Walsall McDonald's Wisemore Ocean Parking

patient_dream

I would imagine the signs are the same, just another site where the BPA don't give a toss as long as they get their membership fees ?

Tongaat101

Hi, just wanted to thank people on this forum for the information regarding the MacDonalds car park. My appeal was successful and tbh this forum and the information yourll have posted have helped immensely. Appreciate your contribution! Thank you.

Tongaat101

@stefano123 thank you for the information you have posted. You have been very open and generous with your knowledge and information  and I am very grateful. Thanks

Coupon-mad

Tongaat101 said:

Hi, just wanted to thank people on this forum for the information regarding the MacDonalds car park. My appeal was successful and tbh this forum and the information yourll have posted have helped immensely. Appreciate your contribution! Thank you.

Very good! Did your complaint to McD's help?

Tongaat101

Hi CM, no unfortunately my complaint to MacDonalds fell on deaf ears, absolving themselves of any responsibility. I will not be using that MacDonalds wisemore if I can help it. The appeal to popla was the only way through. This whole area needs an independent lead review , it’s just so misleading to so many people that it’s quite obvious the current system is not clear and transparent to innocent motorists.

Tongaat101

For info regarding on my successful appeal:

Assessor summary of operator case

The operator has issued the Parking Charge Notice (PCN) due to failure to pay for full duration of stay. 

Assessor summary of your case

The appellant has raised the following points from their grounds of appeal: • There is a lack of clear signage at the site and insufficient signs in place. • The signs do not bring the PCN amount sufficiently to a motorist’s attention due to the small font. • The terms at the site have changed frequently so the parking operator is in contravention of BPA code 19.10. • They were not informed by the staff at McDonalds of the parking terms and conditions. • McDonalds customers have 1 hour to park and eat, the appellant was only there for 35 minutes. • The appellant is the registered keeper but not the driver of the vehicle., the PCN has been issued outside of the Protection of Freedoms Act 2012 (PoFA). • The parking operator does not have landowner authority. It is important to note that the appellant was provided the opportunity to comment on the operator’s case file, but we did not receive any comments from them. The appellant has provided description of their appeals, receipt for McDonalds and a link to google maps as evidence to support their appeal. The above evidence will be considered in making my determination.

Assessor supporting rational for decision

When an appeal comes to POPLA the burden of proof begins with the operator to evidence that the PCN has been issued correctly. In this case the operator has issued the PCN to the appellant for failure to pay for full duration of stay. • McDonalds customers have 1 hour to park and eat, the appellant was only there for 41 minutes. The British Parking Association (BPA) has a Code of Practice which set the standards its parking operators need to comply with. Section 17 of the Code recognises that drivers are more frequently required to enter their vehicle registration when paying for parking or registering for a permit. Section 17.4B requires the parking operator to have a process for dealing with major keying errors. Where the motorist has proven they were a legitimate user, it requires the parking operator to offer to reduce the amount of the PCN to £20 if it can be shown that the driver was a genuine user of the site. In this case the appellant provided evidence of being a customer of McDonalds on the date the alleged contravention occurred, this was provided to the parking operator when the appellant logged their appeal. The parking operator has included images of a sign that states “…McDonalds Customers…Please enter your full and correct vehicle registration mark into the tablet to allow 60 minutes free parking…”. As the appellant provided evidence of being a legitimate user of the site the parking operator should have offered them the reduced payment of £20 as they have failed to do this, I am not satisfied the PCN has been issued correctly. I note the appellant has raised other issues as grounds for appeal, however, as I have decided to allow the appeal for this reason, I did not feel they required further consideration.

Coupon-mad

That's a great decision by POPLA!  Which Assessor?

Please post your successful decision in POPLA DECISIONS at the top of the forum so more people will see it, and state which PPC and which McDonalds.

This whole area needs an independent lead review , it’s just so misleading to so many people that it’s quite obvious the current system is not clear and transparent to innocent motorists.

Yep...it is already happening and has been in motion since 2018.  Nearly there, pending one more thing.

Were you unaware the law is changing because the Government has stepped in to regulate this rogue industry?
https://www.gov.uk/government/news/government-clamps-down-on-rogue-parking-firms-with-new-code-of-practice

Come back and join us shortly for the final Government Public Consultation.  Your only chance to have a say.  The DLUHC are listening (I am on the Government Steering Group and have been "listened to" since 2020, hence the robustness of the new statutory Code!).

You can have a say too. Be aware that a vital private parking law Public Consultation is coming very soon, asking consumers about the levels of parking charges and banning rip-off 'fees'.

Explained here:

https://forums.moneysavingexpert.com/discussion/comment/79803066/#Comment_79803066

Don't miss it!

Bookmark the necessary thread as shown there and set email alerts.

We need EVERY VICTIM to take part and answer the questions (anticipated in March according to something I saw from the BPA).

It's the only favour we ask - but I'm sure you and your family will want your voices heard by the Government.

Tongaat101

Hi CM, see below the assessor. 

Decision

Successful

Assessor Name

Gregory McGlynn

Assessor summary of operator case

The operator has issued the Parking Charge Notice (PCN) due to failure to pay for full duration of stay.

Coupon-mad

They have some new names recently!

Delovery1

hi, I am currently facing the same issue as above. I received a PCN for overstaying. I can see there is information regarding the appeal to POPLA but How do I proceed with making the first appeal to Ocean Park?