PCN- Confusing signage, Kilner Way Retail Park- Match Day

Rosa2019

Hello
I am knew to this forum.

As the keeper of vehicle I received a PCN for overstaying in a retail park area (Kilner Way Sheffield). The PCN shows my car has entered and left the car park showing it stayed there for 2 hours and 24 minutes. The parking area of the retail park is managed by Smart Parking Ltd, when entering the car park from dual carriage way there is a small sign saying parking restriction apply, it is then in smaller print states that this is a private car park and has restricted parking time - Not every driver would notice this sign. Then when you enter the parking area there are various signs about disabled and parents and child and there is only one signage stating that maximum stay is 3 hours and on match days it will be reduced to 90 minutes. This is rather a large car park and you have to get out and walk along 5 shops to get to a point to see this sign.

I have visited this car park with my young children for the first time and did not know about such restriction. Apparently I entered on the match day and hence I overstayed. I sent them an appeal letter showing the receipts and stating that I did not know about match day restriction and the fact that that day was a match day. They have rejected my appeal and have given me a code to appeal to POPLA if I want to stating that I overstayed the allowable 120 minutes, by the way I do not know where this 120 minutes comes, nothing has been stated in the appeal and even if this was a match day, I had to search internet to find out there was a match at Sheffield Wednesday club. I have just learnt that I was not obliged to reveal the driver's name, reading through forum I learnt that they should have stated that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper (i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;"

The letter starts with the following statement:
"Smart Parking Ltd have the right to seek payment of the parking charge for unauthorized parking of the vehicle on the land on the relevant date as owner of the land on the basis of a contractual right to occupy or to have possession of the land, or acting as agent of the landowner.
The signage, which is clearly displayed at the entrance to and throughout the car park, states that this is private land and the car park is managed by Smart Parking Ltd.
By either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted, in accordance with the terms and conditions set out in signage, the parking charge is now payable to Smart Parking Ltd (as the creditor)"

Now I learnt that they should have asked for the driver information in the first letter, am I right?

Anyway there is no way for me to have known if there was a match day on that day; as there was no clear signage in an appropriate place to be seen. I am told that on the match day they will be a sign at the entrance stating "match day see terms and conditions". Then the question is why this sign has not been displayed next to the main signs showing restriction on match days inside the car park area? Why it should be displayed on double lines when you are entering the site and obviously there are cars behind you which would prohibit you of stopping to read the overhead signs at the entrance?

I would appreciate any help on this matter and how to proceed with POPLA appeal procedure? Should I include my receipts stating that I was a genuine costumer who simply did not see all the signs, as it appears there would have been only a small sign at the entrance staying it is a match day. Or should I remind POPLA about not correctly being advised on my rights and liabilities as the keeper of the vehicle, according to the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, "failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act."


Do I stand any chance in this case at all?

Any help is greatly acknowledged.
Regards, Rosa

Coupon-mad

Hi Rosa - and welcome!

Smart Parking

Would have been beaten with ONE email had you come here earlier before you rushed out this doomed appeal:

I sent them an appeal letter showing the receipts and stating that I did not know about match day restriction and the fact that that day was a match day.

Now I learnt that they should have asked for the driver information in the first letter, am I right?

No, makes no odds anyway as you've told them who was driving.

I would appreciate any help on this matter and how to proceed with POPLA appeal procedure? Should I include my receipts stating that I was a genuine costumer who simply did not see all the signs, as it appears there would have been only a small sign at the entrance staying it is a match day.

No, that is mitigating circumstances and POPLA can't take it into account.

Or should I remind POPLA about not correctly being advised on my rights and liabilities as the keeper of the vehicle, according to the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, "failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act."

Nope, because you already blabbed about being the driver.

Do I stand any chance in this case at all?

Yes. But before trying POPLA, try the really OBVIOUS route.

Complain to the retailers you were shopping at, speak to the Store Managers only, and if need be the overall Management of the retail park (Google it) and get them to cancel it.

It never ceases to amaze me that so few people even think of this to kill a fake PCN off.

Do that first - not in a weak 'please help me' way and not worded as an 'appeal'! Word it really angrily about this scam - for clues, see BS Newbie's thread where he's just forced Waitrose to cancel several PCNs from Britannia Parking.

No link, I gave you the username only, so that you can practise looking for a member's posts and finding threads if you are not yet familiar with the forum.

Rosa2019

Thanks for the respond, I have already spoken to the store manager they think I need to go to Popla, but they cannot do anything themselves, this is just ridiculous,

Coupon-mad

Yep we know that you have, but that is NOT where BS Newbie let it lie.

I meant you to read his thread and do what he did. Not give up at the first brush off.