Retail park over max stay

fisherjim

ranid96 said:

Gr1pr said:

ranid96 said:

Thanks, so to confirm is there anything recommended that I can respond with regarding the appeal before my time window runs out?

The blue text template in the newbies FAQ sticky thread in announcements,  appeal as keeper 

If it's the appeal template I'm thinking of, I used this in my original appeal. Is it worth responding with anything else? They've said if I don't respond with the details requested they'll refuse the appeal

But you said they replied with this:

They're now asking for the full name and address of the driver in order to make a decision

Which is their standard rubbish, you don't tell them who the driver is and their decision will be to reject your appeal what ever you say!

ranid96

So I'm at the POPLA stage now. For the reason shall I select "I wasn't improperly parked" (unclear T's & C's is used an example for this) or  just"other"?

Secondly, I've seen that hiding your identity as driver seems quite important and have been doing so up to now. Does that go out the window at this stage if a NTK was served? It doesn't feel easy to contest otherwise, especially as I'm using the unclear signage, showing receipt of me being a genuine customer route etc?

Gr1pr

Other 

Did the claimant comply with pofa   ?

If yes then revealing the driver is no biggie 

If not, usually the appeal is done by using wording that does not reveal who was driving 

But if you have a stronger case by admitting you were driving,  plus if they complied with pofa,  then do your best work to try to win

Your last sentence is of more use in a landowner complaint,  which you were told, not popla,  not for an overstay

Unclear signage and no landowner authority may win it at popla, not mitigation 

ranid96

Below is my current appeal, edited from a winning previous appeal. Do you guys think it's worth me still adding in my receipt to prove I was a genuine customer somehow to this?

https://acrobat.adobe.com/id/urn:aaid:sc:EU:25c38314-3556-4b87-a6a7-b40554e7f299

Many thanks in advance

Gr1pr

ranid96 said:

Below is my current appeal, edited from a winning previous appeal. Do you guys think it's worth me still adding in my receipt to prove I was a genuine customer somehow to this?

https://acrobat.adobe.com/id/urn:aaid:sc:EU:25c38314-3556-4b87-a6a7-b40554e7f299

Many thanks in advance

No, but it should be added to show that THE DRIVER was a genuine customer,  especially if they dont know who was driving 

ranid96

Thank you - Just added a small paragraph: 

"Figure 3 below shows a deposit payment made by the driver at [xxxx] for a sofa, on the same day the PCN was issued. The driver was visiting several sofa stores within and around [xxx] Retail Park - specifically, four in total -considering a significant purchase worth thousands of pounds. It is reasonable to expect that making such an important decision would take some time. However, UKPC has determined that the driver exceeded the time limit by 33 minutes, issuing a charge of £100 for overstaying. The driver was unaware of any parking restrictions and did not knowingly enter into a contract with UKPC, as the terms and conditions were not made sufficiently clear. The signage in question had an unusually small font size, making it difficult for the driver to read and understand the parking terms. This lack of clarity and visibility should invalidate the alleged contract, as it is unreasonable to expect a driver to adhere to terms that were not properly communicated."

Anything you'd change/add? (if you haven't read through the whole appeal, there's a section dedicated to the signage if it comes across a bit brief)

Coupon-mad

I'd add here:

The signage in question had an unusually small font size and was placed impossibly high on occasional poles/a side wall, making it difficult even for any driver who saw a sign to read and understand the parking terms and £100 risk. In this case, the driver did not even see a sign. There was no agreed contract, and non-prominent terms are exactly what this Claimant appears to rely upon.  The Consumer Rights Act 2015 s71 and s62 apply and the terms and consumer notices are unfair and unenforceable for want of prominence.