Operator change

thegentleway

Hi, my friend has got a PCN in car park he's been using for months. They recently changed operator and how to pay so he got caught out. Is it worth appealing to POPLA? Thank you.

Trainerman

Yes. Among other things, there are clear requirements that any changes should be clearly bought to the attention of users. Even if PoPLA do not see this, it will be an important defence for any later court case

thegentleway

Trainerman said:

Yes. Among other things, there are clear requirements that any changes should be clearly bought to the attention of users. Even if PoPLA do not see this, it will be an important defence for any later court case

Thank you. Where might I find the clear requirements?

Umkomaas

thegentleway said:

Hi, my friend has got a PCN in car park he's been using for months. They recently changed operator and how to pay so he got caught out. Is it worth appealing to POPLA? Thank you.

Depends which parking firm. Not every parking firm provides access to POPLA.  Which firm please?

Jenni_D

For a start, read the Code of Practice for the ATA for that operator. (You mention POPLA so I'll assume they are BPA members - section 19.10 addresses this point).

https://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2020_v8(2).pdf

19.10  Where there is a change in the terms and conditions that materially affects the motorist then you must make these terms and conditions clear on your signage.   Where such changes impose liability where none previously existed then you must consider a transition to allow regular visitors to the site to adjust and familiarise themselves with the changes.   Best practice would be the installation of additional/ temporary signage at the entrance and throughout the site making it clear that new terms and conditions apply.   This will ensure such that regular visitors who may be familiar with the previous terms become aware of the new ones.

thegentleway

Umkomaas said:

thegentleway said:

Hi, my friend has got a PCN in car park he's been using for months. They recently changed operator and how to pay so he got caught out. Is it worth appealing to POPLA? Thank you.

Depends which parking firm. Not every parking firm provides access to POPLA.  Which firm please?

Local Parking Security Ltd

Trainerman

Thanks @Jenni_D. Beat me to it with the COP

thegentleway

Jenni_D said:

For a start, read the Code of Practice for the ATA for that operator. (You mention POPLA so I'll assume they are BPA members - section 19.10 addresses this point).

https://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2020_v8(2).pdf

19.10  Where there is a change in the terms and conditions that materially affects the motorist then you must make these terms and conditions clear on your signage.   Where such changes impose liability where none previously existed then you must consider a transition to allow regular visitors to the site to adjust and familiarise themselves with the changes.   Best practice would be the installation of additional/ temporary signage at the entrance and throughout the site making it clear that new terms and conditions apply.   This will ensure such that regular visitors who may be familiar with the previous terms become aware of the new ones.

That's very helpful thank you.

Jenni_D

https://www.localparkingsecurity.co.uk/

I'm not able to access their website on my work laptop but I can see them on the BPA AOS members page: https://www.britishparking.co.uk/bpa-approved-operators 

So the clause I quoted above will apply.

Fruitcake

What happened when you friend complained to the landowner?

Did he appeal to the PPC? He can't appeal to PoPLA unless that has been done, rejected, and a PoPLA code issued.
If he did appeal to the PPC, did he reveal the driver's identity? I hope not.

You friend should come here and start by reading the sticky Announcement for NEWBIES, and then take it from there themselves.
It often gets vey messing using an intermediary between this forum and the motorist, and important information often gets lost in the transfer.