Exeter Road Car Park, Braunton, EX33 2JJ - Parking Charge Notice
I have also been subject to this rather off-putting Parking Charge Notice in the same place;
Following the thread above I have completed the questions from the link below:
1. Date of the infringement: - 05/10/18.
2. Date on the NTK [this must have been received within 14 days from the 'offence' date]: - 11/10/18.
3. Date received: - 12 or 13/10/18.
4. Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?]: - Yes.
5. Is there any photographic evidence of the event?: - Yes. Two photos of car. Two of numberplate [both dark].
6. Have you appealed? [y/n?] post up your appeal]: - Not yet, but I have drafted it and posted below.
Have you had a response? [Y/N?] post it up: - N/A - not yet.
7. Who is the parking company?: - Premier Park Ltd
8. Where exactly [carpark name and town]: - Exeter Road Car Park, Braunton, EX33 2JJ
Draft online Parking Charge Notice Appeal wording:
Please be advised that in normal circumstances I am law and rule abiding, in any case.
At the time in question this was no different, however, after recalling this journey to an area that I am not familiar with and which receives a significant amount of tourism traffic, I would state that the terms and conditions of the car park are not sufficient for the average visitor to use and create a valid contract.
Specifically I am appealing against the availability of, and clearness of, the signage and how well lit the car park is to make this reasonably visible to any user in order to create an acceptable contract.
At the time of the evening stated, and as can be evidenced from your own photographic evidence stated, it was almost pitch black dark if not for the light omitted from a vehicle itself. So much so that the vehicle make, model, colour or driver cannot be determined.
If I recall correctly, at the given time of the evening, a bus also pulled into the bus lane outside the car park on Exeter Road, meaning that anyone would have to tightly pull in front of it to gain access to the car park, missing blocked entry signage and parking terms signage.
The darkness of the evidence provided also does not display and make clear were my car was photographed and if it even entered the car park or remained stationary/unattended there for any period of time at all.
Please can I appeal to good faith that if the displays were clear and visible I would have seen no option but to comply with the terms and conditions, but in this case, for multiple reasons, the terms were not clear enough for me to be made aware to do so at the time.
There is also no evidence provided to the contrary that the car park is clearly displayed, including its terms, or sufficiently lit to substantiate the claim that any contravention was intentionally made at the time.
If you do not agree that this penalty has been unfairly applied and reject my appeal, I will be left with no option but to further this appeal with IAS.
I look forward to hearing from you
Any help you could give here would be greatly appreciated?? and I hope that this helps others