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#Post#: 23787--------------------------------------------------
Carpark charge before 5pm
DIR By: Swahmad
Date: May 24, 2024, 11:41 am
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Follow up from my previous post. Apologies to those who I
accidentally clocked the report button on.
The carpark at work is often full and there is another one right
next to it which clearly states parking charges apply from 5pm
on weekdays.
On a previous occasion I was parked till 530pm and got fine;
fair enough. However on 3 occasions now I've been fined for
parking from 9am till max 2pm. Even at this time if you try to
make a payment it doesn't let you. Parking eye does not have a
contact number which can be used to contact a human being.
Could someone look at the sign and give me their opinion?
One I have appealed and been rejected. One I need to pay/appeal
by tomorrow and 3rd in a few days
The ticket dated 3/5/24 and issued on 7/3/24 has been appealed
and rejected. A new one has been issued for this on 21/5/24.
The other two are currently as they stand but I will be
appealing the one dated 7/5/24 and issued 10/5/24 tonight as
tomorrow will be day 14 and don't want to go over. Or at least
give me more time. I will then appal the third one (3 in total)
closer to the day 14 mark.
There are 3 tickets in total. The first one has been appealed
and has 2 letters - one before the appeal and one after.
The second fine has 2 letters. The initial one and a second one
sent on 19th which I'm assuming is a reminder letter and has the
case law on the back.
The initial letter for the first fine, the initial letter for
the second fine and the letter for the third fine all have
protection of freedom act written on the back.
[attachment deleted by admin]
#Post#: 23788--------------------------------------------------
Re: Carpark charge before 5pm
DIR By: Swahmad
Date: May 24, 2024, 11:43 am
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Previously attached.images
[attachment deleted by admin]
#Post#: 23789--------------------------------------------------
Re: Carpark charge before 5pm
DIR By: Swahmad
Date: May 24, 2024, 11:45 am
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Previous attachments
[attachment deleted by admin]
#Post#: 23790--------------------------------------------------
Re: Carpark charge before 5pm
DIR By: Swahmad
Date: May 24, 2024, 11:47 am
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This was the latest reply I was advised to send as the appeal:
Dear Sirs,
I am appealing this parking charge notice (PCN #: _____) as the
registered keeper of VRM: ____ ___. I am appealing on the
grounds that the driver did not breach any of the terms of
parking as advertised by the signage on the site.
Your parking charge notice alleges that the driver incurred a
charge by "either not purchasing the appropriate parking time or
by remaining at the car park longer than permitted". The signage
at the site (a copy of which is attached) states that tariffs
only apply between 5pm-8am Monday-Friday, and all day Saturday
and Sunday. As the car was not parked during these times, no
tariff was due. Additionally, the signage does not specify a
maximum stay outside of the periods when parking tariffs apply.
Accordingly, the alleged breach did not occur, and the parking
charge is not due. You should therefore cancel this charge, or
issue a POPLA code.
#Post#: 23791--------------------------------------------------
Re: Carpark charge before 5pm
DIR By: slapdash
Date: May 24, 2024, 11:52 am
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They seem to have fouled the signs up. It should probably
include "at other times permit holders only".
I think it would be a harsh judge who assumed you should have
inferred that.
As written it seems to allow a free permit for the various
classes of users mentioned, whilst a little it's not entirely
uncommon.They could be evening businesses wanting to give their
customers free parking.
Contract terms should be interpreted to the favour of the
consumer where unclear, as these are.
#Post#: 23792--------------------------------------------------
Re: Carpark charge before 5pm
DIR By: Swahmad
Date: May 24, 2024, 11:53 am
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I have received another letter reminding me if the 3rd fine ::)
[attachment deleted by admin]
#Post#: 23806--------------------------------------------------
Re: Carpark charge before 5pm
DIR By: DWMB2
Date: May 24, 2024, 1:28 pm
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--- Quote ---
> I think it would be a harsh judge who assumed you should have
inferred that.
--- End Quote ---
Indeed. As you rightly note, the rule of contra proferentem
would seem to apply. As per Section 69 of the Consumer Rights
Act 2015:
[indent]"If a term in a consumer contract, or a consumer notice,
could have different meanings, the meaning that is most
favourable to the consumer is to prevail" [/indent]
#Post#: 23807--------------------------------------------------
Re: Carpark charge before 5pm
DIR By: Swahmad
Date: May 24, 2024, 1:31 pm
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Do you think reply 3 is what I should send as the appeal?
#Post#: 23808--------------------------------------------------
Re: Carpark charge before 5pm
DIR By: DWMB2
Date: May 24, 2024, 1:33 pm
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Personally, yes. Although I would say that, I wrote it ;) see
if others hold contrary views.
I think getting the issue of the signage front and centre in the
first appeal is sensible, attaching a photo of it when sending
if possible. The appeal is done as the keeper, with no
indication of who was driving (as this may be of benefit further
down the line at POPLA).
#Post#: 23811--------------------------------------------------
Re: Carpark charge before 5pm
DIR By: slapdash
Date: May 24, 2024, 2:31 pm
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I think the tone of general bemusement is appropriate.
Other elements can be added later.
Hopefully they will cancel but be prepared to have to go
further.
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