Parking after midnight

Palec

Hi guys, should I enclose all of abovementioned in my rebuttal please?

Coupon-mad

No because you can't.  See NEWBIES thread, and it's not a rebuttal.  It's POPLA comments stage.

Palec

Thank you.
Popla Comments stage:

The charge is not a genuine pre-estimate of loss, the operator has no landowner authority or standing to pursue charges nor form contracts with drivers. I am registered keeper of vehicle in question, who does park in Retail park on regular basis during day using 3 hours FREE parking frequently and checked poor signage on entry myself and it is inadequate.

 Signage is inadequate so there was no valid contract formed. British Parking Association (BPA) Code of Practice states “signs must be conspicuous and legible and written in intelligible language so that they are easy to read and understand”. 

Sign on entry says in Big letters FREE 3 hours parking just to invite drivers to the Retail Park anytime, including after midnight and T&C’s are in much smaller font, nothing in red like inside Retail Park, no extra lighting to pinpoint small letters after midnight either or something which would made driver to stop entering Retail park after midnight to believe it is part of FREE 3 hours allowance.

Driver was not feeling well, so used Retail park as emergency stop, after finding out that McDonalds is closed via car window, remained in vehicle and left once felt fit to drive safely again.

I checked content from operator and they mentioned completely different name in their text once not the name of registered keeper, which seems they are just sending pre-populated text.

Coupon-mad

The charge is not a genuine pre-estimate of loss, 

Say what now? 

Despite the fact the forum NEVER tells anyone to say that because the Beavis case killed that in 2015, six years ago?

Palec

BTW evidence they submitted does not state NTK, but they named it that way in Popla, but is has car details, keepers name and address, and parking charge reference number with times and amount of money demanded, not sure if to use it just in case I am wrong...I believe I received something similar in the past in the other case which was clearly named Notice to Keeper at a time, but am not sure...
Asn for site plan and signage approval it says:''I hereby agree that the above site plan, boundaries and sign locations are within our jurisdiction and give UK Parking Control Ltd permission to install signage on these locations.'' date 26.3.2020 with no expiry date if it changes something not sure...
As for authority UKPC signed 18.3.2020 and agent acting on behalf of owners 25.3.2020 with no expiry date, from reading NEWBIES I feel this should be signed by landowners, not agents with expiry date, but I put in my first draft things I do feel are wrong genuinely from observations. Thank you for your comments

KeithP

Palec said:

Thank you.
Popla Comments stage:

The charge is not a genuine pre-estimate of loss, the operator has no landowner authority or standing to pursue charges nor form contracts with drivers. I am registered keeper of vehicle in question, who does park in Retail park on regular basis during day using 3 hours FREE parking frequently and checked poor signage on entry myself and it is inadequate.

 Signage is inadequate so there was no valid contract formed. British Parking Association (BPA) Code of Practice states “signs must be conspicuous and legible and written in intelligible language so that they are easy to read and understand”. 

Sign on entry says in Big letters FREE 3 hours parking just to invite drivers to the Retail Park anytime, including after midnight and T&C’s are in much smaller font, nothing in red like inside Retail Park, no extra lighting to pinpoint small letters after midnight either or something which would made driver to stop entering Retail park after midnight to believe it is part of FREE 3 hours allowance.

Driver was not feeling well, so used Retail park as emergency stop, after finding out that McDonalds is closed via car window, remained in vehicle and left once felt fit to drive safely again.

I checked content from operator and they mentioned completely different name in their text once not the name of registered keeper, which seems they are just sending pre-populated text.

But you are supposed to commenting on the parking operator's submission, not repeating or making new appeal points.

Palec

Thank you.
Popla comments draft2:
I do not agree with parking operator's claiming signage is adequate, because on entry it says 3 HOURS FREE PARKING in large letters, them in smaller T&C's apply and I provided pictures in my Popla appeal.

Parking operator named wrong person in the text provided, which seems to be pre-populated not taking into consideration individual circumstances.

In their evidence they provided signed agent acting on behalf of owners not actual owners signature dated 03/2020 with no expiry date, which I believe does not correlate with appropriate legislation.

Redx

Much better , check the character count and see if there is anything else in your appeal it their evidence pack to support your case , if not , submit the above before the 6 day deadline ( it's not 7 , it's 6 ) , do not be late , do not exceed 2000 characters

Ps , as mentioned above , you cannot introduce anything new , only comment on what both parties have already submitted

Although I call it a rebuttal , it's POPLA comments if CM calls it that !!  

A first contact postal PCN to an RK is an NTK,  even if it does not say so on it

Palec

Thank you, cannot find anything else maybe I could pinpoint that driver did not leave vehicle as after midnight there is no shopping and everything is closed but if it would not make much sense or make difference than I would not mention it. Thank you for letting me know…

Coupon-mad

Errm...what about pointing out that it was pitch black and presumably their photos evidence is in daylight?