Britannia Parking - Exeter Road, Bournemouth - Judge Grand finds signs misleading

moser1878

Britannia Parking is misleading drivers in their car park entered into and located in Exeter Road (but which they have named Exeter Park Road ) with their signage, and by positioning their car park meters close to Bournemouth, Christchurch and Poole (BCP) Council's on-street parking, which actually is in Exeter Park Road. 
On 23rd June 2023, I won the case against Britannia on behalf of a friend in the Southampton County Court in front of Judge Grand.
It would appear, that irrespective of Judge Grand's decision, Britannia have continued to operate in the same manner.  
What happens is that there are only 2 parking meters in the car park, both at the exit from the car park.  I emphasis that the exit (and thus the parking meters) is beside Exeter Park Road.  
So, if the driver is using PaybyPhone, their phone is likely to pick up BCP Council's PaybyPhone location code, instead of the location code for Britannia's car park. The driver has 10 large signs around them with the name Exeter Park Road, but only 2 small signs on the parking meters with the location code for Britannia's car park.  
Seeing the location name - Exeter Park Road - both on the signage and on their phone, the unwitting driver selects to pay - not realising the location code is not the code on the 2 small signs on the 2 parking meters.
Britannia issue £60 charges to the driver, meanwhile BCP Council have an increase in their income for parking on their on-street parking.  
Recently I was told that Britannia have submitted a planning application to extend their use for another 2 years, for operating as a car park in Exeter Road, (hope you're kept up with this conundrum!) yet they have continued to operate this car park in this misleading manner.  I have provided the evidence I submitted to Court to the planning department, in the hope they will consider it.  
The car park is actually situated and entered into from Exeter Road, Bournemouth;  has rough, rubble ground; is about 200 metres from the beach; across the road from the Bournemouth International Centre (BIC); and about 200 metres from the central shopping area, so it is extremely likely potentially thousands of drivers have been caught out like this.
By the way, I have noted that several drivers on this website seem have travelled considerable distance to their Court Hearing;  you don't need to.  You can submit a request to be heard near your home town. 
My friend lived near Southampton, but Britannia had entered for the case to be heard in Northampton;  this is yet another tactic to put drivers off from attending Court.   
I'm not a lawyer, but I've got a law degree. 
If anyone has been caught out in this way, in this car park, even though the date for objections has passed, the application is still under consideration, so do write to the Planning Department at BCP Council, (Planning Application No.7-2021-643-X);  Britannia did name the location on the application as Exeter Road and not Exeter Park Road....just to add to the mix!
And don't pay the fine, but go to Court.  If you live in Bournemouth, you can write in and request that your case is heard in Bournemouth. 
It would be interesting to know just how many people have been caught out in this way;  if you have, let me know. 

UncleThomasCobley

Well done and good luck in your challenge to the planning permission.

In a county court claim, the defendant always gets to choose which court they want any hearing. If no court is selected, the allocation judge will assign the court most local to the defendants address. The claimants will almost always request their local court but that is just in the hope that they get a gullible defendant who knows no better.

Coupon-mad

Gotta love DJ Grand at Southampton.  He was so nice in the case I won years ago!

I hope he likes the new statutory DLUHC Code of Practice that I have had a personal hand in, and our joint efforts to keep parking cases out of court by responding to the current Call for Evidence about the work of the County Court.

 

rarcher262

Thank you somuch for sharing this. This is exactly what has happened to me at the beginning of December 2023 so seems likenothing has changed. I will be taking this further and with the support of this knowledge you have shared I am hoping to win.

rarcher262

Is there anyway I can see the court case mentioned above to support my appeal?

Coupon-mad

rarcher262 said:

Is there anyway I can see the court case mentioned above to support my appeal?

Nope because there won't be a written judgment.