PCN Received from Private Car Park - Incorrect Signage

Cyber_Knight

Good Morning!

Just looking for a little advice on this one from anyone who have a little experience in this regard.

I have received a PCN for when my car stayed at a private car park in York last month.  The signage showed that an app called "Hozah" could be used to automatically pay for the charges, and my car was already set up with this app from other car parks used previously.

We have a photo of the signage taken on the day, which shows this.

I have received a PCN stating that charges were not paid, and so i contacted Hozah to ask why their app hadn't worked.  They told us that their app stopped operating in that car park 2 months prior.

We appealed the PCN with the issuing company (Minster Baywatch), with the photos of the signage and emails from Hozah, showing the incorrect signage.

The appeal has just been rejected by the issuing company stating that the photo could have been taken at any time when the Hozah app was an accepted payment method.  And have insisted that we pay the fine.  (I feel the result would have been the same even if there was a date on the photo as they would have just accused us of adding it in photoshop or something).


At this point i just wanted to check that we have a case here to take further to the Independent Tribunal that they should be giving us a code for / and if this is the correct next step?  It appeared like an open / shut case when we made the appeal and would be more than happy to just pay the charge we would have owed on the day, if their signage had been correct.

I just cant believe we are being considered at fault, when their sign was clearly, and proven to be wrong.

Brie

They're wrong, you're right.  Others will be along to advise on the next step but will likely ask you to post a copy of the PCN here making sure any name/address/reg number are blanked out.

Gr1pr

Yes, post redacted pictures of both sides of the pcn,  no personal information or references or VRM details etc, leaving the dates showing

Post any signage pictures etc too

Were the signs on site headed as Minster Baywatch   ?  Or as Bransby Wilson   ?

Did MB give you a popla code   ?

Did you reveal who was driving in your appeal   ?

Cyber_Knight

Please see the requested info below.

In the appeal I just referred to who was driving as "The Driver".  Kept it very formal.  I didn't go into the specifics of who was driving.
(The cars registered to me, with my wife who was the driver on that day, registered as an additional driver on the insurance)

Gr1pr

Signage Bransby Wilson 

Claimant is Minster Baywatch on the NTK PCN letter 

No invitation for the keeper to pay 

You didn't answer all the questions 

Did MB give you a popla code   ?

They didn't state that the parking fee wasn't paid  !

They stated that the parking fee wasn't paid IN FULL , which would have been  £12

so was any actual payment paid and received by BW or MB etc  ?

Coupon-mad

This will be easy to win at POPLA.

Search the forum for:

Bransby POPLA

...and copy/adapt a POPLA appeal that won re the fact the contract isn't offered by MB. Also add the photo of the sign showing Hozah as an option, but this time embed it into your word doc (then saved as a PDF) as a screenshot, so the metadata shows!

Car1980

You can obtain metadata from photos if you Google it. You can tell Minster to upload the file to a metadata site, which makes their refusal unreasonable. They have 7 days or else you'll go to POPLA. And that their refusal, and all this evidence will be used in any court claim in order
to obtain costs.

James_Poisson

Typical PPC wriggling in addition to all this, it is a "Material Change" which should by the joint COP have been signed for up to four months after the Hozah link was terminated but PPC's as usual don't update their signage and use this as entrapment.

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.