Britania Parking - Appeal Rejected - Parking not validated.

PortraitEdition

Hey all,

Found this forum after I had already done my initial appeal and wish I had found it sooner!

I received a parking notice from Britania Parking whilst I was visiting a tenpin.

Tenpin have an agreement where if you get your parking validated at the till they will extend the parking from 3 hours to 5 hours. It was a new site and I was not actually informed by the staff at the time of our visit.

So a couple of weeks later I received the PCN which I immediately appeal. I didn't claim to be the driver but I did tell them I had the receipts from the TenPin and included them in the appeal.

That later came back and was rejected. I then sent up a follow up email asking for further reasoning (listed below)

I now have a few more days to make a POPLA appeal. Would it be worth it? Which would be the best course of action for appealing this.

Thank you all in advance and I hope you are enjoying the lovely sunshine we're currently experiencing.

Gr1pr

Best course of action  ? Plan A,  Get the retail park management team to cancel it ASAP 

PortraitEdition

I've tried to find the contact details for the retail park and have been unable to find them. They don't even have a postal address on there website.

When I enquired at the TenPin they just gave the details for Britannia.

Gr1pr

So read this thread about getting landowner details, presumably this was a retail park in Chester. ? Or was that a person. ?

https://forums.moneysavingexpert.com/discussion/6337652/how-to-find-details-of-landowner

Its plan A if you still want a cancellation, because I doubt that POPLA will cancel it on appeal, and Britannia definitely won't cancel it 

The failure was that the driver overstayed due to not extending the parking period at reception 

If you were to appeal to Popla, on what legal points would you rely on. ?  Given that Tenpin have told you where the signs and posters and indicators all are, plus we have not seen the signage yet, but I bet it's mentioned on them, although no landowner authority and poor signage always feature in POPLA appeals

Ps, your statement has holes in it, they told you the name of the retail park, the managing agent or landowner may be mentioned somewhere, it is on one near me , you redacted that name above , especially where it says Location 

PortraitEdition

Thanks for the link. That will be something to chase up tomorrow.

Yes it was the Chester Retail Park.

I hadn't thought of a legal points as of yet as I just assumed that there would be some recourse for a mistake? Apparently not with these scum.

I hadn't made the original booking, so I had not paid at the till. I didn't see any signs whilst I was in the TenPin about the validation and asked others who were in the group (About 10 of us) only one of them noticed yet neglected to mention anything to me.

As far as i'm aware it's a recently managed parking area. I've been going there for years and this is the first time I've ever had any issues.

I appreciate a lot of my communications with them have been fairly emotional. I'm still very angry about the whole thing.

Gr1pr

We can understand angry, but venting won't help 

Their case is that the driver overstayed the 3 hours maximum and didn't register on site in order to extend the parking for an extra 2 hours,  a mistake or oversight by the driver, but still a breach of the parking contract on the signs, assuming they mentioned it, given that we haven't seen them either 

You currently won't win on the evidence presented so far 

Tenpin are tenants, not the landowners, because they said so, hence why you contact the retail park management team for that site, who act on behalf of the actual landowner, so plan A, as I said earlier 

Or come up with a legal reason for an appeal or defence, not an excuse, excuses don't win cases like this 

Don't get me wrong, we do understand that mistakes happen, easy with hindsight and knowledge, but we are where we are 

KeithP

PortraitEdition said:

I've tried to find the contact details for the retail park and have been unable to find them. They don't even have a postal address on there website.

Google tells us that the address of Tenpin is Unit 5B & 6, Chester Retail Park, Old Seals Way, Chester, CH1 4RY

At the entrance to Old Seals Way there is this sign...

[click on the image to go to GSV]

OK, Tenpin are not mentioned on that sign, but I guess they arrived after the GSV car visited in July 2022.

Unfortunately Nightingale Property Asset Management have not put their contact details on that sign but they should be easy enough to find.

Gr1pr

A quick Google search on the whole retail park produces this 

OWNERSHIP -  Consolidated Property Group , CPG

CPG are a major UK privately owned property development and investment company specialising in prime assets in the best locations.

https://chesterretailpark.co.uk/information/. Definitely states 3 hours 

The Greyhound retail park next to this site seems to be Savills, so I wouldn't be surprised if they were the retail park management company 

KeithP

Gr1pr said:

The Greyhound retail park next to this site seems to be Savills, so I wouldn't be surprised if they were the retail park management company 

Yes, if you step back through time on the GSV view I showed above, the sign for Chester Retail Park also shows that Savills were the managing agents in October 2018 and earlier.

Coupon-mad

I'd take the complaint back to Tenpin first. Show Laura that her bright idea didn't work and so you want Tenpin to please contact Britannia to cancel it.

The POPLA Code will last till day 33. 

fisherjim

Surely also the BPA COP section on material change applies (seeing as these Muppets are keen to quote the COP) if this new system had only been in place for a couple of weeks:

Material Change - Notices

19:10 Where there is any material change to any pre-existing
terms and conditions that would not be immediately
apparent to a motorist entering controlled land that
is or has been open for public parking, you must place
additional (temporary) notices at the site entrance for
a period of not less than 4 months from the date of the
change making it clear that new terms and conditions/
charges apply, such that regular visitors who might be
familiar with the old terms do not inadvertently incur
parking charges.

If the PPC are the ones managing the parking it's their responsibility to ensure signage is informative not a third party, do Britannia have signage stating the extended parking terms and instructions?