Parking Charge - Huntingdon - Indigo

willcoc

Hi
A parking notice was received from Indigo on Tuesday 28 Feb. The events are as follows.
The driver arrived 10 minutes before the train they needed to catch arrived so was in a rush. This was at around 10:20 in the morning.
The driver parked outside the ticket office, not in the parking area, as they have done for the last 10 years.
The driver then returned to the car and proceeded to park. They then were unable to park as there were no spaces available. There was spaces but other cars had parked over the separation lines so the spaces was too small and there was workmen blocking part of the car park where there may have been a space. They tried the main parking area and another which is nearer the ticket office.
They drove around a couple of times without any joy. Due to the time constraints the driver then parked in (as per the Penalty Notice) an ‘Unauthorised/Reserved/Loading Area’. This was a space that did not have separation lines to park between. This area did not obstruct any cars currently parked from leaving the car park or any cars traversing the car park.
There are a number of reasons the keeper would like the forum to confirm before appealing
1. – the signage is poor in the following areas
a. Upon entering the train station there is a 4 way junction. The main sign is not visible from the direction the driver approached.
b. The main signage in the station car park is placed in a dead-end part of the car park which the driver did not travel down. It is position where there is a pay and display machine. As the driver purchased the ticket from the ticket office they did not pass this sign whilst trying to park as the area was clearly full on passing scan.
c. All other signage relates to CCTV and is issued by the TOC.
2. As the driver was not in a position to read the Terms and Conditions signage is ‘the offer’ part of the contract initiated?
If not by implications the driver has not accepted these terms when they paid the fees and therefore voids ‘the acceptance’?
3. Having paid for the car park and the TOC not being aware that there were no spaces is the driver within their right to say they have provided acceptance and therefore have a right to park in the car park as long as they do not cause any obstruction or any H&S issues?
4. Does this have a strong enough case to appeal or is there anything else needed to consider
Many Thanks

Fruitcake

First and most importantly, edit your post to remove information about who did what. We only want to know about The Driver and The Keeper, who are two different people as far as we are concerned.

Next, read the Sticky thread for NEWBIES then send the BPA template in blue. Carefully add without revealing the driver's identity that the car park is covered by byelaws and therefore the parking scammers cannot hold the keeper or driver liable as this is non-relevant land as detailed in the POFA 2012.

Save all your detailed appeal points for PoPLA (second stage appeal) which you will win as byelaws apply.

willcoc

so nothing is sent until day 26?