Change of parking management leads to PCN

Ed36

Last month I parked at Banbury Railway station one day, as I've done numerous times before to get a train for the day. Previously I've always got a parking ticket from the station and I did the same this time and thought nothing more of it.

A few weeks later I was surprised to get a PCN through from Britannia and immediately disputed it and told them they were wrong and sent a scan of my Chiltern Railways issued parking ticket.

They've then come back and said it's the wrong type of ticket. It turns out that of the 4 different car parks, that little area (and that little area only) has now been subcontracted out by Chiltern to Britannia parking and a different method of payment is required! I am not alone in this and it has been covered by the local paper.

I've now used up by appeal but have contacted Chiltern Railways who have apologised, offered to refund for the parking ticket I purchased from them and advised that POPLA may be able to help. Chiltern actually did a copy and paste which may help:

Under your circumstances, we would recommend that if you have not been successfull following your appeal to Britannia Parking that you submit a POPLA appeal (using the details provided by Britannia Parking) on the basis that the car park operator had not complied with Clause 18.10 of the “BPA Approved Operator Scheme Code of Practice (Control and enforcement of parking on private land and unregulated public car parks – Version 7 January 2018).

“18.10 Where there is a change in the terms and conditions that materially affect the motorist then you must make these terms and conditions clear on your signage. Where such changes impose liability where none previously existed then you must consider a transition to allow regular visitors to the site to adjust and familiarise themselves with the changes. Best practice would be the installation of additional / temporary signage at the entrance and throughout the site making it clear that new terms and conditions apply. This will ensure such that regular visitors who may be familiar with the previous terms become aware of the new ones.”

The single A4 laminate sign Britannia have displayed I don't consider that obvious, particularly printed with white text on a dark background when you're arriving early on a January morning when it is still dark!

Does anyone have any experience with fighting tickets when a parking provider has changed in this way? Any advice greatly appreciated.

I'm not a daily commuter but I'm sure some unfortunate soul will have been stung day after day as their usual car park has suddenly changed hands without them knowing...

Fruitcake

If byelaws apply then this will time out after six months. If that is the case you can either ignore the scammers, complain to the scammers direct telling them what the TOC has said, or win at PoPLA using all the relevant points from post 3 of the NEWBIES.

Byelaws and the change of operator will feature heavily if you go via the PoPLA route.

twhitehousescat

sub contacted the car park or changed the parking Co used to enforce parking ?

Coupon-mad

I love the fact Chiltern sent you this:

Under your circumstances, we would recommend that if you have not been successfull following your appeal to Britannia Parking that you submit a POPLA appeal (using the details provided by Britannia Parking) on the basis that the car park operator had not complied with Clause 18.10 of the “BPA Approved Operator Scheme Code of Practice (Control and enforcement of parking on private land and unregulated public car parks – Version 7 January 2018).

“18.10 Where there is a change in the terms and conditions that materially affect the motorist then you must make these terms and conditions clear on your signage. Where such changes impose liability where none previously existed then you must consider a transition to allow regular visitors to the site to adjust and familiarise themselves with the changes. Best practice would be the installation of additional / temporary signage at the entrance and throughout the site making it clear that new terms and conditions apply. This will ensure such that regular visitors who may be familiar with the previous terms become aware of the new ones.”

Send an actual copy of Chiltern's reply with your first appeal to Britannia, if you've not done that yet, and with your POPLA appeal as evidence that even Chiltern Railways are suggesting the signs are unclear.

And give POPLA a screenshot too, of the newspaper articles, not a link, an actual screenshot they will have to read.