Local Car Park changed payment times, can I appeal?

donglefan

A new ticket in the post today, I thought it must be a mistake as the ticket was for a Sunday and for time immemorial Sunday parking has been free at that car park.  I phoned Waitrose as that was where I was shopping.  They said Sunday recently became chargeable, and so is after 6pm on all other days (previously free after 6pm.)   Therefore I could anticipate more fines in the post as I often park there after 6pm without buying a ticket, per the terms that were in place for many years.
Waitrose don't take responsibility because "it's the shopping centre that owns the car park", but told me there had been notices stuck on the doors of the centre about changes to parking times.  Obviously I had not noticed them.
Can I make an appeal in this situation?
Bank Park issued the fine and they are IPC.

ChirpyChicken

You have not been fined

donglefan

What happened to previous cases where chargeable parking times/ days changed and regular users were unaware until the demand arrived in the post?

Fruitcake

It depends on how long after notices were posted of changes to parking conditions, how prominent the change of parking terms were, what the landowner's contract with the PPC said, what the PPC's ATA CoP said, and a whole load of other factors including whether the vehicle keeper could or could not be held liable, and in which nation within the UK the alleged event occurred.

Plan A is always a complaint in writing from the keeper to the landowner and the keeper's MP without revealing the driver's identity.

Plan B is to appeal using the template in blue text that can be found in the sticky Announcement for NEWBIES.

Sloppyjoe

The joint BPA/IPC COP states the following:

3.4. Material changes – notices

Where there is any material change to any pre-existing terms and conditions that would not
be immediately apparent to a driver entering controlled land that is or has been open for
public parking, the parking operator 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

NOTE: Examples of material changes can include introduction of parking enforcement
where none has previously applied, introduction of time-limited free parking, or reductions
in the time limit within which free parking is available. Given the need to avoid confusion
and clutter at entrances the test is whether the fact that a change has been made is clearly
signalled to drivers on entering the land and the nature of the change is clearly displayed
thereafter – it may also be necessary to install repeater notices depending on the scale of
the premises

donglefan

Sloppyjoe said:

The joint BPA/IPC COP states the following:

3.4. Material changes – notices

Where there is any material change to any pre-existing terms and conditions that would not
be immediately apparent to a driver entering controlled land that is or has been open for
public parking, the parking operator 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

NOTE: Examples of material changes can include introduction of parking enforcement
where none has previously applied, introduction of time-limited free parking, or reductions
in the time limit within which free parking is available. Given the need to avoid confusion
and clutter at entrances the test is whether the fact that a change has been made is clearly
signalled to drivers on entering the land and the nature of the change is clearly displayed
thereafter – it may also be necessary to install repeater notices depending on the scale of
the premises

incredibly helpful thank you, as that certainly was not the case here.

donglefan

The change of chargeable times came in during January apparently.  There are no signs at all to advise regular users of the change.  I took these photos and sent them with my appeal to Bank Park. 
A lot of stress and hassle to deal with their mistake.

Switcher_Sam

"mistake" is being very generous. There will be many paying the PCNs unfortunately - it is intentional..

donglefan

Thank you once again for the terrific help here.  The demand has been cancelled. Bank Park say they will install signage.

Coupon-mad

donglefan said:

Thank you once again for the terrific help here.  The demand has been cancelled. Bank Park say they will install signage.

Good!

Could you show us their reply saying that? Might help others.

donglefan

as requested