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#Post#: 27056--------------------------------------------------
Re: Carpark charge before 5pm
DIR By: Swahmad
Date: June 21, 2024, 5:43 pm
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--- Quote from: DWMB2 link ---
>
> Some suggestions. First, instead of 'Dear sirs', start with
the POPLA verification code and vehicle registration mark, like
in the example I shared.
>
> Also, as I noted in an early reply, I'm on the fence about
whether to include point #3 (about the ambiguous signage) at
this stage. Part of me thinks it would be better to leave this
out - once you've submitted your appeal, ParkingEye have an
opportunity to respond with an 'evidence pack', and you in turn
have an opportunity to respond to their evidence pack. you could
see if they try to argue that parking is not permitted outside
the tariff times, then, if they do, you respond with point #3.
The other part of me thinks get it on the table now, and head
them off before they even try it. See if others take a view,
although the more I think about it the more I'm leaning towards
including it.
>
> When submitting, as in the example I shared, don't write your
appeal in the online POPLA form, attach it as a PDF document so
you can keep the formatting and the image of the sign.
>
> I've tried to make it flow slightly better, but this might
just be a personal style thing so it's up to you:
>
> [indent]POPLA Verification Code: ________
> VRM: ________
>
> I am appealing this parking charge notice in my capacity as
the registered keeper. 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.
>
> The signage at the site (a copy of which is included below)
states that tariffs apply between 5pm-8am Monday-Friday, & all
day Saturday and Sunday.
>
> [INCLUDE PHOTO OF SIGNAGE HERE INLINE]
>
> ParkingEye issued a parking charge for "either not purchasing
the appropriate parking time or remaining at the car park for
longer than permitted, in accordance with the terms and
conditions set out in the signage".
>
> I contend that the driver did not do either of these things,
and that as such, the terms and conditions were not breached,
meaning this appeal should be upheld. My appeal is based on the
following 3 grounds
>
> 1. The driver did not park during the times when tariffs
apply, thus no payment was required - The signage at the site
states that tariffs apply between 5pm-8am Monday-Friday, & all
day Saturday and Sunday. If parking is offered to the general
public at all hours and on all days, then there is no ambiguity
about these terms which can only be interpreted as meaning that,
as regards whether parking is subject to payment of a tariff,
parking is chargeable between 5pm and 8am Monday to Friday; from
5pm to midnight on Fridays; and all hours Saturday and Sunday.
It therefore follows that parking is not subject to the payment
of a tariff outside of these times. As the vehicle was parked
on a Friday at 9.05am and left at 1.27pm the same day, no tariff
was due, so the first limb of ParkingEye's allegation, that the
driver did not purchase the appropriate parking time, is without
merit.
>
> 2.The car park is not subject to a maximum stay period, thus
the driver did not remain for longer than permitted - The second
limb of the creditor's allegation is that the vehicle 'remained
at the car park for longer than permitted'. However, the full
terms have been reproduced above (and can be seen in the
attached photo) and the assessor will notice that the landowner
has not applied any maximum parking period on motorists. It
therefore follows that this limb of the creditor's allegation,
that the vehicle remained at the car park for longer than
permitted, is also without merit.
>
> 3. If ParkingEye contend that parking is not permitted outside
of the times when tariffs apply, this term is not adequately
communicated - It is not implied by the signage that parking
outside the hours of 5pm-8am for the general public is not
permitted. If ParkingEye had meant for this, then it should be
clearly stated. If ParkingEye wish to argue that this is the
intended interpretation of the signage, then that term is at
best ambiguous, and as such, Section 69 of the Consumer Rights
Act (2015) should apply:
>
> [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]
>
> [i]In this case, the meaning that is most favourable to the
consumer is the one that means parking outside of the times
stated is allowed without the payment of a tariff, and thus no
breach has occurred.
>
> In addition, if the intended meaning is that parking is not
permitted outside of the times when tariffs apply, the signage
is not compliant with section 19.3 of the BPA's Code of
Practice, which states that "Signs must be conspicuous and
legible, and written in intelligible language, so that they are
easy to see, read and understand". A sign containing such
ambiguous terms would clearly fail to meet this requirement.
>
> As the driver did not fail to purchase the appropriate parking
time (as no tariff was due), nor did they remain at the car park
for longer than permitted, I contend that the charge is not owed
and the appeal should be upheld.[/indent]
> [/i]
--- End Quote ---
Thank you. I have submitted this as the appeal.
#Post#: 27384--------------------------------------------------
Re: Carpark charge before 5pm
DIR By: Swahmad
Date: June 24, 2024, 11:56 am
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Thank you everyone. Notice number 3 has been cancelled and the
notice number which I had submitted a popla appeal for been
withdrawn so I didn't even have to wait for a popla decision.
Whilst I'm really happy, the sign hasn't changed and so I can
see others making the same mistake and ending up paying. Who can
I write to for them to change the sign? My MP?
#Post#: 27386--------------------------------------------------
Re: Carpark charge before 5pm
DIR By: slapdash
Date: June 24, 2024, 12:25 pm
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It's such a poorly regulated industry.
Local news, facebook groups, local WhatsApp groups and so on.
They have no incentive to change until people start challenging
all the erroneous tickets and it costs them in time and popla
fees.
#Post#: 27397--------------------------------------------------
Re: Carpark charge before 5pm
DIR By: DWMB2
Date: June 24, 2024, 1:59 pm
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You might not have much luck with your MP at the moment given
the pending election!
If you want to make a fuss, local news can often be a good place
to start, they're sometimes fairly desperate for local stories.
St Helens Star would be the first that comes to my mind, as they
also have a free print edition delivered locally.
Either way, a good result, well done for your determination.
#Post#: 27398--------------------------------------------------
Re: Carpark charge before 5pm
DIR By: Swahmad
Date: June 24, 2024, 2:27 pm
---------------------------------------------------------
--- Quote from: DWMB2 link ---
>
> You might not have much luck with your MP at the moment given
the pending election!
>
> If you want to make a fuss, local news can often be a good
place to start, they're sometimes fairly desperate for local
stories. St Helens Star would be the first that comes to my
mind, as they also have a free print edition delivered locally.
>
> Either way, a good result, well done for your determination.
>
--- End Quote ---
Thank you! Feel quite chuffed but definitely want to get.the
sign changed. Alternatively I could keep parking there and keep
appealing ;D
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