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Care Parking overstay **Cancelled**


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My partner received a letter from Care Parking saying that her car had been parked at Parliament retail park, Lancaster,

and that it had overstayed the permitted 2 hours.

 

She sent the requisite response, acknowledging being the keeper etc,

 

She has received their rejection with a POPLA code.

 

Can you please give us the advice as to what to do next?

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Hi

Can you convert the images to pdfs please so that I don't have to break my nek to read them sideways and to help my ageing eyes read them.

 

You should have been given a POPLA code so that you can take it to the appeals service. Did they?

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Much better. thank you.

 

As far as I can find, Anchor Security Services Ltd trading as Care parking have not taken anyone to court therefore by appealing to POPLA should be done if only to cost them money.

 

I'm sure others will be along later to flesh out the details but Care Parking stating that the contract is confidential may show some discrepancy so part of the appeal would be no legal standing as they haven't produced any contract to act for the landowner.

 

Signage may be an issue so if you can get pictures of the site and count the number of signs as they say approximately 20 signs.

 

Obviously GPEoL is another angle.

 

Even if POPLA reject your appeal Care Parking would have to take court action and by no means are they guaranteed a win and as I said, I can't find any cases where they have taken court action.

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Thanks for the responses and info. I don't have the NTK at present as my partner has it and she wont be here until next weekend so I will post it up then. the incident took place in her home town in Lancaster, so she is going to get photo's of the signage.

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  • 2 weeks later...

Sorry about the delay posting these but I had to wait for my partner to get back to me.

I am attaching the NTK and the one of the signs that were in place.

 

My partner counted approx. 11 signs around the car park but none at the entrance.

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Good job those signs are not compliant :) They also must give you time to get in to the car park, read the signs, decide if you want to park, then either park or leave. They cant say the timer starts as soon as you enter.

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i cant read the par park sign as the resolution of the image is too low, can you repost? One could argue that the sign isnt up to scratch if you cannot photograph it without losing all of the information. However, from what I can make out there is no breach of the contractual terms as they dont actually list any, just some pictures with tiny writing under them. Is that supposed to show the core conditions of the contract?

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I asked a relative to take the photo of the sign and send it to me, he did but with his phone so apologies for the quality.

I have just driven up to Lancaster so I will take another photo tomorrow and post it up.

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I have visited the site and can now correct a few things. Firstly there is a sign on the entrance to the site, approx. 6 ft above ground level. I have posted this.

 

The entrance to the site is directly after a sharp right turn on a busy junction so you could be forgiven for not seeing it.

 

I counted 18 signs around the site situated approx. 9 ft above ground.

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The sign at the entrance is not a contract as it contains no core conditions so it is an "invitation to treat" at best. This means that you can read that and then do whatever you need to do and if you happen to read one of the other signs you can then decide if you want to be bound by their terms. You dont have to though, bit like going into a shop and trying on some clothes and then deciding not to buy. the shop cant sue you for wasting their time as you havent agreed to the terms of the sale at that point. The number and content of the other signs is really irrelevant but they dont say WHY a £100 parking charge becomes payable- is it for a breach of contract or as a result of accepting the contractual terms on their poorly worded sign. This is enough to cause confusion as to what is being offered (well, the parking co is confused so what chance the shopper can make a legally binding decision based on that?) so no "offer and acceptance" due to the garbled wording. The end result is no breach of contract or no contract entered, either way no money due - simples.

This should be the main thrust of your POPLA appeal but before that you should always make the following point:-

The appeallant does not believe the parking company has a contract with the landowner that assigns the rights to make claims for losses or to take civil action for tort in their own name so demands sight of said contract.

then add your invitation to treat argument and include a copy of the sign on the entrance followed by the point about the other confusing signage. This will force them to provide any other signage they want to claim IS contractual and POPLA will then have to consider that sign after considering your point.

We havent seen any appeals come out of Ombudsman services Ltd yet so dont know if they acually take notice of the law or just deliberate on the points that the parking co's wish to be the only matters for appeal. If the latter your paper trail will make them stop and think about further action even if they win the appeal.

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Thanks ericsbrother and others for their input. Just to be clear, do I need to point out which part of the signage is confusing or just that it is? if the former, which part should I point to.

Sorry if I am not clear on this but which areas of the signs are not compliant?

 

Also is there a part on the online form where I can make the point first about "the appellant does not believe etc;

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No, you dont tell them which parts, if they arent bright enough to do their jobs properly why should they profit from someone else's input. let them think about it and suffer later as the case requires. You can tell they arent bright by the fact they cant tell the difference between the the invitation to treat and a unilateral contract. O level law syllabus back in the 1970's

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  • 3 months later...

That's what we like to see. Well done for sticking it to them.

 

Can you lay out what grounds you used for your appeal as that may help others in a similar situation.

 

Thread title amended.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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