Parking Eye appeal rejected. Help with POPLA appeal

GemTweets

Hi everyone! On Boxing Day I parked in a Parking Eye carpark on Brook Street in Peterborough. I didn't know this area, had never parked there before. The carpark was empty other than 1 other vehicle. Lots of signs advising it was an ANPR carpark. The sign said to pay on exit and you would need your full car reg. When I was ready to leave in my vehicle, I put in my reg and paid the amount on the screen. I was very surprised to receive a PCN through advising I had not paid for a ticket. I appealed advising I did purchase a ticket on exit. Turns out the sign is very misleading and you're supposed to pay on arrival for your full intended duration. My appeal was rejected. Parking Eye said yes, I did purchase a ticket, but it didn't cover my entire duration. As this was an ANPR, I didn't realise I had to calculate my duration, I assumed as I was paying on exit and putting in my reg, this would be calculated for me.

Any advice on what to put in my final comments on my POPLA appeal? Photo of sign below

Nellymoser

The NEWBIES thread Announcement on page 1. You'll find the 3rd Post on POPLA helpful.

GemTweets

Hi! I went through the newbie thread and I couldn't see anything relevant. Would you mind sending a screenshot of the exact post you mean? Really appreciate your help. Thank you 

Nellymoser

You could try complaint to Landowner or retailer (PlanA) see if they will get PE to cancel pcn before trying POPLA who may reject your appeal.

SECOND STAGE APPEAL - POPLA OR IAS

https://forums.moneysavingexpert.com/discussion/comment/64350600/#Comment_64350600

Le_Kirk

Strange that the sign you've posted clearly states "pay on exit". 

GemTweets

Strange how? That pay on exit actually means pay on arrival? 🥴

Coupon-mad

Did you pay £3?

How long were you there?

The carpark was empty other than 1 other vehicle.

Yes, of course it was! Pretty much nobody uses car parks on Boxing Day.

Even if unfamiliar with the area, find a side street. Why would anyone use a payment car park on a Bank Holiday? Surely many of the streets were unrestricted?  I always ask this because I don't understand why drivers seek out a car park on unrestricted days or at night.

KeithP

This bit of that sign you have shown us...

           
...could easily be considered ambiguous.
Does "before exiting the car park" refer to the driver leaving the car park after having parked the car, or does it mean before the car and driver leave the car park at the end of their visit?

Perhaps we can look to Section 69 of The Consumer Rights Act 2015 to resolve this apparent ambiguity...

69 Contract terms that may have different meanings

(1) If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

GemTweets

Coupon-mad said:

Did you pay £3?

How long were you there?

The carpark was empty other than 1 other vehicle.

Yes, of course it was! Pretty much nobody uses car parks on Boxing Day.

Even if unfamiliar with the area, find a side street. Why would anyone use a payment car park on a Bank Holiday? Surely many of the streets were unrestricted?  I always ask this because I don't understand why drivers seek out a car park on unrestricted days or at night.

I was pointing out it was empty to emphasise there wasn't anyone there that might've made me click that you're supposed to pay in advance in a "follow the herd" type way. 

I don't know the area, I checked beforehand for somewhere to park close to where I was meeting my friends. It was the city centre and no random side streets to park in. Also, being a lone female I didn't feel comfortable parking somewhere hidden away or too far from where I needed to be as it would and dark upon my return. I didn't have an issue paying for parking. I'm just annoyed and upset that I thought I was doing the correct thing according to the signs. I was there for 3 hours and paid £3

Gr1pr

The sign is ambiguous and misleading to me too

I would expect any such criteria to rely on the equipment telling me what to pay,  same as shopping at Asda or a petrol station,  anywhere that is a pay at the end scenario,  like at my local hospital for example,  or at the airport 

GemTweets

Gr1pr said:

The sign is ambiguous and misleading to me too

I would expect any such criteria to rely on the equipment telling me what to pay,  same as shopping at Asda or a petrol station,  anywhere that is a pay at the end scenario,  like at my local hospital for example,  or at the airport 

Me too! That's why I don't want to handover any money. It feels deliberately misleading