Azure parking - new signs

pokerish

Hello

This parking notice was received by azure parking. The car had been parked in the spot which has never had signs, but signs were put up on the 3rd of June, and the notice sent out on 7th on June.

I have appealed using the newbies one size fits all template.

i then noticed there were bespoke appeals written on another thread for azure parking, but it’s too late for me now as I used the one size fits all. 

Gr1pr

No parking means that there was nothing on offer,  no consideration,  so no contract 

pokerish

Hi there 

thanks for replying. What do you mean by this? The car was parked there but the signs were put up whilst it was parked there 

Car1980

Well, no contract at all.

Gr1pr

You didn't mention that fact in the first post 

Then study the joint Code of Practice to see what it says about bedding in periods when changes are made and consider making a complaint to the relevant trade body about sharp Practice such as this

Get pictures of the signs too, and write a timeline of events,  ready for any subsequent appeal 

Thorndorise

A few questions for you...

15 mins on the nose seems a bit coincidental doesn't it? - and also why no pictures - assuming you did indeed enter and exit an area as described with ANPR/CCTV - why haven't they actually included any evidence? (also if you entered and exited a 'place' that you are not allowed to park, how did they capture your entry and exit times)?

@Gr1pr is stating that you cannot be liable for parking, in a place that doesn't offer parking - the terms on the 'supposed' signs prohibit this - so you couldn't possibly 'park' and therefore breach those terms - i.e. you didn't enter into a contract with them to park....no case.

I'm fairly sure that the NtK fails in terms of PoFA - The NTK fails PoFA because there is no invitation to the keeper to pay the charge as required by 9(2)(e)(i), see here https://forums.moneysavingexpert.com/discussion/comment/80989928/#Comment_80989928
based on @Coupon-mad advice and previous threads about Azure.

Hopefully your one size fits all response didn't identify you as the driver! What was their response to that appeal from them?

Be good to know the location in case others have also combatted this site to assist you....

You state

The car had been parked in the spot which has never had signs, but signs were put up on the 3rd of June, and the notice sent out on 7th on June.

and then 

The car was parked there but the signs were put up whilst it was parked there 

These contradict each other, the signs went up on 3rd June but you 'stopped' there on the 7th June?

pokerish

Hi just replying to your last point, the car was parked in one spot, did not move, from 1st June to 10th June. When the car was initially parked, there were no signs at all anywhere saying no parking is allowed. These signs were put up on 3rd June (someone else told me this, however I did not notice this). 

Thanks 

pokerish

There is no ANPR that I am aware of. I have attached a few pictures of the area. Car was parked where the red car is in the first picture. 

Yes no identification of driver but have not received the response from them yet.

. 

Gr1pr

Tpyou are drip feeding the information,  but study paragraph 3.4 in the code of practice regarding new enforcement signage etc, plus anything else about enforcement after a change has occurred,  whist waiting for the appeal reply 

Essentially you are stating that no signs were present when the driver parked,  but were erected a few days later,  with subsequent immediate enforcement by way of an NTK PCN letter,  so we can assume that the signs were there when the vehicle left that site

Thorndorise

Gr1pr said:

Tpyou are drip feeding the information,  but study paragraph 3.4 in the code of practice regarding new enforcement signage etc, plus anything else about enforcement after a change has occurred,  whist waiting for the appeal reply 

Essentially you are stating that no signs were present when the driver parked,  but were erected a few days later,  with subsequent immediate enforcement by way of an NTK PCN letter,  so we can assume that the signs were there when the vehicle left that site

So this is important as @Gr1pr has said, if the signs did go up whilst your car was parked that's an easy out.

Sadly as you can see, the site was infested previously (June 2021) which makes me think that it's likely there were signs from this PPC or another until it was handed over (these signs are from CPM)

Not the end of the world, the signs seem poor and there are none where your car was parked (which is weird). There are also no entrance signs (unless they went up after you parked with the new company).

Have you got any photos of the site today? - or at the time of collecting your car?
Has Azure got any photo's of your car?

pokerish

Hi all,

thanks for your replies.

• CPM definitely did not monitor the parking area on the right, as I had previously explicitly asked them. There was no parking enforcement at all. CPM only monitored the zigzag area to ensure no cars are parked there. 

• I will do the following "study paragraph 3.4 in the code of practice regarding new enforcement signage etc, plus anything else about enforcement after a change has occurred,  whist waiting for the appeal reply 
  
  Essentially you are stating that no signs were present when the driver parked,  but were erected a few days later,  with subsequent immediate enforcement by way of an NTK PCN letter,  so we can assume that the signs were there when the vehicle left that site. Get pictures of the signs too, and write a timeline of events,  ready for any subsequent appeal"

• no response from them yet
• i will get photos of the area

does it seem like they could cancel this one?

thanks again and sorry for dripfeeding information