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Quick read desperately needed please.
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AllGrownUp
Posts: 14 Forumite
Hi all, can you tell me if there is anything I've missed out of my appeal please? Any questions just ask. I think I've covered everything but I REALLY need this to go away...I'm a single parent/carer with a very challenging teenager, my stress levels are astronomical.
· The signage is obscured by pedestrians and goods due to being on a footpath and is therefore not clear (see below).
· As clear from the above photograph, pedestrians, lacking space on the footpath due to obstructions placed there by the business owner and his employees under his instruction, walk in the parking bays whenever possible, drawing drivers’ attention to pedestrian safety first and foremost.
· The signage states ‘parking for Betty’s news customers whilst remaining on site’. The ‘site’ is not defined, either in writing or by any clear physical boundary.
· The signage states ‘do not park and go elsewhere’. ‘Elsewhere’ is not defined, either in writing or by any clear physical boundary.
· The signage states ‘no exceptions’. Exceptions to what is unclear, as the bays are also used by customers and perusers of the seasonal ice cream shop (separate door) and seasonal surfwear shop (separate door). These people are in breach of the signage as they are not ‘Betty’s News’ customers but are not given a parking charge notice. As the business owner of ‘Betty’s News’ is also the business owner of ‘Betty’s Surf Shop’ he is in breach of his own signage.
· The signage states “read the sign or pay the fine”. This is a clear misrepresentation of authority under Section 14.2 of the BPA Approved Operator Scheme Code of Practice.
[FONT="]14.2 You must not use terms which imply that parking is being managed, controlled and enforced under statutory authority. This includes using terms such as ‘fine’, ‘penalty’ or ‘penalty charge notice’. [/FONT]
[FONT="]This matter will be raised with the BPA and Trading Standards. Under [/FONT]The Administration of Justice Act 1970, Section 40, Paragraph C of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she falsely represent themselves to be authorised in some official capacity to claim or enforce payment.
· That the business owner has resorted to highlighting the signage indicates they are insufficiently prominent.
· It is impossible to provide proof of patronage of a store that neither provides, nor offers, a paper till receipt when payment is in cash.
· Your Parking Charge Notice states the charge payable is £100. The car parking bays outside Betty’s News offer free parking with no time restrictions. Therefore, under The Unfair Terms in Consumer Contracts Regulations 1999 Schedule 2, Paragraph 1 (e)’ requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation’, your charge is unfair.
Under Section 4 of the Unfair Contract Terms Act 1977, your charge is unreasonable as
(1)’ A person dealing as consumer cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.
(2) This section applies whether the liability in question
(a) is directly that of the person to be indemnified or is incurred by him vicariously;
(b) is to the person dealing as consumer or to someone else’.
Any additions/removals/advice gratefully accepted.
· The signage is obscured by pedestrians and goods due to being on a footpath and is therefore not clear (see below).
· As clear from the above photograph, pedestrians, lacking space on the footpath due to obstructions placed there by the business owner and his employees under his instruction, walk in the parking bays whenever possible, drawing drivers’ attention to pedestrian safety first and foremost.
· The signage states ‘parking for Betty’s news customers whilst remaining on site’. The ‘site’ is not defined, either in writing or by any clear physical boundary.
· The signage states ‘do not park and go elsewhere’. ‘Elsewhere’ is not defined, either in writing or by any clear physical boundary.
· The signage states ‘no exceptions’. Exceptions to what is unclear, as the bays are also used by customers and perusers of the seasonal ice cream shop (separate door) and seasonal surfwear shop (separate door). These people are in breach of the signage as they are not ‘Betty’s News’ customers but are not given a parking charge notice. As the business owner of ‘Betty’s News’ is also the business owner of ‘Betty’s Surf Shop’ he is in breach of his own signage.
· The signage states “read the sign or pay the fine”. This is a clear misrepresentation of authority under Section 14.2 of the BPA Approved Operator Scheme Code of Practice.
[FONT="]14.2 You must not use terms which imply that parking is being managed, controlled and enforced under statutory authority. This includes using terms such as ‘fine’, ‘penalty’ or ‘penalty charge notice’. [/FONT]
[FONT="]This matter will be raised with the BPA and Trading Standards. Under [/FONT]The Administration of Justice Act 1970, Section 40, Paragraph C of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she falsely represent themselves to be authorised in some official capacity to claim or enforce payment.
· That the business owner has resorted to highlighting the signage indicates they are insufficiently prominent.
· It is impossible to provide proof of patronage of a store that neither provides, nor offers, a paper till receipt when payment is in cash.
· Your Parking Charge Notice states the charge payable is £100. The car parking bays outside Betty’s News offer free parking with no time restrictions. Therefore, under The Unfair Terms in Consumer Contracts Regulations 1999 Schedule 2, Paragraph 1 (e)’ requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation’, your charge is unfair.
Under Section 4 of the Unfair Contract Terms Act 1977, your charge is unreasonable as
(1)’ A person dealing as consumer cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.
(2) This section applies whether the liability in question
(a) is directly that of the person to be indemnified or is incurred by him vicariously;
(b) is to the person dealing as consumer or to someone else’.
Any additions/removals/advice gratefully accepted.
0
Comments
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Not actually sure how to add photos in the post...0
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You can't ... upload them to a hosting site (e.g. Photobucket) then post broken* links here in a reply. Make sure any photos are redacted of personal, identifiable info.
* Change http to hxxp
Do not try to use IMG tags - just post the text links0 -
You can't ... upload them to a hosting site (e.g. Photobucket) then post broken* links here in a reply. Make sure any photos are redacted of personal, identifiable info.
* Change http to hxxp
Do not try to use IMG tags - just post the text links
You lost me at 'you can't'...
I'm not clever with tinterweb stuff 0 -
YOU cannot upload files here, including photos, the site does not allow it , you have assumed that you can , but you "can`t"
so you host files on a hosting site, so pics on tinypic or photobucket, then you link them in your reply , changing the http at the start to hxxp before hitting the send button (ie:- YOU cannot use live links here either)0 -
Is the main body of the letter ok though and is there anything I've missed?0
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You can't ... upload them to a hosting site (e.g. Photobucket) then post broken* links here in a reply. Make sure any photos are redacted of personal, identifiable info.
* Change http to hxxp
Do not try to use IMG tags - just post the text linksAllGrownUp wrote: »You lost me at 'you can't'... I'm not clever with tinterweb stuff
Given I was replying to your preceding post I thought my response was very obvious?0 -
no idea as we have no idea who that appeal is going to nor which part of the process you are following
the NEWBIES sticky thread tells you how to handle the various stages, depending if its a BPA member or an IPC member
I have been here 4 years and never seen an appeal like yours, so its certainly a one off0 -
Never had any problems placing pics....you should be able to see a lifeguard (at the lovely Fistral Beach!)Illegitimi non carborundum:)0 -
you have more posts than the OP, so I would say that until the OP has more posts under the name (not sure how many), the forum will not allow them to post links etc
all "newbies" have the same problem, its deliberate0 -
no idea as we have no idea who that appeal is going to nor which part of the process you are following
the NEWBIES sticky thread tells you how to handle the various stages, depending if its a BPA member or an IPC member
I have been here 4 years and never seen an appeal like yours, so its certainly a one off
BPA member and it's £100 PCN. I've trawled through god knows how many pages and sites trying to find the way to start the appeal letter, finish it and put the relevant posts in. I'll just send it0
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