Advice on non-retail carpark please?

Coupon-mad

Plymouth_help said:

Hi, I recently got the same charge from plymouth Dock carpark. If it helps I went and got pictures and they have no correct signage present. No sign references parkingeye. It instead references total parking solutions.

 It has no mention of number plate recognition. And the charges it states are not the ones referenced in letter you and I received. On top of this there are only 2 very small signs with even smaller writing in the whole car park.

I'm not sure if this is the correct place to ask but thought I would try before making my own thread. Is it worth mentioning any of the above in the stage one generic reply or wait and bring it all up at the popla second stage?

Are you sure photos were taken in the right car park? Show those photos.

There is no way ParkingEye would operate without signs.  I think pics were taken in the wrong car park area.

Plymouth_help

Maybe I'm wrong but i received and exact copy of the letter that OP received. It was in the ferry port and I took the photos from the space where I parked

You can see the sign in the background and then the close up.

Coupon-mad

And yet you got a ParkingEye PCN there?

Complain to PEYE then report them to the BPA.

Plymouth_help

Yea. Here is the parking charge letter. It looks as though this is the same location for OP so hopefully the information might be able to help them

In regard to mine. Do I do the initial appeal and put all that information in there to complain. Then also do the same on popla appeal while reporting it to the BPA. Or do I just carry on with the generic appeal and file a complaint separate?

Thanks for the help.

Coupon-mad

I think that image and question is better posted on your own new thread, as this will confuse us and it is the OP's thread about their case.

dellaclearing

Hi everyone, sorry I'm late to the party here!

@Plymouth_help thank you so much for joining in and providing your photographs. I'm sorry you had the same issue, and I confirm 100% we are talking about the same car park.

After I read your post and saw your photos, I was angry with myself for not going back and taking photos myself. You've inspired me to go back to get photos of the car park myself, unfortunately, it's not good news. I did indeed find ParkingEye signs displayed there...

Entrance:







Various signs around the car park, including the Total Parking Solutions sign you referenced before, sadly this wasn't the only Private Parking Company sign I dicovered though...




I believe the driver of my vehicle may have parked here:



... And then I spotted several ParkingEye signs...

dellaclearing

@Plymouth_help @Coupon-mad @Not_A_Hope Thank you for your help so far everyone.

I don't have the time right now to post a full reply, I just really wanted to get these photos up as quickly as I could before @Plymouth_help submits their appeal, as it may fall flat if they're able to prove that the signs do exist. You tried to help me out and I wanted to help you out in return!

Please wait until one of the experts here is able to advise you on which course of action to take next instead of using the "No ParkingEye signs on display" as your defense as it may be easy for them to throw this out.
You may need to find a different reason to appeal, I just didn't want you to play your card until someone more knowledgeable is able to advise!

As for my own case, I believe I no longer have a leg to stand on, am I correct?

GrumpyDil

Wait for the regulars to post as there are definately grounds to appeal. 

Coupon-mad

An appeal won't fall flat. It's 100% winnable.

There can't be TPS and ParkingEye signs in the same car park and this is an easy win at POPLA.

It's also a Harbour site so the byelaws mean this isn't relevant land. No keeper liability.

Fruitcake

The fact that there are PE signs in the car park is irrelevant because the TPS signs are still there as well. 
Just as C-m says, and as I pointed out on @Plymouth_help's thread, the Consumer Rights Act 2015 comes into play as well because where contract terms can be interpreted differently, the one that favours the consumer is the one that must prevail. 
It is reasonable to assume that a motorist, on seeing a TPS sign next to the landowner's sign, they would believe they were forming a contract with TPS and not with any other company.