No Signage in Parking Field

CAPPELLA_2

[FONT=&quot]Received an NTK from Minster Baywatch quoting POFA 2012 sched 4.[/FONT]
[FONT=&quot]There was a small car park with all appropriate signs and pay machine leading into a large ‘parking field’ where the car was parked about 100m from the entrance. The field which was several acres of grassland with a rough track contained no signage at all so the nearest sign was 100m away.[/FONT]
[FONT=&quot]This would seem to contradict Sec B of the British Parking association Code of Pactice para 18.3[/FONT]
[FONT=&quot]‘You must place signs containing the specific parking [/FONT]
[FONT=&quot]terms throughout the site[/FONT][FONT=&quot], so that drivers are given the [/FONT]
[FONT=&quot]chance to read them at the time of parking or leaving [/FONT]
[FONT=&quot]their vehicle. Keep a record of where all the signs are. [/FONT]
[FONT=&quot]Signs must be conspicuous and legible, and written in [/FONT]
[FONT=&quot]intelligible language, so that they are easy to see, read …’[/FONT]

[FONT=&quot]Would this be a sound basis for a defence/appeal ?
[/FONT]

Umkomaas

Would this be a sound basis for my defence/appeal ?

Yes, with others once you're beyond the initial appeal stage (see the NEWBIES FAQ sticky, post #1 for the template to use.

Once it gets to the POPLA stage, you use the NEWBIES FAQ sticky, post #3 to help you develop your next appeal.

Suggest strongly you get your own photos of the site, its layout and its signage. And if you're saying that the field part of the car park is remote from the main car park (with signage) then video footage will not go amiss.

CAPPELLA_2

Many thanks for your reply.
The expected rejection letter from Minster Baywatch with a POPLA verification code has arrived.
They state ‘After having thoroughly examined the payment records for the date and time in question, we can find no payment having been made for your vehicle or a vehicle with a similar registration.’
The NTK stated ‘Parking fee covering visit duration was not paid in full.’
These would appear to be contradictory statements.
A parking ticket was actually purchased (in cash) for 6hrs but camera shows an overstay of 1hr.
Since the ticket was not kept can the first statement above be contested (there are 5 adult witnesses).
Photo and video evidence has now been taken of the empty signless field and some unclear signage at the entrance to the field.

beamerguy

CAPPELLA wrote: »

Many thanks for your reply.
The expected rejection letter from Minster Baywatch with a POPLA verification code has arrived.
They state ‘After having thoroughly examined the payment records for the date and time in question, we can find no payment having been made for your vehicle or a vehicle with a similar registration.’
The NTK stated ‘Parking fee covering visit duration was not paid in full.’
These would appear to be contradictory statements.
A parking ticket was actually purchased (in cash) for 6hrs but camera shows an overstay of 1hr.
Since the ticket was not kept can the first statement above be contested (there are 5 adult witnesses).
Photo and video evidence has now been taken of the empty signless field and some unclear signage at the entrance to the field.

Tell me, does this field have a fence or a gate, can it be
seen as an integral part of the main car park or not

Coupon-mad

Since the ticket was not kept can the first statement above be contested (there are 5 adult witnesses).

You can contest whatever you like at POPLA stage, but it sounds like your signage point will be key to winning, if your pics and video are good (you can upload video and pics with a POPLA appeal).

CAPPELLA_2

As a Newbie I’m not allowed to include links or attachments so unfortunately can’t add any photos here. There is an open metal gate leading from the ‘official’ small car park into a field of several acres bounded by a fence on one side and a hedge on the other. A track runs down the centre of the field for about 100metres and cars park either side of the track. Once through the metal gate there is zero signage accept a sign describing the wildlife to be seen by the river. The field is used as an overflow car park.

Umkomaas

CAPPELLA wrote: »

As a Newbie I’m not allowed to include links or attachments so unfortunately can’t add any photos here. There is an open metal gate leading from the ‘official’ small car park into a field of several acres bounded by a fence on one side and a hedge on the other. A track runs down the centre of the field for about 100metres and cars park either side of the track. Once through the metal gate there is zero signage accept a sign describing the wildlife to be seen by the river. The field is used as an overflow car park.

HOW TO UPLOAD LINKS TO PHOTOS/SCANS TO MSE

To upload a photo/scan link, you first need to host it on a free photo hosting site (like Dropbox, Imurg or Tinypic), copy the URL, paste it here, but change the http to hxxp and we'll do the conversion. Newbies can't directly upload links to photos/scans until they've a few posts under their belt.

beamerguy

Do as Umkomaas says.

No signs should mean a win at POPLA.

Fences must be considered as a border and no signs
on the other side of this border means no contract

CAPPELLA_2

hxxps://photos.app.goo.gl/sdJ3mV2pmueKy5679

CAPPELLA_2

After chasing POPLA twice for their decision on my appeal (dated 23 Oct 2018) I received this e mail yesterday 25 Feb :

Dear XXXX
Thank you for contacting POPLA.
I have reviewed your appeal, and I can see that the decision was made on 20 November 2018. It appears that due to a system issue the decision was not sent to you, for which I apologise for. Please find attached a copy of your decision to this email.
We apologise for any inconvenience caused.
Yours Sincerely,
Matthew Yorke
POPLA Team


Also due to the POPLA ‘system issue’ I have not been given the opportunity of viewing the evidence provided by Minster Baywatch although they will have been given the information provided by me.


My appeal was refused by POPLA.


Meanwhile I received an LBC from Gladstones on 9 Jan 2019 asking for reply or pay within 30 days. Since I was still waiting for a reply from POPLA I did not reply to Gladstones.


I do not see how I could have replied to Gladstones before I was given my POPLA verdict.


I will now construct a robust reply to Gladstones but I am angry that POPLA have left me in this situation.


Will the POPLA error help my case ?

Fruitcake

CAPPELLA wrote: »

hxxps://photos.app.goo.gl/sdJ3mV2pmueKy5679

https://photos.app.goo.gl/sdJ3mV2pmueKy5679


What did you put in your PoPLA appeal? You didn't show us your draft so we have no idea what happened.

Definitely complain to POPLA and the BPA that you were denied the opportunity to see and comment on the scammers evidence. You should demand that court action is suspended as a result of their mistake.

You should also complain to your MP about this unregulated scam.