Group Nexus/CP Plus - MOTO Toddington Northbound

ItsWinchy

Good evening,

The driver fell asleep one night on the way back from work cause he was feeling exhausted and went over the free parking limit. I found a similar case on the forum of a person mentioning a telegraph article where a MOTO spokesman states there policies of not charging drivers for taking a nap due to safety reasons and in this article a charge was rescinded after being 'brought to their attention'.

So as it stands right now I've emailed back and forth constantly complaining to their parking queries email address referencing this article and reminding them they're responsible for making sure their policies are enforced properly by their contractors.

As you've probably guessed this hasn't been successful, she acknowledges the article and policies I'm referring to but dodges and glosses over the parts where I talk about MOTO previously intervening. She is persistent in telling me to go through the appeals process to 'ensure that all appeals are reviewed consistently and fairly, in line with the policies we have in place'.

First appeal has been rejected as expected. I am currently doing the POPLA appeal, i've read through the section on the newbies thread but its quite overwhelming with the amount of information there i'm not really sure how to go about it.

Coupon-mad

I wouldn't bother with POPLA. 

ItsWinchy

I'm assuming they aren't even going to bother pursuing?
If that is the case should I withdraw my POPLA appeal?

KoalaMSEF

You could complain to a different person at MOTO insisting they intervene. Plan A is still the best one. Or, the process will unfold towards a court claim if Popla doesn't work. 

Coupon-mad

ItsWinchy said:

I'm assuming they aren't even going to bother pursuing?
If that is the case should I withdraw my POPLA appeal?

You started it already? No, don't withdraw it but obviously ignore it when you (likely) lose at that farce of an appeals service.

Why did you rush into POPLA when it's not recommended?

Your post said you hadn't:

First appeal has been rejected as expected. I am currently doing the POPLA appeal, i've read through the section on the newbies thread but its quite overwhelming with the amount of information there i'm not really sure how to go about it.

ItsWinchy

I had to start POPLA appeal as it was left to last minute. Won't go into detail just had a lot of things going on since the start of the year that have completely overshadowed this ticket.

I've tried different avenues to complain. I went back to the service area to ask for a manager and was given a number to call. The on site manager that answered was referring me back to the same parking queries email that I found on here.

POPLA appeal has been updated today with operator evidence, there is a witness statement signed by Moto's head of commercial and fuel. After doing a bit of digging I've managed to find an email address for him would it be worth a shot sending him an email and do you have any other suggestions for making a complaint?

Gr1pr

Definitely complain about the PCN to MOTO, no question about it,  don't ask,  just do

Draft your popla comments too, you get 6 days to submit them to popla,  not 7 days 

ItsWinchy

In this section below they have sent a complete lie in their evidence pack. They weren't my answers so how do I explain that in my comments or provide more proof?

Coupon-mad

They aren't saying those were your answers. That's just an image of the blank form & dropdown menu.

ItsWinchy

Ok thank you for clearing that up. below is my popla comments draft do you think i should submit it as is?

Pages 6 - 15. 

There are many parts of the templates that are illegible on this PDF even sitting here observing them at my desk, so as a motorist driving into the service area how are you expected to read from a distance.

Template examples are not strict proof, they do not show lighting, weather conditions, time of day or give any perspective of how they appear to the driver.

The amount of signs the operator claims are fitted in Section B (pages 6 - 15) is significantly less than what is shown on the signage plan (page 26):

Operator claims 18 Car Tariff/T&C signs fitted North, on the signage plan there are 14.

Operator claims 9 Just Park signs fitted North, on the signage plan there are 6.

Operator claims 9 Small Reminder signs fitted North, on the signage plan there are 5.

Operator claims 18 GDPR signs fitted North, on the signage plan there are 6.

Operator claims 8 HGV Tariff signs fitted North, on the signage plan there are 4.

Although HGV is not relevant it is worth noting and in total that is 27 signs on the North bound site that are not accounted for on the signage plan.

Their placement is sparse being mostly around the edges of the site which I assume is the boundaries from the signage plan, far away from the main bulk of car parking situated in the middle from which they will never be seen.

Pages 27 - 46.

There is nothing that shows how close the car was to a sign.

Every photo presented by the operator has been taken late morning between 11am - 12pm almost 4 months prior, this is not an accurate representation as the PCN states Arrival time as 20:24 and departure time as 23:14 in the month of November where it would be complete darkness. None of the signs have any form of lighting installed to them to make them remotely visible at that time of night.

Most of the photos taken (pages 27, 28, 31, 32, 34, 36, 37, 39, 40, 41, 45) are more or less right in front of the sign in broad daylight and due to font sizing are barely legible if at all.

Pages 29, 33, 35, 38, 42, 43, 44, 46, signage is completely illegible with photo on page 43 specifically being almost unnoticeable against its surroundings without closer inspection.

Cross referencing from the signage plan, photos on pages 38, 39, 40, 41, 42 are on the west side boundary which is the HGV parking side of the site and away from the main bulk of car parking spaces in the centre.

The Witness statement is not signed by the landowner nor does it identify whether Shaun Stanley has authority from the landowner to sign legal agreements.

Coupon-mad

That's very good.

Send it because you've done a good job of dismantling their signage evidence.