Forbidding sign, grace periods, or both?

RobinofLoxley

Are Home Bargains the only store on this site and the car park exclusive to them?

RobinofLoxley

happybagger wrote: »

It states the town (I blanked it out), is that enough to comply?

POFA states the land should be 'specified'. That implies a specific address should be given.

Is there another HB store in the town?

happybagger

No other retailers on site. Morrisons is next door but has their own clearly defined car park
It's the only HB in town

Land registry finds the property but says 'we do not have a record of any titles for this property'

RobinofLoxley

happybagger wrote: »

In the absence of further comments or opinion, I will email this off tomorrow
HB

There's no need to rush your POPLA appeal. You have 28 days (in effect 30 days) from when PE give you the code to submit your appeal.

I would suggest a main point in your appeal should refer to the NTK, pointing out the discrepancy between the wording on the NTK and the signage.

Something along the lines of :-

The reason given for the issue of the parking charge (Parking Charge Information) is that the vehicle stayed in the car park for a period of 12 minutes and the maximum stay is 0 hours 0 minutes, therefore the parking charge applies.

Insert an image of the reverse of the NTK and highlight this sentence ;

"The signage states that, as a maximum stay car park, a parking charge is applicable if the vehicle remains in the car park longer than the 0 hrs 0 mins max stay time".

Also insert an image of the sign which shows the stay of up to 1 1/2 hours is permitted.

On the other hand the signage actually says the maximum stay is 1 1/2 hours.

Therefore the 12 minutes period that Parking Eye claim the vehicle was parked is well within the maximum time allowed. The 12 minutes taken to for the driver to pass the ANPR camera, park the car, get out and walk to a sign and read it (which was difficult due to it being too high above the ground), then decide not to stay, walk to the car then drive out past the ANPR camera again is within the grace period the operator should allow as stated in the British Parking Association's Code of Practice.

13 Grace periods
13.1 Your approach to parking management must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period without having their vehicle issued with a parking charge notice.
13.2 You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action.

KeithP

Also remember that Section 69 of The Consumer Rights Act says:

69 Contract terms that may have different meanings

(1) If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

Which means that the 'maximum period' which suits you, the consumer, best is the one that applies.

happybagger

I've added bits to cover what you guys have mentioned above. Not sent yet as I have til 30th.

In the meantime I'm stirring it up at the county council re. planning and adv consent as there are 4 anpr cameras and 12 signs welk over the 0.3 sq m permitted. Looked back 10 yrs and have found nothing granted.

happybagger

I've had the PE "evidence", can anyone tell me how to upload just one page of their pdf, as I'd like your comments on their "authority"

KeithP

happybagger wrote: »

I've had the PE "evidence", can anyone tell me how to upload just one page of their pdf, as I'd like your comments on their "authority"

Upload it to a webhosting site such as tinypic, dropbox, etc, then post a link here.

happybagger

That uploads all 46 pages though

Redx

take a pic and upload to tinypic

or screenshot , save , upload to tinypic

or print , scan , upload to a file site