PCN for parking same day as camera & signs put up Countrywide PM

Taliessa

Hi there,

You guys on here helped me win my case back in 2018 in court and have advised me in assisting a couple of others who succeeded with appeals. This time I am helping a family member.

Family member is a driver for well known retail company. All drivers park in old, unused car park for years. Driver parked up as usual and a few days later got a PCN. He had no idea that Countrywide Parking Management had taken over operation that same day a couple of hours prior to him parking. He did not see any signs. It seems all the drivers including management have PCNs - none of then noticed new signage and no one knows what to do as no one knows who owns this old car park....I myself am trying to find out who owns the car park. 

My question is, with BPA CoP drivers must be given reasonable time to familiarise themselves with changes. Obviously my family member only had a couple of hours....yet I see on the government website that BPA CoP has been withdrawn? Can someone tell me what this means please? Does the reasonable amount of time to familiarise with changes no longer apply? I know Countrywide have to prove in court that my family member owes them money but if they can prove signage went up prior to him parking (even though he's been parking there freely for months) does he not have a case? Is anything in place to replace the withdrawn CoP? Many thanks for all your help
Taliessa

KeithP

This is news.
Where exactly did you see 'that BPA CoP has been withdrawn'?

1505grandad

"My question is, with BPA CoP drivers must be given reasonable time..."

Countrywide Parking Management Ltd are IPC AoS members

Trainerman

I think you would still be covered by the relevant (july 2021) IPC Code. Not only does section 8.1 stipulate clear signage, but schedule 1 says : - 

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.

I would be really fighting this, on behalf of all those affected. I believe your circumstances would be clear entrapment.

Taliessa

Here https://www.gov.uk/government/publications/private-parking-code-of-practice/private-parking-code-of-practice it the GOV.UK website 

Guidance

Private Parking Code of Practice

Published 7 February 2022

This guidance was withdrawn on 7 June 2022

Private Parking Code of Practice is temporarily withdrawn pending review of the levels of private parking charges and additional fees.

Trainerman

You are confusing Government Code with the IPC code. See my comment above, re what is in the IPC code

Taliessa

Ok thats brilliant Trainerman thankyou so much 

Taliessa

Am I correct though that 'entrapment' cannot be used in an appeal. I would formulate the first appeal on the basis of no temporary signage in place for regular drivers as in IPC schedule 1 above?

Trainerman

That would be my approach.  Keep everything pedantically legal.

Grizebeck

Taliessa said:

Am I correct though that 'entrapment' cannot be used in an appeal. I would formulate the first appeal on the basis of no temporary signage in place for regular drivers as in IPC schedule 1 above?

Dont worry your appeal will lose anyway,
You will get a court claim in due course unless you get a landowner cancelation

Coupon-mad

Yes, the NEWBIES thread does tell you all this already (see the 3rd post there, about the IAS). Almost no-one wins but that doesn't matter!

It is a farce. You are going through the motions. There is no real appeals system that's any use to consumers.  Almost all 'appealed' cases seen by a so-called Adjudicator are just nodded through.

Only 4% upheld.  That's not an independent appeals service and it is why it is being replaced by the Government next year.

Court is where you all win!

Please tell management to spread the word, so no-one actually PAYS but equally so that no-one actually thinks there is a valid and independent 'appeals service' LOL... and so no-one starts panicking when they get what they might wrongly think are bailiff letters!

You will all win in court. Easy stuff.

Send them all here and you can all share this thread.

Please let's not have ten threads about the same issue, let's make this a joint thread for you and your colleagues to use as a resource.

DON'T let anyone pay.