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Forbidding sign, grace periods, or both?

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The RK has received a pcn from PE for a stay on a car park of 12 mins 18.50 to 19.02. The store closes 19.00 mon-fri but 18.30 sat, which could only be seen when reaching the door.

So the pcn says exceeding the max stay time of 0hrs an 0mins

Should the appeal to PE be on grace periods, or the fact that it is forbidding, or both?

Obvious stuff sbout the signs too of course, as the majority of them have those small print lines at the bottom at a height of 9ft off the ground

Thanks in advance

Link will be posted below

HB
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Comments

  • sign

    Forgot to say, I have been forceful with the retailer (home bargains) and took half an hour of her time already. She is going to speak to area manager on Monday. We'll see.
  • Umkomaas
    Umkomaas Posts: 43,355 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    So the pcn says exceeding the max stay time of 0hrs an 0mins
    This entry normally indicates there was a keypad through which to register your VRM to authorise parking on that visit. Obviously with the store closed it was not possible.

    Initially just send in the blue text initial appeal from the NEWBIES FAQ sticky, post #1 - no further detail added about anything, keep your powder dry for POPLA if it comes to that should the store manager not cancel.

    For POPLA appeal only:-

    Grace Period will be a very important part of your POPLA submission - don't forget there are 2 periods, see BPA Code of Practice clause 13 for the detail to build into any eventual POPLA appeal.

    But there will be a number of other appeal points as shown in the newbies sticky, post #3. Do some advance reading, which will see you better prepared and ready to take this on if necessary.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • There is no terminal in store it's purely anpr. I assume the 0hrs 0mins refers to the fact that parking is forbidden when the doors close (which they had).

    The pcn is pofa compliant and was received 7days after the event.

    Thanks for your advice. I have taken a lot of interest in this forum since getting a notice myself a year ago and have learnt a great deal.
  • Further to this, the store manager has phoned having "spoken to head office", and has said the usual 'nothing we can do, out of our hands' comment. I pushed further, it was clear she had no idea about this stuff, and eventually she put the phone down on me.

    A complaint email to HO has also come back with the 'tough' response, to which I have now replied with detailed questions. I will give it 24hrs.

    However, it seems like the standard PE appeal will be called for

    HB
  • Blue template appeal now gone to PE with a paragraph added about grace periods.
    Home Bargains HO refusing to reply to any email from me; I've sent one every day asking for answers.
    Awful customer service. I used to spend a load of money for me, my business, and on behalf of a a sports club there.
  • Any FB, twitter, etc presence?

    Making other people publicly aware of how awful they are isnt a bad idea.
  • Not sure about fb or twitter. I'm not on either of those myself.

    Yet.
  • You get the idea.
  • happybagger
    happybagger Posts: 1,033 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    PE have rejected the RKs appeal so when I'm back off hols on Monday will start doing the popla submission

    Given the sign linked above though, should both 'grace periods' *and* 'forbidding sign' be included, as they aren't offering a contract to park if the max stay is 0 mins? (and clearly a driver can't therefore even read a sign if that's the case)

    Just some ideas before I get back ;)
    Cheers all ☺
  • happybagger
    happybagger Posts: 1,033 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Currently working on the POPLA appeal, which I assume will be on signage lettering, forbidding aspect (at unspecified times), authority, and grace periods. Anything else to be considered?

    Thought I'd share the PCN, to show it states it "as a maximum stay time car park" of "hours 0 mins" (which surely must be forbidding?), and I thought these kind of PCNs with striped edges to make them look "official" were no longer permitted?

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