Parkingeye White Horse Rottingdean - failing to provide POPLA code

guydorrell

Hello, I've searched extensively but still not quite sure what to do. Apparently, in this car park, the signage says that customers of the hotel get two hours free parking. We didn't see this sign at all. We parked, waited about half an hour to see if we could get a table, and when we did, paid for two hours parking and had a meal. One of the kids had an accident on the beach meaning we were late leaving and the cameras clocked us at 3 hours 50 mins. I appealed to say the signage was inadequate and provided the receipt for my meal. When that was rejected, I had a phone conversation when they said I could ask (via email) to be sent pictures of the signage. I was subsequently told that these pictures are 'not something they would provide'. They said they had sent me a letter with a POPLA code but this letter hadn't reached me, so I emailed again to request a new code, within the time limit. By the time a further call happened, it was beyond the time limit, so they refused to provide another code.
There are multiple instances on trip advisor, facebook and twitter of other people who didn’t see this signage, so that strongly suggests it’s inadequate. Also, had I seen the sign, I, like any sensible person would have used the free parking.
I’m not sure what my best defence is here. Surely refusing my request for an additional POPLA is enough to get it thrown out? Or do I need to simply compile a list of the other motorists who didn’t see the signage, as evidence the signage is inadequate? Or am I just bang to rights because of the overstay?
I’ve read some of the stuff about the Beavis case in 2015, but still not sure quite how it impacts on my situation. The judge basically ruled that £100 wasn’t an unreasonable sum? I guess there is an argument that by our overstay, I deprived another customer of a space and the hotel could have sold another meal , but what’s the profit on a meal, particularly in a dive like this, £10-20???
Any advice greatly appreciated.

twhitehousescat

have you contacted the hotel yet?

Coupon-mad

There are multiple instances on trip advisor, facebook and twitter of other people who didn’t see this signage, so that strongly suggests it’s inadequate. Also, had I seen the sign, I, like any sensible person would have used the free parking.

It is inadequate and I have an old POPLA appeal I did that has pics of the signs in it. I'm localish.

But try the complaint to the White Horse first. Notorious PE cash cow, they should be ashamed.

Have you actually got a court claim or LBCCC from ParkingEye yet?

guydorrell

Thanks both. yes I have got the court claim, have acknowledged its receipt, so now need to make my defence but still think I should have had the option of POPLA. it seems a daft thing for them to do. Emailed head office of the group that owns it, Old Enlgish inns but no reply yet. Also posted on trip advisor and FB page. A local councillor with contacts in the local press has offered to bring this to their attention, so this may bring pressure to bear. I will email the hotel directly now too.

Coupon-mad

Oh it would be good to expose this scam in the Argus, so soon after the other story about the local sad Rottingdean busybody who reports cars on-street to Council CEO's.

This is worse - LOADS of people have fallen foul of these signs. Hundreds sued.

guydorrell

Hello, no reply from pub. Coupon-mad, are you able to send me that pic?
Also seems The Argus are apparently interested in doing an article so I thought I see if anyone else reading this thread has been robbed by this unpleasant partnership? If you have, please drop me an email with some basic details of what occurred and the outcome guy_dorrell3@hotmail.com

Fruitcake

If it gets to court, show this to the judge. Tell him/her that the UK Government requires companies to allow alternative dispute resolution for up to one year. Say that you wanted to use PoPLA but were refused, then ask why the private parking industry is refusing to follow the will of parliament.
Since none of the reasons to refuse an appeal are applicable, you should have been allowed to make the appeal and not burden the court.

http://www.legislation.gov.uk/uksi/2015/542/schedule/3/made

Grounds to refuse to deal with a dispute
13.!!The body may only refuse to deal with a domestic dispute or a cross-border dispute which it is competent to deal with on one of the following grounds—
(a)
prior to submitting the complaint to the body, the consumer has not attempted to contact the trader concerned in order to discuss the consumer’s complaint and sought, as a first step, to resolve the matter directly with the trader;
(b)
the dispute is frivolous or vexatious;
(c)
the dispute is being, or has been previously, considered by another ADR entity or by a court;
(d)
the value of the claim falls below or above the monetary thresholds set by the body;
(e)
the consumer has not submitted the complaint to the body within the time period specified by the body, provided that such time period is not less than 12 months from the date upon which the trader has given notice to the consumer that the trader is unable to resolve the complaint with the consumer;
(f)
dealing with such a type of dispute would seriously impair the effective operation of the body.

Coupon-mad

Here you go, does this work:


hang on - link not working!

That includes some screenshots from a rebuttal to POPLA evidence that I did for a friend. She drove in the other (main) entrance to the one I have mentioned a lot in this rebuttal but that's the point! ParkingEye show POPLA and court, an aerial view pretending there was only one entrance but there was not - and neither are well signed. Might have changed since but this won in 2015.

guydorrell

Thanks for your help everyone. Fruitcake very interesting, really think that will wash with the judge? I didn't request my replacement POPLA code in writing but verbally, so have no proof of when the request was made. Has this defence ever worked?

Coupon-mad - Sorry, I can't see a link in your post, could you possibly email it and the pics to guy_dorrell3@hotmail.com? Parking eye have repeatedly refused requests for the signage pics which is disgraceful. Like you say, cash cow for them in its current state.

I only have a few days to submit a defence and am starting to think it may be worth settling, extra charges have turned the original £100 into £175, think if they don't take £30-40 then maybe I will have to find time for the fight!!

Coupon-mad

Yep will do so later.

guydorrell

Hello,
First thing to mention for benefit of anyone reading this is that I offered to settle for £35 and they countered with £135 (only £40 less than the sum they seek) - are they complete idiots? Presumably they think their case will be a strong one.
I wondered if I could ask some more advice as to how best to present my defence? The cameras have me clocked at 3 hours 52 minutes, and I only paid for two hours. Reason for this discrepancy is that the hotel was extremely busy and we wanted to wait to see if we were able to get a table before paying the (frankly much more expensive than usual) parking charge. We probably waited 50 mins to get a table. Our leaving was also delayed by two accidents to kids (one of the nappy variety, the other hurting themselves). So the fact I overstayed the period I'd payed for is not in dispute, there are just mitigating circumstances. Does anyone have any feedback on how the court might see this?
Coupon mad, I'm also confused that they have managed to extort money from so many people on this particular site. If 100s of people have fallen foul of these signs, isn't that in itself, fairly compelling evidence that the signage is inadequate??? Is it perhaps worth me compiling a list of tripadvisor and social media comments and cases where others also haven't seen the sign? (one poor guy got done for waiting in his car for 15 mins!)
Also, one of my strongest arguments that the signage is inadequate is that any normal, sensible person, when hoping to have a meal at the hotel and seeing that you could get FREE parking by entering your registration in a terminal in the hotel, would do it, wouldn't they? I didn't see it and therefore paid when I didn't need to. So perhaps one argument could be, I should have received the two hours free parking (they have my receipt from the pub) and paid for another two, totalling 4, so the ultimate landowner is not in any way out of pocket. There are a variety of points to make here and I could do with some help structuring them for best effect. All and any advice very gratefully received. PS. Coupon mad, could you send me the pic of the sign please?