Strange fine and poor response

madashe11

@Coupon-mad And this is for our reply referred to as "comments"? Shall I send it today?

Coupon-mad

Coupon-mad said:

There is no offer made to, nor 'relevant obligation' applicable to non-Swann Inn customers!  Nothing on the sign for everyone else!

I think you need to word it that due to lack of suitable food for a person with protected characteristics you had to leave and therefore were in essence, non-Swann Inn customers through no fault of your own and were never handed the VRM keypad nor alerted to it.  The signs outside were small and unlit and no agreement was reached and no term
breached because there is no offer made to (nor 'relevant obligation' applicable to) non-Swann Inn customers.  In short, the terms as drafted don't apply to the public at large.

Yes, state the above.

It's a winning argument in court but let's see if a POPLA Assessor understands it!

madashe11

One more thing please, there was a mention previously about going to the local newspaper with this. It is certainly something I had considered in order to bring appropriate attention to not only the plague of these parking people but the pub too whose response to our situation really shocked all of us. What is your opinion of doing that? I do have a mind of my own but this is an area I am unfamiliar with and would appreciate hearing from someone else on the subject. We only have her response via our phone call with her. Maybe we should email her so that we have something "in writing"?

Coupon-mad

Yes to a newspaper and yes to gathering email evidence.  Both are well worth doing.

GrannyKate

It occurs to me looking at old google maps that the car park arrangements predate the current tenants. Car park is across the road so I do wonder if landowner and not tenant manage the car park which is right next to the river and I would guess a popular stopping spot for passing motorists.  

madashe11

@Coupon-mad Should I include lack of lighting and small signage? We were there when it was light out and though some signs are small others are larger. I just don't want to give them any reason to dis-beleive the other points if you see what I mean.....

Coupon-mad

Minuscule and crowded text, then.

fisherjim

In addition to what Coupon-mad has stated that photo of a sign means absolutely nothing to your case.

It is not dated and POPLA are always picking up appellants for not time stamping photographic evidence what's good for the goose as they say.

As the PCN was issued by anpr not a foot patrol I would suggest that that sign is probably an office copy taken when the sign was installed it may now be completely illegible or even non existent who knows that is just a close up of a sign at some point in history! 

madashe11

Comments sent and newspaper alerted. I will let you know if anything of interest happens.

madashe11

I received a confused reply of sorts from the pub basically saying the same thing as during our phone call. As I was writing only to have to proof of our call and what was said I needed some reason for writing so asked them to let me know if they did send a message to the parking company as they angrily suggested they would do when we refused to give up and I ask what date they sent it. I felt sure the woman only suggested she might to get us "off their back ". I wont bore you with the email details unless you would like to know- the reply was mildly illiterate and the author was clearly confused about a particular point I said. They did not include anything about the "message" sent so I replied asking about it. Someone has replied this morning with just the folowing " Send over registration number and I will check ".

I am wondering if I am missing something here and want to check with you first. Is there any reason I should not give the registration details to them? They are clearly "connected" with the parking group or I am guessing they would not be able to "check"? They certainly remembered our phone call as per the email response so would the woman not remember if she messaged the parking company? Especially if they have not had trouble with this kind of thing previously? I am sure she would remember if she did or not.