PCN at Berry Head Advice needed

Father_Stone

Yes, I have contacted Torbay Coastal people and will also contact my MP.
Thank you

Father_Stone

Thanks Rachity.
I am trying to make sense of the legislation and how that applies to me but having trouble with all the legal jargon!
Am i right in thinking that if the signs don't display the potential 'fine' adequately then they are in breach of this legislation?
Still can't find photographic evidence of the signs at that time.
I wonder if anyone else has been in a similar situation at this car park and won the court case against them?

Coupon-mad

From looking at previous threads I think I may be able to build a case based on poor signage, and evidence that the cameras are installed to take photos on the public highway and not the car park?

Yes, that was the case at Berry Head - there were lots of pepipoo threads about it and the cars were shown on the road outside, so there was no proof of the actual time spent onsite nor even that the car was ever within the car park at all on the material date...

Still can't find photographic evidence of the signs at that time.

Really? There were loads of pepipoo threads, do none come up on Google Images when you search for, say:

Berry Head Premier Park signs

or simply

Berry Head pepipoo

I know RobinofLoxley (a poster here on MSE) got a Berry Head PCN in 2016 and that he posted that PP were kicked out in 2017 and replaced with PWE.

I wonder if anyone else has been in a similar situation at this car park and won the court case against them?

Not yet because PP never used to sue and only now have they farmed a shedload of 2015 cases out to BW Legal, as I am sure you have read about when you searched this forum for all the other BW Legal Premier threads.

PP tried a couple of cases last year using their newly set up 'Legal Dept' but we beat them and they ran away from posting here (their official poster boasted about the Legal Team then never came back!). So it seems they can't manage the 2015 cases or have decided to give a job lot over to BW Legal to find out if they can do a less ham-fisted job of a claim than PP themselves, LOL!

Anyway here's a thread about the fact there were byelaws in place:

http://forums.pepipoo.com/index.php?showtopic=104274&pid=1152384&st=0&#entry1152384

...and here is one showing the car on the ROAD OUTSIDE, as their PCNs did!

http://forums.pepipoo.com/index.php?showtopic=106358

Loads more when you really search Google for pepipoo Berry Head threads and I am sure you can find pics. I recall that there never used to be an entrance sign on the wall on the right as cars entered, then they later added one (can't recall when).

Oh yes, and I've just remembered when reading one of those threads, PP NTKs in 2015 were not worded properly for keeper liability! They changed it in 2016 ish onwards.

The 28 day period was misstated as 'within 28 days of the PCN' when the prescribed wording is thus:

9(2)(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

I also have a note of a case I helped someone with on pepipoo, where the PDT machine wasn't working on 9.9.2015 and I have some pictures of the signs somewhere.

Don't suppose this is about September 2015 as well? I recall the machines played up.