DCB LEGAL, PARKING GROUP UK court claim

Stuggs

Hi folks I parked at what I thought was Blandford Square Car Park in Newcastle last month, after 7pm, so supposedly free according to Newcastle Council, who own the car park. But, according to the PCN I received in the post a few days later, I was actually on "Blandford Square Park & Pay", a private bit of the car park managed by Parking Group, and therefore liable to pay a penalty. I appealed to them, saying there was no clear signage to delineate the difference between the two car parks, and that they appeared to be deliberately bamboozling people with the similar car park name and identical postcode. To my mind, if you have such a situation, the only fair way would be to make it explicitly clear with signage that this is NOT Blandford Square Car Park (and ideally to change the name). Any thoughts on wording the POPLA appeal? I won't easily be able to get photos, though certainly when I arrived in the dark it was very unclear that I wasn't in the right car park. The operator does have photos of signage, but not in the dark, and not in the level of detail I would like to see. Ian

Gr1pr

Parking Charge Notice,  not Penalty,   ( read it again. )

Was the drivers identity revealed in the appeal  ?

ChirpyChicken

await a court claim from DCB Legal

Stuggs

I've not revealed the driver's identity, no. 

So the recommendation is to argue it in court rather than via POPLA? 

Coupon-mad

Yes, usually the chances are 99% win by awaiting a claim whereas POPLA is less than 40%. However, can you get photo evidence on site to prove a lack of clear physical delineation between the two car parks?

That can be worth a punt at POPLA but ONLY with lots of site photos. Not just by saying "the app has two similar choices" which POPLA won't consider.

Stuggs

I can't easily get photo evidence on site (it's about an hour's drive away) but will try next time I'm in Newcastle -- thank you! 

Coupon-mad

Stuggs said:

I can't easily get photo evidence on site (it's about an hour's drive away) but will try next time I'm in Newcastle -- thank you! 

A POPLA Code lasts a month.

Stuggs

This is now at the MCOL stage. I am using the template defence as is, except, here is my para 3 for feedback:

3.  As I stated in my appeal to Parking Group UK, there were several issues that prevented me from being able to enter a contract with Parking Group UK on that evening:

a) The name of the car park is almost identical to that of another car park, at the same postcode, which is free to park in at that time. With similar car parks that essentially have different rules/owners for different parts of the car park, signage is expected to be very clear, which here, it is not – see below. Clear signage in this context would need to be so clear as to avoid any doubt in the minds of customers, e.g. something saying, “This is NOT Blandford Square Car Park, it is Blandford Square Park and Pay, and is NOT free at any time of the day or night.”

b) Signage entering the “Blandford Square Park and Pay” area of the car park is NOT clear, especially at night and in a car. There are signs on the side of a building that a car will drive past prior to entering the car park, but they are on the left of the car and so are not visible to a driver seated in the usual British driving position on the right.

c) Signage in the car park area is sparse and not easily visible at night, especially parking on the end furthest from the entrance and leaving the car par on foot away from the entrance.

d) As is obvious from multiple 1-star review on Google and other websites, the signage is highly unclear to a large number of customers, many of whom have complained about getting a charge notice despite having parked, as far as they knew, legally and with fees paid on arrival, if any.

I do have photographic evidence and screenshot evidence to back up the above.

Gr1pr

A defence is written in the 3rd person, no I or Me etc

No exhibits or images are submitted with any defence, only with your future WS

The double air quotes " are not allowed on MCOL

Post the Issue date from the top right of the claim form below

Edit the thread title to something more suitable like

DCB LEGAL, PARKING GROUP UK court claim

Stuggs

Thank you! How about this:

3.  As stated in the appeal to Parking Group UK, there were several issues that prevented a contract with Parking Group UK being formed on that evening:

a) The name of the car park is almost identical to that of another car park, at the same postcode, which is free to park in at that time. With similar car parks that essentially have different rules/owners for different parts of the car park, signage is expected to be very clear, which here, it is not – see below. Clear signage in this context would need to be so clear as to avoid any doubt in the minds of customers, e.g. something saying, ‘This is NOT Blandford Square Car Park, it is Blandford Square Park and Pay, and is NOT free at any time of the day or night.’

b) Signage entering the ‘Blandford Square Park and Pay’ area of the car park is NOT clear, especially at night and in a car. There are signs on the side of a building that a car will drive past prior to entering the car park, but they are on the left of the car and so are not visible to a driver seated in the usual British driving position on the right.

c) Signage in the car park area is sparse and not easily visible at night, especially parking on the end furthest from the entrance and leaving the car par on foot away from the entrance.

d) As is obvious from multiple 1-star review on Google and other websites, the signage is highly unclear to a large number of customers, many of whom have complained about getting a charge notice despite having parked, as far as they knew, legally and with fees paid on arrival, if any.

Photographic evidence and screenshot evidence is available to back up the above.

Stuggs

I do get that I won't be submitting visual evidence at this stage, but thought it worth mentioning that I have it, in hopes of persuading the DCB Legal to drop the case at this stage.

Issue Date is 18 May. I sent an Acknowledgement of Service already so have till this Saturday to submit this.