CP Plus PCN at pitch black car park

Kenneth19

Hello everyone,

I am looking for some help to win my appeal against CP Plus.

I recently received a PCN from CP Plus at a car park on a service road. I went to the car park hoping to catch some sleep as I was driving for six hours straight. The car park was almost pitch black (at around 3 am) with notice signs that were incredibly difficult to read as there was minimal light around the whole car park. I could not see or read the sign well enough as the writing was so small with no clear instructions on how to pay for the parking. Further, the car park was so dark, that even the entry image of my vehicle was barely visible.

I went back to the location to take some pictures of the signs, but it was later in the evening so still some light out.

The website they provided to submit the initial appeal does not seem to be linked to CP Plus: https://www.appealpcn.co.uk/. There is no mention of CP Plus on the website, which is odd and reduces its legitimacy.

Some guidance on how to write the first appeal to CP Plus would be greatly appreciated.

fisherjim

All the help you need is in the newbies thread on here in the stickies

KeithP

You've been here before - just a few months ago.

Remember the NEWBIES thread?
The opening post on the NEWBIES thread offers good guidance on how to appeal.

Coupon-mad

Go back in pitch black conditions after the clocks go back next weekend.

You only need the photos for POPLA stage (not for this stage) so November is also fine.

Kenneth19

Coupon-mad said:

Go back in pitch black conditions after the clocks go back next weekend.

You only need the photos for POPLA stage (not for this stage) so November is also fine.

Hey Coupon-mad, I submitted the POPLA appeal after the initial appeal through the operator was rejected. I have reached the stage where the operator has uploaded images in defense of the appeal. Most of the pictures taken within the same lighting conditions as I faced on the day prove that there is poor visibility of the signage. There is a picture of one of the signs where it is so dark, that their camera cannot even capture the writing. Should my response in the comments section of their upload be written in a particular way in this case?

Coupon-mad

Just say what you see!

Kenneth19

Coupon-mad said:

Just say what you see!

Decision: Successful

Assessor Name: Taylor

Assessor summary of operator case

The parking operator has issued the parking charge notice (PCN) due to exceeding the free parking period, and payment was not received for parking in excess of the free parking period.

Assessor summary of your case

The appellant has raised the following points from their grounds of appeal. • The signs at the car park are not compliant with the British Parking Association’s standards • There was no valid contract between the driver and the parking operator • Adequate notice of the charge was not given as per the Protection of Freedoms Act (PoFA) 2012 and the court case Parking Eye vs Beavis • They raise Lord Denning’s Red Hand Rule • The operator has not proven that the driver saw, read, and accepted the terms of parking • The lighting conditions were pitch black After reviewing the operator’s evidence, the appellant reiterates their grounds of appeal. The appellant has provided 1. 2 x images of the signs The above evidence has been considered in making my determination.

Assessor supporting rational for decision

I am allowing this appeal and will detail my reasoning below: The British Parking Association (BPA) has a Code of Practice which set the standards its parking operators need to comply with. Section 7.1 of the BPA Code of Practice outlines that parking operators must have written authorisation from the landowner or their agent, to manage the land in question. This can come in the form of a witness statement under Section 23.16B of the BPA Code of Practice or a full contract. In this case the parking operator has not provided evidence of a contract or witness statement and so I cannot confirm that they are in fact permitted to issue parking charges on the land in this case. As the appellants grounds have not been rebutted in full, I cannot confirm that this PCN was issued correctly on this occasion. I note the appellant has raised other grounds of appeal however, I did not need to consider them in order to reach a decision on this appeal.

Thanks guys and gals for the help! Saved myself nearly £200.

Coupon-mad

Very good! Have you added this (and a link to this thread) in POPLA DECISIONS?).