Secure parking Solutions (Foundry Gym Dudley)

Coupon-mad

Sankai said:

Coupon-mad said:

You can say that there can be no keeper liability where there is no ‘adequate notice’ of the parking charge (POFA REQUIREMENT).

Unfortunately there is one...they were pretty good with their NtK, and my grounds on this are pretty thin.

That’s not what adequate notice means! Think about it.

Sankai

Coupon-mad said:

Sankai said:

Coupon-mad said:

You can say that there can be no keeper liability where there is no ‘adequate notice’ of the parking charge (POFA REQUIREMENT).

Unfortunately there is one...they were pretty good with their NtK, and my grounds on this are pretty thin.

That’s not what adequate notice means! Think about it.

Was you actually talking about notice board? Sorry, I've tried to google, read again, but being foreigner sometimes makes me look soo dumb... =/

Coupon-mad

It means giving a driver adequate warning of the parking charge.

The signs in the car park.

So you can say, due to three different signs from three different companies (2 parking firms plus the most prominent yellow sign from Foundry Gym) all conflicting with each other about the terms, this site cannot be deemed to pass the POFA requirements for ‘adequate notice’ of a parking charge, who the alleged contract might be with and what ‘relevant obligations’ and charges apply.

Therefore there can be no keeper liability because Schedule 4 of the POFA is not just about the paperwork.

Sankai

So, I've made new photos with metadata and the first case is ready to upload tomorrow. But I still have second case where the driver parked like this on a same car park...yeah =D should I enlighten the point that the NtK was received because of 'obstructive parking or vehicle parked in no parking area/zone' but not because initially it supposed to be PRE-AUTHORISED, PERMIT ONLY car park. I mean the operator choose which terms to apply depending on mood?  I'm (I'm not a keeper nor driver) a long term Dudley Foundry member, and a whole year no one received a NtK. It started like 2 months ago. But they never issue NtK if you are parked in a simple white bay. https://drive.google.com/file/d/1qPz9cB6SASlI11CkvpvrNboWlkVlrOkC/view?usp=sharing

Coupon-mad

Should I enlighten the point that the NtK was received because of 'obstructive parking or vehicle parked in no parking area/zone' but not because initially it supposed to be PRE-AUTHORISED, PERMIT ONLY car park. I mean the operator choose which terms to apply depending on mood?

Yes, if you are saying they changed it after issuing it.  Put everything into a long POPLA appeal for each case and you might well see them decide you are too much like hard work and they’ll drop it.

Sankai

Coupon-mad said:

Should I enlighten the point that the NtK was received because of 'obstructive parking or vehicle parked in no parking area/zone' but not because initially it supposed to be PRE-AUTHORISED, PERMIT ONLY car park. I mean the operator choose which terms to apply depending on mood?

Yes, if you are saying they changed it after issuing it.  Put everything into a long POPLA appeal for each case and you might well see them decide you are too much like hard work and they’ll drop it.

See this is what I mean. These two cuts are from Secure Parking Solution Letters they've send the keeper after he applied against NtK. 

 So the first one is from the notice, where the car was parked in a nursery space. Look how serious they are about getting the permit and authorisation from the landowner on a day of parking. They don't specify that the only one spaces that in reality have permits are nursery ones, but issued by other company.

The second cut is from the letter where the driver parked on a yellow lines. They have only specified the yellow lines, not the actual fact that the permit and authorisation was initially needed?! Can I use these letters as a proof, that the parking company has no clue that the authorisation is not needed, permits are not existant, cars can be parked for 24h, as long as the person is in the gym (gym is opened 24/7) and it's questionable and obscure how they chose which cars and for what to reward with NtK?
https://drive.google.com/file/d/1PzYqJKPjsDJv9cdR11U28HNWjuEml4i6/view?usp=sharing

Coupon-mad

Use whatever you want, plus the POPLA appeal template points shown in the 3rd post of the NEWBIES thread.  Show us your draft first,  You have 32 days to use a POPLA code.

Sankai

Coupon-mad said:

Use whatever you want, plus the POPLA appeal template points shown in the 3rd post of the NEWBIES thread.  Show us your draft first,  You have 32 days to use a POPLA code.

Hi, so I can comment now. I've read for what I should look for and there are some points:
1. They have added an entrance sign PDF version (not photo) that is not on the actual site.
2. They wrote that nursery has no more contract with Elite management and they operate the land 27/7, but I talked to nursery's manager on 6th of September and she said there is the contract and they need to call Secure parking solutions to tell them to take over.
3. Their contract indicates 10min grace period if parked in a marked area. Well the car was only observed for 4.
4. I can't see who is the landowner and if the person who's name is hidden was a landowner on a time when contract was signed.
5.And again 'Permited vehicles' they state only authorized vehicles are permitted to park outside each specific unit. But there are no permissions needed, and only people that park in Nursery places are fined?
6. The letter responding to my points I've supplied to Popla is not signed by a person...
Did I missed something?
sorry I'll upload docs in a minute

Coupon-mad

The letter of evidence to POPLA doesn't have to be signed by a person. But your other points are all great observations for POPLA COMMENTS stage.

Sankai

Coupon-mad said:

The letter of evidence to POPLA doesn't have to be signed by a person. But your other points are all great observations for POPLA COMMENTS stage.

https://drive.google.com/file/d/1gaZmhyJu8zXcKLR3zHbPKLBZx72kj-Li/view?usp=sharing
https://drive.google.com/file/d/1KdsEYsjkPKKeXkWtpMw35xgIGmzDsKya/view?usp=sharing

here we go, I hope I didn't miss any crucial points =D