CPM (UK Carpark Manangement) - Arcade Carpark, Hitchin. - Appeal draft advice...

95Rollers

Good Morning, been a while since I've posted - but I still read this forum most weeks and help out where I can. I'm just after a bit of advice for an appeal I've drafter on her behalf. 

She parked in Arcade Carpark Hitchin, genuinely believing it was Free after 6pm. Apparently that is a common problem from what I've seen on here and Facebook etc.  She parked there for 3 hours - believing it was free due to misleading signs.  There was no signs on the entrance thus causing her to believe she was entering a free council carpark.  On double checking the signs she looked at the Parking Terms which are dotted around walls inside the carpark above car/ head level with small text.  What got her was the Term which says:

“A maximum stay of 6 hours applies from 7am-6pm Monday to Saturday”.  Next to it were signs saying "Pay On Exit" (she thought she didn't need to as she was outside charge hours).  The tariffs are on different signs - one next to the machine and the other is high up above a shed on a wall near the entrance.  There are no actual signs on entrance. When she returned to her car the carpark was near pitch black making the signs unreadable due to the poor visibility, small print and cluttered terms.  I can kind of see how people not in the know fall afoul of traps such as this.

I have added some pics of the carpark: 


Although this picture was taken some time ago, the carpark entrance is still the same. 

The tariff sign is displayed on the buildling on the left to the right above the wooden shed, but cannot be seen on entry.  There is another inside the carpark next to the pay machine - but this inside the carpark itself - which was obscured by a fence, and poorly lit meaning she didn't see the small print saying the Flat Rate of £2.50 for the night.





Here are some recent pics to show how the carpark looks after dusk and night - it is poorly lit, no signs on entry, signs aren't illuminated (nor any street lights). Various aspects of the IPC codes of practise in regards to signage, entrance, lighting and GDPR aren't followed.

Coupon-mad

Genuine question: Why do drivers use car parks after 6pm when the streets (even in major cities including boroughs in London) are mostly unrestricted by then? I would never seek out a car park on any evenings or overnight.

I'm saying this to stop the driver doing that again. There's usually no need for a car park and I don't know why anyone seeks them out. Some of my friends still do...sigh...even when merely dropping off or picking up a passenger - unbelievable! Avoid avoid avoid!

The 'appeal' won't work because there is no appeal with IPC firms. The keeper will have to ignore it and only contact UKCPM if they move house (common sense not parking law) because they must respond to a claim form.

95Rollers

Thanks. I tell everyone I know NOT to use these pits, but sadly they do. I will.send It over anyway and see what happens. As I noticed they have Upheld some of their PCNs. But unfortunately she learnt her lesson now as was naive and wasn't switched on. This carpark (like most) is full of red flags such as lack of entrance signs, poor lighting, ambiguous terms etc. I'm looking at it as a potential court defence should it come to that depending on how litigious this firm is.

95Rollers

Appeal filed. We're in for the long haul (we are near enough court ready with paperwork and pictorial/ video evidence) should it get to that point.  I've won a few PPC appeal processes for people and other locals have had their appeals upheld at this location so you never know - but I'm not banking on anything over than a large dollop of "computer says no" - but we'll see.  I think she has a lead for the property management company so will look into that route too.  Thanks for reply.