NEWBIES L B C AND DEBT CLAIM

KeithP

Darren104 said:

KeithP said:

Quite simply...

How on earth can you possibly decide whether to park or not based on Terms and Conditions that are on the internet somewhere?

Having found the T&Cs and read them, you will have almost certainly spent more time than is allowed before paying - but you won't know that until you have read the T&Cs.

Does everyone have to have a smart phone these days - or indeed any phone?

Laughable.

 I have just read this on the BPA Guide to Members Parking Management on private land

12.3.1 Wording that may be used on mandatory entrance signs

The information below enables you to construct a sign that outlines the enforcement regime that the motorist can expect when they enter the car park that you own/manage. When you specify the sign, you must be aware that it is a summary of the main Terms and Conditions that will be found on your signs in the car park. Therefore you should not add too many conditions to this sign; otherwise you defeat the object of placing a summary sign at the entrance to your site.

Looks like the pictures of the signage i have attached is legitimate, unless anyone can tell me any different. 

It doesn't look legitimate to me.

The BPA's CoP says the entrance sign is a summary of the main Terms and Conditions that will be found on your signs in the car park.

The sign does not do that. It suggests the reader either makes a phone call or browses the internet to find out the T&Cs.

Darren104

KeithP said:

It doesn't look legitimate to me.

The BPA's CoP says the entrance sign is a summary of the main Terms and Conditions that will be found on your signs in the car park.

The sign does not do that. It suggests the reader either makes a phone call or browses the internet to find out the T&Cs.

Absolutely right Keith, I thought that as well and really glad you are on the same wave length as me.
Just a few questions, if anyone can help me out. Is this sort of signage used on all PPC car parks or just National car park Ltd?. Also, surely someone else would of picked up on this before now, and why would firms not of been made to re-design them in some way, or are they actually acceptable by BPA. How  would a judge view this?  Is there any examples of this misleading signage being used in a defence at court?

Darren104

These aren't my photos, its what BW Legal sent me last year, they apparently were taken in 2017.

Umkomaas

Is there any examples of this misleading signage being used in a defence at court?

PPC signage is almost always included in Defences and Witness Statements and many claims have faltered on the standard of signage. Do a forum search on 'Another one bites the dust' and read successful court cases, especially those where 'signage' has been critical. 

How  would a judge view this?

Which particular Judge?  There are thousands of them!  You do know that each one is king in his own courtroom, and judgments can vary between them even though case facts are all but consistent with each other.  Widely known as 'Judge Bingo' or 'litigation risk'. 

Is this sort of signage used on all PPC car parks or just National car park Ltd?

There is no consistency between PPCs, I'd be pretty certain in saying that between NCP sites there would be no consistency either.  

Also, surely someone else would of have picked up on this before now, and why would firms not of have been made to re-design them in some way,

By who?  This is an entirely unregulated 'industry', there is no overseeing body, and PPCs make the rules up to suit themselves, always to the detriment of the motorist. 

You seem not to have got the hang of how this all works. It's the UK's version of the Wild West, but without any Sheriffs!  Anything goes.

But you are aware of the Sir Greg Knight Act and the draft national Code of Practice - aren't you?

Darren104

But you are aware of the Sir Greg Knight Act and the draft national Code of Practice - aren't you?

I have never heard of either i'm afraid

Umkomaas

Darren104 said:

But you are aware of the Sir Greg Knight Act and the draft national Code of Practice - aren't you?

I have never heard of either i'm afraid

Google will enlighten. Potentially the biggest shake up of the private parking sector. Doesn't directly help you, but there is some hope that there will be much greater regulation (given it's currently at zero, that won't be difficult) and cowboy operators will have access to the DVLA database denied them if they don't comply with new requirements. 

But nothing set in concrete yet (and there's many a slip, twixt the cup and the lip!). 

KeithP

Darren104 said:

KeithP said:

It doesn't look legitimate to me.

The BPA's CoP says the entrance sign is a summary of the main Terms and Conditions that will be found on your signs in the car park.

The sign does not do that. It suggests the reader either makes a phone call or browses the internet to find out the T&Cs.

Absolutely right Keith, I thought that as well and really glad you are on the same wave length as me.

But that's not what you wrote.

You wrote...

Looks like the pictures of the signage i have attached is legitimate, unless anyone can tell me any different.

I was telling you different.

Darren104

I was telling you different.

Yes I know and thank you. What i meant was, that the thought had crossed my mind about the terms and conditions not being displayed in the car park as well, but thought they must be legit because of belonging to the BPA.

Darren104

Have a look at this letter i got from BW Legal last year regarding signage and the landowner. This letter was concerning my first PCN 3rd April 2018. Please share your thoughts. 

Umkomaas

Darren104 said:

Have a look at this letter i got from BW Legal last year regarding signage and the landowner. This letter was concerning my first PCN 3rd April 2018. Please share your thoughts. 

Usual drivel. We see stuff like this all the time. Nothing is going to make any regular stare goggle-eyed at it. Anything they state which you can use against them, you take that opportunity, somewhere in the process.