Unfair behaviour by Privately operated carpark management company

Snakes_Belly

When terms and conditions change the operator should place signage to draw motorists attention to the changes. That is covered in the IPC Code of Practice page 30.

This seems to impact on blue badge holders particularly. I have not read all your thread but it appears that they have updated the signage regarding the changes in retrospect which suggests that you were not the only one that has fallen foul. Fortunately you have taken some images of your own. 


    

Snakes_Belly

It appears that the changes came into force at the start of May 2022 a few days before your PCN.

https://www.lewishamandgreenwich.nhs.uk/latest-news/new-way-to-pay-for-parking-21422-2486

There should have been adedquate notices to warn drivers of the changes.

This is what their code of practice says. 

Changes in Operator’s Terms and Conditions Where there is any change to any pre-existing terms and conditions that would not be immediately apparent to a person visiting the Car Park and which materially affects the Motorist the Operator should place additional (temporary) notices at the entrance making it clear that new terms and conditions/charges apply, such that regular visitors who may be familiar with the old terms do not inadvertently incur Parking Charges.  

It would appear that the signage was not adequate as another forum member seems to have had a similar issue. 

 

Snakes_Belly

"Wise Parking have installed additional signs directly under the existing signage which has a much larger printed text that states:     “Blue Badge Holders Please register your vehicle at reception. If you don’t you’ll receive a parking charge”. "

That should have been done from day one and not in retrospect after disabled motorists had been ticketed.

These changes always seem to hit the disabled drivers.

Mouse007

"improved driver experience" what on earth does that mean?

dave77238u38

Mouse007 said:

"improved driver experience" what on earth does that mean?

Exactly, how does this even answer the question I put to them?

Snakes_Belly

dave77238u38 said:

Mouse007 said:

"improved driver experience" what on earth does that mean?

Exactly, how does this even answer the question I put to them?

It sounds as if they have had a number of issues with the inadequate signage. This though should not have been done in retrospect. It is down to the PPC to ensure that the changes in terms and conditions were communicated to drivers from day one not in retrospect. This has not been done. 

It is my opinion (I am not legally trained) that they will not have a chance in court given that the so called transgression is a few days after the changes in terms and conditions. This not been properly communicated to disabled drivers as specified in the IPC Code of Practice.

Are they cancelling your PCN?

Disabled drivers are a soft target.    

 

dave77238u38

Snakes_Belly said:

dave77238u38 said:

Mouse007 said:

"improved driver experience" what on earth does that mean?

Exactly, how does this even answer the question I put to them?

It sounds as if they have had a number of issues with the inadequate signage. This though should not have been done in retrospect. It is down to the PPC to ensure that the changes in terms and conditions were communicated to drivers from day one not in retrospect. This has not been done. 

It is my opinion (I am not legally trained) that they willing not have a chance in court given that the so called transgression is a few days after the changes in terms and conditions. This not been properly communicated to disabled drivers as specified in the IPC Code of Practice.

Disabled drivers are a soft target.    

 

@ snake_Belly. their was no change to the T&Cs but the signage at the time was inadequate because it was to small to read at the time the PCN was issued, the change to the signage was that the ordinal T&Cs were blown up to a larger text scale and installed/displayed directly under the existing ones. 

Which in turn demonstrates that the original signage was inadequate when the PCN was issued.     

Snakes_Belly

I was under the impression that you now had to register your registration number with reception which had not been the case previously before Wise took over. So the terms and conditions have surely changed.

Wise took over beginning of May. PCN issued as a result of the changes in T and C's not being communicated properly.  Then changes were made in signage to make the T and C's clearer. This should have been done from day one of the changes. 

dave77238u38

Snakes_Belly said:

I was under the impression that you now had to register your registration number with reception which had not been the case previously before Wise took over. So the terms and conditions have surely changed.

Wise took over beginning of May. PCN issued as a result of the changes in T and C's not being communicated properly.  Then changes were made in signage to make the T and C's clearer. This should have been done from day one of the changes. 

Yes you are right,  their was no requirement to register a vehicle at reception before wise parking took over.  but the NHS Trusts and Wise Parking argument is that,  it was sufficiently clear to drivers that the site was under new parking management  and new T&Cs will apply and that the new signage in place thought-out the grounds to informs the driver to this. 

Snakes_Belly

dave77238u38 said:

Snakes_Belly said:

I was under the impression that you now had to register your registration number with reception which had not been the case previously before Wise took over. So the terms and conditions have surely changed.

Wise took over beginning of May. PCN issued as a result of the changes in T and C's not being communicated properly.  Then changes were made in signage to make the T and C's clearer. This should have been done from day one of the changes. 

Yes you are right,  their was no requirement to register a vehicle at reception before wise parking took over.  but the NHS Trusts and Wise Parking argument is that,  it was sufficiently clear to drivers that the site was under new parking management  and new T&Cs will apply and that the new signage in place thought-out the grounds to informs the driver to this. 

So when the new changes took place at the beginning of May the signage changed but was insufficient to alert the driver to the changes in T and C's. It was then changed to make it clearer however some people had been already caught out including the driver and another poster. 

You have images of the signage as it was on the day of the transgression. It was later changed?