Gatwick North Petrol Station

Carthesis

Looking at that thread, I note the following:

- NtK not POFA-compliant
- NtK does not give mandatory payment periods (period starts 2 days after letter generated and posted to allow for postage)
- NtK does not state total length of time parked
- Total length of time shown on cameras =/= total length of time actually parked (5 mins to enter site and wait for a pump; 10 mins to fill up, select a sandwich, pay; 5 mins to pull away from pump and find a parking space; etc.)
- Signage is non-compliant with BPA COP, and certainly doesn't live up to the prominence test post-Beavis
- Signage fails Lord Denning's "red hand rule" w.r.t. the charge
- Signage does not state what the ANPR data will be used for

Coupon-mad

But that older thread is not up to date with ECP's current NTK, which is pretty good - POPLA will certainly say it's compliant.

IMHO the OP should drop no keeper liability unless the NTK was not received within 14 days. Could show us the NTK but we've recently seen one on pepipoo; it now has the wording.

Carthesis

Thread was only from June / July or so, so was working on the assumption the OPs would be the same. Had no idea they've changed them recently.

If so, then as C-M says, drop all the issues surrounding the NtK unless it wasn't in your hand inside 14 days.

Coupon-mad

Unfortunately they changed them around September. Quite good wording, someone with a working brain cell has copied from Schedule 4...

Carthesis

Coupon-mad wrote: »

Unfortunately they changed them around September. Quite good wording, someone with a working brain cell has copied from Schedule 4...

To be fair, that's what we've been saying here all along. It isn't hard to do right is it, and then all they have to do is post it and **BAM!** Keeper liability.

Now if only they could sort out the ANPR problems. And the charging problems. And the signage problems. And the general being too keen to grab your money for breach, rather than putting a proper system in place to manage problems.

Then we might get somewhere.

surreyspurs49

Hi
well as you rightly said i have had a reply and the appeal has been rejected.

i have a POPLA code now...

please advise on how I should proceed...

Many thanks in advance

surreyspurs49

they have also sent a picture of the sign and an aerial view of the land with signage location

Carthesis

Now you're on to draftin your POPLA appeal and putting it here for comment.

C-M has put some template appeal points on the **NEWBIES** thread that you can use as a starting point.

surreyspurs49

Hi Posed on KITTY25 thread.

as to use her template am i on the right lines gettinga bit confused...

Thanks for your time

Redx

yes, use that template to form the basis of your own similar appeal, but ensure you dont just copy it and tell lies, because their case will have some differences so your draft will need some minor amendments , plus it was a different parking company too

or look for a recent ECP case or similar, with similar issues to yours