Brittania Parking PCN

KeithP

Include signage too.

Their appeal response to you may have appeared to be addressing the signs in your incident, but you can be assured that it was simply their standard appeal response with loads of guff about signs, Beavis, contracts, etc.

met6173

would this be ok to add?

Although I was not the driver of the event, I would like to point out that the signs at the car park in question are unsuitable to inform drivers of the full terms and conditions of what they are entering into by physically entering the car park. Britannia Parking clearly relies on contract law, but does not do enough to make clear what the terms and conditions of the contract are, making it far too easy for people to unwittingly fall outside the terms of contract.

It is not appropriate for a car park such as this to have such a limited amount of signs and rely on drivers to look carefully for where and how the terms are displayed. It is surely the responsibility of Britannia Parking to make the terms of their contract far clearer so that drivers have no doubt whatsoever of any supposed contract they may be entering into. I require Britannia Parking to provide evidence as to how clear the terms and conditions are and consider if the methods used are clear enough for this type of car park.

Furthermore a contract can only be considered to be entered into if enough evidence exists that it actually happened. For a contract to have been entered into the driver would have had to get out of the car, read the signs, fully interpret and understand them and then agree to them and/or enter the only lift on each floor that had the terms of the parking. None of which ever actually happened.

I request that Britannia Parking provide concrete evidence that a contract existed between themselves and the driver on the day in question, which meets all the legal requirements of forming a contract. They should include specific things including, agreement from both parties, clarity and certainty of terms etc. If they are not met then the contract would be deemed “unfair” under the Unfair Terms in Consumer Contract Regulations 1999.

KeithP

What is wrong with the signage template linked from post #3 of the NEWBIES FAQ thread?

Also the last sentence of your response is factually wrong - i.e. out of date by over two years.
The Unfair Terms in Consumer Contract Regulations 1999 were replaced in October 2015 by (parts of) the Consumer Rights Act 2015.

met6173

When you go on the POPLA the first question it asks are your grounds for appeal. I know on the newbies page it says about not giving too much info, does this mean im better to answer 'other grounds for appeal'? The only other answer thats vaguely relevant is 'im an not the driver' but this goes on to say or the registered keeper... am i able to ignore all options and just click next

KeithP

Choose 'other'.

Redx

the advice on here is to choose OTHER and upload the popla appeal as a pdf document

we never tell anyone anything else , its been this method for perhaps one or two years !!

met6173

ive just re read the the part of driver/registered keeper and it is as below, would it not be this option as on the bullet points it says you were not the driver at the time of the alleged improper parking?
I was not the driver or the registered keeper of the vehicle at the time of the alleged improper parking.

Selected

• You bought the vehicle after the alleged improper parking.
• You sold the vehicle before the alleged improper parking.
• You hired a car, but were not the hirer at the time of the alleged improper parking.
• You were not the driver at the time of the alleged improper parking.
• You provided the driver's details, but the parking company continued to pursue you.

KeithP

It is entirely up to you how you reply.

You have been offered guidance, now it is your turn to decide.

You do not have to justify your choice to anyone else.

met6173

Thank you all for your help, I went for the 'other' option and uploaded documents as suggested. Fingers crossed

met6173

Thanks for all your help, much appreciated. Have just tracked the appeal and it appears that Britannia have withdrawn 'as a gesture of goodwill'. Obviously nothing to do with them obtaining keeper details without using POFA/or issuing the ticket too late if they were using POFA. Do i just wait for a letter from POPLA or Britannia to confirm?