_way wrote: »

Landowner complaints are always worth doing, while you shouldn't take your eye off any made up time limits from the PPC/POPLA a land owner cancellation ( get it in writing ) can:
provide a quick way to get shot of the problem

avoid the hassle of going to POPLA especially if your not familiar with the terms that you need to use

Add pressure to the landowner who may have been told by the PPC that they provide a hassle free, free car park management solution to a problem that probably doesn't exist., the bigger the nuisance for the landowner over the actions of the PPC the better.

This approach is usually correct but I think you will find this car park is a 'Beavis' type where the managing agents are seeking to maximise their rental income by effectively renting out the car park.