PCN at Euro car park Crewe

userno478 · 15 January at 1:25AM

userno478 said:

1505grandad said:

Another thought - did you request landowner agreement in your appeal - and if so have they provided the relevant document?

My comments so far:
Page ?? of operator evidence park states:
Please be advised that it clearly states on the payment slip that this is not a parking
ticket and is a void transaction receipt.

The "payment slip" is confusingly designed. At the top, it states "Please display ticket on dashboard". This suggests it is a parking ticket. Then at the bottom, it states "Not a parking ticket"

I maintain that this slip has not been designed, so it is not liable to be mistaken for a parking tariff receipt, against the advice in clause 6.2 of the Code of Practice (version 1, June 2024).

It does not use unambiguous terms: eg "Payment failed"
The supplied pictures confirm the lack of any surface markings (noncompliant with Code of practice version 9, Feb 2024, section 19.11 regarding delineated parking bays). It is therefore impossible to comply with the stated condition (park only within marked bays) of the contract. Therefore, a contract cannot be properly formed.
The Landowner Authority contract in figure 4 does not address points e, f, i, and j of clause 14.1 of the code of practice (version 1) (seems only part of the contract sent, an appendix - this usually the case?)
No evidence received from operator showing clause 13.2 and clause 17.5 of version 1 of the code of practice ie training records.

I have reviewed the documents and I think these will be my comments:

Note two versions of code quoted as each version applies to different sections based on date.

Page 13 of operator evidence park states:
"Please be advised that it clearly states on the payment slip that this is not a parking
ticket and is a void transaction receipt."
The "payment slip" is confusingly designed and is not "clearly" one thing or the other. At the top, it states "Please display ticket on dashboard". This implies it is a parking ticket. Then at the bottom, it states "Not a parking ticket"
It has all the information one would expect on a card receipt (card no, amount, reference codes)
Further to the above, it includes the ambiguous term "void transaction receipt", instead of a clear term such as "payment failed"
All of this information is crammed into a small receipt, roughly 2 inches squared.
I maintain that this slip has not been designed, so it is not liable to be mistaken for a parking tariff receipt, against the advice in clause 6.2 of the Code of Practice (version 1, June 2024).

The supplied pictures confirm the lack of any surface markings (therefore non-compliant with Code of practice version 9, Feb 2024, section 19.11 regarding delineated parking bays). It is therefore impossible to comply with the stated condition (park only within marked bays) of the contract. Therefore, a contract cannot be properly formed.

Page 13 of operator evidence pack refers to figure 4 as the "Landowner Authority contract between Euro Cark Parks and Pedley Street - Crewe"
This "Landowner contract" appears to be incomplete, does not include the term "Landowner contract" or "contract" at all. It has no signatures visible - no evidence the document is signed.
It does not address the subpoints of clause 14 (Relationship with landowner) of the Code of Practice (version 1 - June 2024) below:
a (It does not identify the landowner but refers to the client; page 13 of operator evidence park
suggests Pedley Street - Crewe is the landowner),
e (parking tariffs)
f (means by which parking charges will be issued)
i
j (approach to handling appeals against parking charges)
Therefore, full authority to issue PCN has not been demonstrated.

No evidence received from operator showing clause 13.2 and clause 17.5 of version 1 of the code of practice ie training records. Operator has not addressed this point.