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Bolton Shopping Park - Bad signs
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Lings625
Posts: 25 Forumite
Hi All,
My husband received a PCN, as registered keeper, for a parking incident at the Bolton Shopping Park. I successfully challenged a PCN last year on behalf of my husband and having won that appeal I!!!8217;m going to challenge this one too. I learnt so much last year from everyone on this forum that I!!!8217;m confident on the points I will bring up in the appeal but I just need a little bit of help with defining public highway as an additional point. Anyway the some details on my case are below:
Date of event: 18/01/2018
Date issued: 29/01/2018
Date we received the PCN: 12/02/2018
ANPR camera captured our car entering the car park at 10:22 and leaving 13:43 so the driver had overstayed the 3hr maximum stay by 21 minutes. It was a genuine oversight.
Having been back there today I took some pictures of the signs and the entrance to the car park etc. The signs are genuinely terrible. The fine is not in a larger font or in a box in a different coloured background so definitely not following recommendations on signs.
The points I will bring up are:
1) Euro Car Parks Notice to Keeper failed to meet the mandatory delivery timescales laid down by POFA
2) The operator has not shown that the individual who it is pursuing is in fact the driver who may have been potentially liable for the charge
3) There were no signs at the entrance of the car park stating the terms and conditions of the car park. Additionally the signs in this car park are not prominent, clear or legible from all
parking spaces and there is insufficient notice of the sum of the parking charge itself
4) No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice
One of the points to dispute is the lack of signs at the entrance to the car park. I!!!8217;ve looked for other cases about PCNs at Bolton shopping park but there don!!!8217;t seem to be many. I found one that brought up a point about public highway which is what I want help with. The ANPR camera is situated before a roundabout just off the A579. The roundabout has 3 exits to different areas or quadrants of the car park which is what I would deem as the entrances to the car parks. There are no signs at these 3 entrances. The ANPR is actually on the public highway and there are some signs but no information with regards to fines if you overstay etc so not enough information to form a contract with me. I just wanted to check whether there are any guidelines as to having ANPR cameras on public highways rather than at the entrances to the car parks? Any information or guidance would be great. Thanks!
My husband received a PCN, as registered keeper, for a parking incident at the Bolton Shopping Park. I successfully challenged a PCN last year on behalf of my husband and having won that appeal I!!!8217;m going to challenge this one too. I learnt so much last year from everyone on this forum that I!!!8217;m confident on the points I will bring up in the appeal but I just need a little bit of help with defining public highway as an additional point. Anyway the some details on my case are below:
Date of event: 18/01/2018
Date issued: 29/01/2018
Date we received the PCN: 12/02/2018
ANPR camera captured our car entering the car park at 10:22 and leaving 13:43 so the driver had overstayed the 3hr maximum stay by 21 minutes. It was a genuine oversight.
Having been back there today I took some pictures of the signs and the entrance to the car park etc. The signs are genuinely terrible. The fine is not in a larger font or in a box in a different coloured background so definitely not following recommendations on signs.
The points I will bring up are:
1) Euro Car Parks Notice to Keeper failed to meet the mandatory delivery timescales laid down by POFA
2) The operator has not shown that the individual who it is pursuing is in fact the driver who may have been potentially liable for the charge
3) There were no signs at the entrance of the car park stating the terms and conditions of the car park. Additionally the signs in this car park are not prominent, clear or legible from all
parking spaces and there is insufficient notice of the sum of the parking charge itself
4) No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice
One of the points to dispute is the lack of signs at the entrance to the car park. I!!!8217;ve looked for other cases about PCNs at Bolton shopping park but there don!!!8217;t seem to be many. I found one that brought up a point about public highway which is what I want help with. The ANPR camera is situated before a roundabout just off the A579. The roundabout has 3 exits to different areas or quadrants of the car park which is what I would deem as the entrances to the car parks. There are no signs at these 3 entrances. The ANPR is actually on the public highway and there are some signs but no information with regards to fines if you overstay etc so not enough information to form a contract with me. I just wanted to check whether there are any guidelines as to having ANPR cameras on public highways rather than at the entrances to the car parks? Any information or guidance would be great. Thanks!
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Comments
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You don't really need one, just any ECP thread. They are all the same!I've looked for other cases about PCNs at Bolton shopping park but there don't seem to be many.
Is it? Complain about that to your MP and to the Council Highways Dept, now.The ANPR is actually on the public highway
Re the PCN appeal, if you are not yet at POPLA stage, just submit the NEWBIES thread appeal template online, in the name of the registered keeper named on the NTK.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
check with the council if this road you talk about really is a public road, under their stewardship
to me it sounds more like a private access road to get to this retail park0 -
Hello Coupon-mad! Glad to see you!!!8217;re still here !!!55357;!!!56836;. Yes I forgot to say that I!!!8217;ve submitted the appeal and awaiting the popla code. Just getting the points together so I can resolve this one quickly.
I!!!8217;ll be sure to complain to the local MP and the Highways Department RE the ANPR camera and will look at the generic ECP threads. Thanks!0 -
Yes I will check with the council before bringing this up to the local MP or the Highways Department. Thanks Redx0
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see you!!!8217;re still here !!!55357;!!!56836;. Yes I forgot to say that I!!!8217;ve
what are those numbers about??From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
Throughout here you are advised never to reveal who was driving.
You need to edit your OP to remove details of who was driving0 -
I’ve done my best to edit the original post. Let me know if you think it requires further editing. I didn’t think I had discussed who was driving.0
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Yes it needs loads more editing!! Refer to "the driver" did this/that!0
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see you!!!8217;re still here !!!55357;!!!56836;. Yes I forgot to say that I!!!8217;ve
@OP - if you are using an iPad or iPhone, to get rid of the above punctuation errors, go to your 'Settings' > 'Keyboard' and switch off 'Smart Punctuation'. That will 'cure' the issue.[/b]
what are those numbers about??
Advice gleaned from another MSE forum, helpfully linked by Quentin a few days ago.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 Street0
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