Britannia Parking, to late to use MSE?

Hip7559

Hi, after reading the sticky i noticed that it states never tell them who was driving the vehicle, or give them any information. Before coming to MSE i sent an appeal to Britannia Parking, which on their website you have to input your details, in which it states i was driving the vehicle.

With it being an honest mistake and i wanted to be very honest about the situation have i dug my hole to deep that i cant get out of this parking ticket?

In a nut shell i drove from Manchester to Chelmsford, due to delays it took me approximately 6 hours to get to the Travel Lodge hotel, when i drove into the car park it was dark, i was tired and i did'nt notice the parking meter was this high tech camera operated that takes pictures when you enter and leave. When i go to reception i asked staff if i could need to get a ticket with it being midnight, its off peak and i would'nt expect any parking wardens to be walking around. Staff said no, but to get one in the morning. Which is what i did as soon as i got up.

I complained to Travel Lodge who apologised and said if i pay the parking charge they will refund me as staff should have told me to get a ticket. They said the parking is privately owned and they arn't very good when it comes to appeals. They were great.

Should i just pay them and get the refund. Or stick to my guns and not pay?
Reason i ask is Britannia Parking have my personal details i provided on their website when i appealed.

The reply looked automated, had pictures of their signs on a nice sunny day (wasn't that sunny at midnight).

Thanks
Lee

The_Deep

Let Travel Lodge pay. They may then not be too happy wtih the PPC and persuade the land owner to ditch them. Once TL has paid write good things about them on TripAdviser.

Umkomaas

They key question for you is do you want a private parking company to be enriched, albeit via Travel Lodge, as a result of an ‘error’ not directly of your making? Or would you prefer they got nothing, from you or TL?

I know what forum regulars would do.

While you have blown a few toes off with your admission of being the driver, you’ve still got legs to stand on. You can appeal to POPLA and still have a good chance of beating Britannia - you’ll have the charge cancelled and they will get nothing.

If you lost at POPLA, there’s still no obligation on you to pay the charge, but you would get irritating debt collector letters and exposure to a court claim for up to 6 years (at the moment Brit are not litigious - but who knows in 6 years time).

You could appeal to POPLA, then if you lost, and to get it out of your hair, pay and get TL to cover it (but you do need that guarantee in writing from them).

All about POPLA in the NEWBIES FAQ sticky, post #3.

The_Deep

I know what forum regulars would do.


What would they do?

Umkomaas

The_Deep wrote: »

I know what forum regulars would do.


What would they do?

Perhaps I should have qualified it with ‘almost all’.

Hip7559

Thank you, appreciate the help.

I'll make an appeal to POPLA once I've read up on it (on MSE).
Will post the outcome as soon as it comes through. Fingers crossed

And thanks again.

Lee

KeithP

JonesLee wrote: »

Thank you, appreciate the help.

I'll make an appeal to POPLA once I've read up on it (on MSE).
Will post the outcome as soon as it comes through. Fingers crossed

And thanks again.

Lee

Feel free to post your draft PoPLA appeal here for appraisal before you send it if you wish.

Hip7559

Hi guys, thank you for your help previously, i have an update. Ill copy and paste but in short Britannia have won this appeal and are now asking for £100.

Decision
Unsuccessful
Assessor Name
Alexandra Roby
Assessor summary of operator case
The operator!!!8217;s case is that the appellant did not purchase a valid parking ticket.
Assessor summary of your case
The appellant!!!8217;s case is that the site is poorly lit and that he parked in off peak hours. He states that the hotel staff suggested that he should purchase a parking ticket in the morning and upon doing so, the appellant advises that the machine gave him one hour free parking. The appellant states that it was not made clear to him that the site is Automatic Number Plate Recognition (ANPR) operated and that payment was required. The appellant has provided his correspondence with the operator and the hotel to support his appeal.
Assessor supporting rational for decision
The terms and conditions of the site state: !!!8220;£100 Parking Charge Notice may be issued to all vehicles which: fail to purchase a valid ticket, voucher or permit!!!8221;. The operator has issued the Parking Charge Notice (PCN) as the appellant did not purchase a valid parking ticket. Images from the operator!!!8217;s ANPR system have been provided, which show that the appellant!!!8217;s vehicle entered the car park at 23:29 and exited at 08:15 on the day in question, staying for a total of eight hours and 44 minutes. A system generated print out has also been provided, showing that the appellant!!!8217;s vehicle was only authorised to park at the site for 30 minutes. The appellant!!!8217;s case is that the site is poorly lit and that he parked in off peak hours. He states that the hotel staff suggested that he should purchase a parking ticket in the morning and upon doing so, the appellant advises that the machine gave him one hour free parking. The appellant states that it was not made clear to him that the site is ANPR operated and that payment was required. I refer to Appendix B of the British Parking Association (BPA) Code of Practice, which states: !!!8220;Signs should be readable and understandable at all times, including during the hours of darkness or at dusk if and when parking enforcement activity takes place at those times. This can be achieved in a variety of ways such as by direct lighting or by using the lighting for the parking area. If the sign itself is not directly or indirectly lit, we suggest that it should be made of a retro-reflective material similar to that used on public roads and described in the Traffic Signs Manual. Dark-coloured areas do not need to be reflective.!!!8221; The operator has provided photographic evidence of the signage at the site along with a site map showing the distribution of the signs throughout the site. Upon review of this, it is evident that many of the signs at the site are in close proximity to sources of light and therefore, I am satisfied that it is compliant with the BPA Code of Practice. I am also satisfied that the appellant would have had reasonable opportunity to review the site!!!8217;s terms and conditions before deciding whether to park his vehicle. While I note that the appellant may have been mis-advised by the hotel staff and his evidence of the conversations, it is not their duty to advise of the parking restrictions. The contract formed when parking is between the motorist and the operator, any third party conversation would have no bearing on the validity of this contract. Furthermore, by the appellant!!!8217;s own admission he was aware that he needed to make a payment however he failed to make sufficient payment. By doing so, he has failed to comply with the site!!!8217;s terms and conditions. As such, I conclude that the PCN was issued correctly. Accordingly, I must refuse this appeal.

pappa_golf

While I note that the appellant may have been mis-advised by the hotel staff and his evidence of the conversations, it is not their duty to advise of the parking restrictions.

but they did advise , and advised incorrectly

this should be mentioned in your complaint to travel lodge .

due to false info given by staff you now have a bill of £100

ask them to sort it , the PPC or both

The_Deep

Also, please watch this

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

You have been scammed by the PPC, and PoPLA has colluded in that scam, therefore PoPLA is unfit for purpose, Complain robustly to your MP.

waamo

I would hold my nerve still. This shambles of an outfit send debt collectors letters but not much else.

Odds of going to court are low. See here http://www.bmpa.eu/companydata/Britannia_Parking_Group.html