Popla appeal - no signs at entrance

Motoguito

Hi all, 

We entered at car park early in the morning around 6am, the gate was wide open, and there were no signs at the entrance. At the back of the car park we saw a sign saying car park was closed before 8am so we left. 

The car park is at Oxwich Bay (Gower, Swansea)

There was a camera. We got a parking notice. Company is Eternity Fire and Security. I've appealed it, got rejected, and then escalated it to POPLA. EFS's evidence shows no photos of the entrance where the signs are absent.

As the gate was wide open, surely it should have been closed if the car park was closed? 

Any unsuspecting motorist is lured in before seeing the signs.

Do they have a case?

Many thanks. 

Coupon-mad

How many minutes did they get the car there?

Is POPLA even an option? I didn't think Eternity were a BPA AOS member but could be wrong.

You don't pay unfair parking charges. You didn't park. No paying AT ALL AT ANY POINT.

Either appeal further or don't bother (ignore the letters - the £170 threatograms shown in pictures in post 4 of the NEWBIES thread).

Motoguito

Thank you for your reply. 

We were in there 05:47 till 06:04am. So 17 minutes. We originally thought we'd wait till it opens so we could pay for the day, but local came along and said there was a camera in the tree and said we'd be fined, so we left.

I appealed the fine and Eternity refused it, and the next option in their correspondence was to take it to POPLA.

I got an email today saying Eternity had submitted evidence, and I had 7 days to comment on it. POPLA are currently reviewing it.  I commented that the Eternity evidence shows no photos of the entrance, which is my point, there were no signs to alert us we were about to be fined. The signs are at the back of the car park, impossible to see from the entrance. 

So, if POPLA say I have to pay Eternity, I plan to go to citizens advice to ask their view, you think I can just ignore the letters?

Motoguito

No signs at entrance about the parking fine and gate wide open at 5:45am thought car park supposedly closed till 8am. 

Coupon-mad

Please get a pic of the signs and the camera hidden in a tree and foliage.

You may or may not win at POPLA but you don't pay anyway. You should gather evidence photos now. Show us too.

Coupon-mad

Motoguito said:

Thank you for your reply. 

We were in there 05:47 till 06:04am. So 17 minutes. We originally thought we'd wait till it opens so we could pay for the day, but local came along and said there was a camera in the tree and said we'd be fined, so we left.

I appealed the fine and Eternity refused it, and the next option in their correspondence was to take it to POPLA.

I got an email today saying Eternity had submitted evidence, and I had 7 days to comment on it. POPLA are currently reviewing it.  I commented that the Eternity evidence shows no photos of the entrance, which is my point, there were no signs to alert us we were about to be fined. The signs are at the back of the car park, impossible to see from the entrance. 

So, if POPLA say I have to pay Eternity, you think I can just ignore the letters?

What happened? Ignoring them now?

James_Poisson

@Motoguito Hopefully you never fell for this there was no "fine" it's a scam.

Looks like there was no way of paying prior to the opening times as there is an old fashioned man on the gate system in operation.

If a car park gate is open that is an invitation to park, and if there are no signs or machines inviting payment what are you meant to think!