Cambridge leisure park 2017

bennyboyg01

Hello,

I have been reading ALOT of threads on here. Their is quite alot of information. But i am at the POPLA stage and would like to clear where i stand on a few points if that is OK?

I parked at Screwfix on 8th Jan(a sunday), the shutters were half closed and it was out of hours to be open. Upon entrance i saw no signs of parking, it was very dark and saw other people parking their. So, i assumed i could park their(my bad!). Got back to my car roughly 2 hours later and had the sticker on my windowscreen saying "i have breached a contract" by "parked longer than the maximum period permitted". My daughter was very tired(past her bedtime) so i left to come back another night to try get pictures of the signs.

Looking at the pictures that UKPC had put up, it showed a sign in a picture against the building in the corner of the car park which clearly was lit up by the camera as when i came back another night, it was in a very dark patch (have it on camera). Also, it's next to advertisements which have "big prominent lettering" unlike the sign, it doesn't look like a parking notice board. The only slightly "big" lettering on the board was "UKPC" which means nothing to me (before i got this parking charge). So, is this plus no entrance signs as you enter the car park a good point to put towards POPLA?

They say in their letter with my POPLA code that "all of our signage is fully compliant with guidlines set out within the BPA Code of Practice and we reject the notion that is in any way unclear or ambigous"
However, the only entrance sign is in the middle of 2 car parks, with no illumination on it and it is facing the shop, so when i entered the car park i couldn't see the signage. Therefore is this a breach of 'BPA code of practice 18.2?'

The signs on the otherside of the car park(didnt see as it was dark) had signs on posts infront of where a car would park, yet their were none on the posts that was in front of mine(i have took pictures of this). The only signs are the one i mention above and one facing the shop in the middle of the car parks, shopside of the path with no illumination so didn't see it.
On the appeal letter to UKPC, i used the template and did not mention i was the driver as suggested. So i had the following:
"Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013".
in response UKPC has put,
" The contract that UKPC has with the owner or occupier of the land (which authorities UKPC to enter into a contract with the driver requiring the payment of Parking Charges in respect of parking the vehicle on the land) contains a confidentiality clause and as such we are not in a position to provide the contract or details thereof to you".
So my question is, is this no longer a regulation where they have to provide?

With the "genuine pre estimate of loss", is this worth fighting as the company was shut. What i also did when i went back was speak to the store manager where he said that "we cant do anything to help it is not between us. It is between you and the land owner(who he said he didnt know who it was). Therefore, how is there any cost at all?

Hope you guys can help as i never saw these signs, of which only two are just inside the car park. I have pictures and i have my girlfriend as a witness.

twhitehousescat

I think you will find another screwfix (cambridge) case on this forum (recently) , screwfix actually gave the OP £60 to get rid of him!!!

use the search facility and read it

Coupon-mad

So my question is, is this no longer a regulation where they have to provide?

There was never a regulation saying they have to provide their contract - but they have to at POPLA or court hearing stage.

With the "genuine pre estimate of loss", is this worth fighting

No, forget it, not sure why anyone still asks this seeing as the Beavis case killed that argument well over a year ago.

Not saying the PCN is not worth fighting at POPLA, court, etc. Just not on 'no loss'.

bennyboyg01

Yes i read that, however i have already appealed to UKPC already, not only that i went to screwfix and the "store manager" said they couldn't help me as it is between the land owner and UKPC. Will ask how he contacted them

Coupon-mad

OK, so count 30 days from the rejection letter and aim to submit your POPLA appeal then. You will be hoping for no NTK to arrive and that is always one of the standard POPLA appeal points from a keeper, where there was only a windscreen PCN.

You rushed the first appeal too soon, should have waited till day 26 as the NEWBIES thread tells you. Never mind. Just means you won't have timed them out to day 56 when you have to get the POPLA appeal in. Our advice was to delay both stages to day 26 (first appeal) then day 28/30 (POPLA appeal) and you would have been home and dry with no NTK served. You still might achieve that, fingers crossed.

bennyboyg01

Yea i realised i messed that up. fingers crossed, thanks