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Initial Parking Lowther Street Carlisle ***Won at POPLA***


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Posted (edited)

Here's a photo of their T&C's.

 

The carp signage is what I will add in my appeal to POPLA, along with their failure to clearly state which Lowther street car park in the UK they're referring too.

 

T&Cs Lowther Street CP.compressed.pdf

Edited by Bazooka Boo

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Posted (edited)

And here is the WIN.

 

 

POPLA appeal.docx

Edited by Bazooka Boo
Persec.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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This was easier than I thought!

 

P.S. Is it just me or is the facility to edit your posts and add extra docs etc, not working?

Initial Parking withdrawal .docx

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Must be something they didn't want to be seen, like pants signage

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Posted (edited)

Yep, not so smug now, threw the towel in before it even began.....

 

Quote

Parking charge notice does not state which Lowther street car park in the UK it is referring to. There is no signage at the entrance to the car park to state that it is private property.

There are no terms and conditions (T&C's) at either of the pay points.

Terms and conditions signage is positioned out of sight at the rear of the car park positioned too high for customers to read.

The second T&C's is positioned at the exit.

The driver did not accept the offer of the contract as they failed to pay and were therefore trespassing.

 

Edited by Bazooka Boo

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks for all the reporting back. 

 

Very interesting, as we would normally have said not to appeal.  All this info. will be very useful for anyone else who comes up against this company. 

We could do with some help from you.

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  • FTMDave changed the title to Initial Parking Lowther Street Carlisle ***Won at POPLA***
Posted (edited)

No worries at all.

 

For the record and others, I appealed as Mr Registered Keeper, firstly to the cowboy parking company, and then to POPLA once the PPC had conducted their ''extensive'' investigation to my appeal, which took them three & a half minutes from appeal to their decision.

 

It stands to reason that this PPC in particular instance, DOES NOT investigate your appeal, their system is set up to respond to all appeals with a refusal and POPLA code, which when you appeal to POPLA costs the PPC money.

 

 

Edited by Bazooka Boo

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 months later...

If anyone wants a good laugh at this ''independant appeals service'' read right on, they also requested some customer feedback, they got that in bucketloads, what a corrupt industry it still is.

 

Decision
Unsuccessful
Assessor Name
Alexandra Roby
Assessor summary of operator case

The operator’s case is that the motorist did not pay for their parking.

Assessor summary of your case

The appellant’s case is that the Parking Charge Notice (PCN) does not state which Lowther Street Car Park in the UK it is referring to.

The appellant states there is no signage at the entrance to the car park to advise that it is private property. They advise there are no signs at either of the payment machines.

 

They state that the signs are positioned out of sight at the rear of the car park and are too high up to read.

They advise there is another sign positioned at the exit to the car park.

The appellant states that the driver did not accept the offer of the parking contract as they failed to pay and were therefore trespassing.

The appellant has provided two images of the site to support their appeal.

 

Assessor supporting rational for decision

In this case, the driver of the vehicle on the day in question is unknown. As such, the operator has successfully transferred liability from the driver to the keeper of the vehicle, in accordance with the Protection of Freedoms Act 2012. For the avoidance of doubt, I am assessing XXXXXXXXX liability for the PCN.

When parking in a private car park, the motorist forms a contract with the operator by remaining on the land for a reasonable period.

The signage at the site sets out the terms and conditions of this contract. In this specific car park, the terms and conditions state: “Parking tariffs apply. Up to 2 hours…£2.00. These tariffs do apply to Blue Badge Holders Failure to comply with the terms & conditions will result in a Parking Charge of: £100”.

 

The operator has issued the PCN as the motorist did not pay for their parking. Images from the operator’s Automatic Number Plate Recognition system have been provided, which show that the vehicle entered the car park at 11:59 and exited at 13:24 on the day in question, staying for a total of one hour and 24 minutes. A copy of its payment report has also been provided, showing that the motorist did not pay to park. In response, the appellant has disputed the adequacy of the signage.

 

The appellant has provided photographs to support this. Section 19.3 of the British Parking Association Code of Practice advises to private parking operators: “Specific parking-terms signage tells drivers what your terms and conditions are, including your parking charges. You must place signs throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle… signs must be conspicuous, and legible, and written in intelligible language, so that they are easy to see, read and understand”.

 

In response to this ground of appeal, the operator has provided photographic evidence of the signage at the site, along with a site map demonstrating the distribution of the signs throughout the site. Having reviewed this, I am satisfied that the signage is sufficient to bring the site’s terms and conditions to the attention of motorists and consider that the motorist was presented with a reasonable opportunity to review them before deciding whether to park.

 

I can see that there is indeed an entrance sign advising that the car park is private land, and I consider that the signs are located higher up so they can be seen over parked cars. While I acknowledge the appellant’s images of the site, I do not consider them to be an accurate representation of the signage displayed throughout as they appear to have been taken from online mapping tools. I further note that the appellant has advised the motorist did not accept the parking contract, however by choosing to park, I am satisfied they did.

 

Furthermore, I acknowledge that the appellant has stated that the PCN does not state which specific street in the UK it was issued in, however this does not affect its validity. The motorist will be aware of which car park they parked in. By parking at the site without having paid, the motorist has failed to comply with its terms and conditions. For the reasons outlined above, the appeal is refused.

 

P.S. For all of the reasons outlined by Alexandra Roby, their opinion is ignored.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I'm a bit confused BB.

 

You won at POPLA, yet what you've posted seems to be all biased and against you.  Who does this Alexandra Roby work for?

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Yes I'm a bit miffed too??

 

When I appealed to POPLA, Initial Parking where very quick to pull the plug and withdraw their invoice, and the email I had from POPLA stated as much.

 

SO I'm not at all certain why they have continued to ''investigate'' something which doesn't need investigating?

 

Now, I've changed address, are PPC's like DCA's and issue claims via the back coor? Do I need to let this husband and wife team know my new address?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Well, you should let anyone that you're in legal dispute with know your change of address.

 

As for this lot - not sure.  On the one hand POPLA say your appeal is uncontested, on the other they find against you!  Maybe it's worth contacting them and asking what the situation is with your appeal because all they've done so far is confused you?  Just to be sure.

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We could do with some help from you.

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