Coventry Central Six Retail Park Overstay Charge |
Coventry Central Six Retail Park Overstay Charge |
Sat, 4 Dec 2021 - 18:48
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#1
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Member Group: Members Posts: 420 Joined: 21 Mar 2014 Member No.: 69,597 |
Hi all,
The RK has received a PCN for overstaying at Central Six Retail Park in Coventry. One of the vehicle occupants is a Blue Badge holder and I am told as a result of this there was a wait for a blue badge bay to become available, on top of this, the mobility of the occupant is such that it takes them a long time to get around - this is now the second time they've been issued a PCN under these circumstances (but not at the same site). The vehicle occupants also asked a retailer staff member about the parking restrictions and was told that due to roadworks, they're not being applied. The PCN has an issue date of 18th Nov but was only received by post by the RK on 2nd December which meant the 14 day discount period was already expired. Are there any grounds for appeal aside from the Equalities Act which, from the RK's previous experience blue badge holders and Equalities Act just gets ignored? The PCN is below: This post has been edited by rsg444: Sat, 4 Dec 2021 - 18:54 |
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Sat, 4 Dec 2021 - 18:48
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Fri, 17 Dec 2021 - 15:12
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#21
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Member Group: Members Posts: 420 Joined: 21 Mar 2014 Member No.: 69,597 |
I'm getting subtle hints that I might lose if I appeal.
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Fri, 17 Dec 2021 - 15:13
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#22
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Member Group: Members Posts: 4,363 Joined: 9 Apr 2021 Member No.: 112,205 |
I'm getting subtle hints that I might lose if I appeal. A wise observation. We generally don't advise appealing to the IAS - not because your appeal is without merit but because, unlike POPLA, the IAS is pretty much a kangaroo court where you have little chance of success. -------------------- Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | British Parking Association (BPA) Code of Practice | International Parking Community (IPC) Code of Practice |
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Fri, 17 Dec 2021 - 15:39
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#23
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Member Group: Members Posts: 41,503 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
From latest reports:
In favour of motorists - POPLA 41%, IAS 25% -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Thu, 20 Jan 2022 - 11:13
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#24
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Member Group: Members Posts: 420 Joined: 21 Mar 2014 Member No.: 69,597 |
Hi all, I wanted to give you an update.
To summarise: Vehicle was in the car park for just over 3 hours. However the parking signs had the time limit and charge amount covered with masking tape - the two signs that were checked were like this. An enquiry was made with staff who work at the retail park who said parking was not currently being enforced. Nonetheless, a parking charge was sent to the RK stating max stay of a 180 mins according to them had been breached and £100 was due. When the RK appealed and sent pictures of the signs, the appeal was rejected as the evidence was apparently "irrelevant". RK did not follow advice on here and so appealed with IAS. IAS guidelines state that parking operator has 5 working days to submit their case in answer to RK's appeal else the appeal is auto granted. Despite this, IAS had a 2 week timer. About 5 mins before the timer reached 0, G24 responded claiming contract had been formed and that appellant's points were "irrelevant". Anyway, today IAS have allowed the RK's appeal and so PCN has been cancelled. Thanks all for your help. Enquiries have been made with ICO as to whether G24 have unlawfully processed RK's personal data. My personal view is that parking was not being enforced, cameras and automated systems had probably been left on and G24 might have been trying their luck to get some money out of unsuspecting RK's/Drivers. But if they have covered up their signs, what legal basis to they have to request data from DVLA? |
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Thu, 20 Jan 2022 - 11:35
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#25
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Member Group: Members Posts: 4,363 Joined: 9 Apr 2021 Member No.: 112,205 |
Good result, the IAS do have their uses every so often can you show us G24's IAS response, and the assessor's decision? Could help us advise others in future.
-------------------- Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | British Parking Association (BPA) Code of Practice | International Parking Community (IPC) Code of Practice |
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Thu, 20 Jan 2022 - 11:39
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#26
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Member Group: Members Posts: 420 Joined: 21 Mar 2014 Member No.: 69,597 |
From G24:
"This is not a relevant consideration as the motorist entered into a contract with G24 Ltd, so have agreed to pay. The signs advertising the terms and conditions of the car park are compliant with our Approved Operator Scheme and displayed in prominent locations throughout the car park. The motorist entered into a contract with G24 Ltd to park within the permitted free parking of 180 minutes and the motorist parking period was for 196 minutes therefore the CPCN still applies. It is for the above reasons that the appeal was rejected." From IAS: "While noting the Operator's prima facie case, they fail to deal with the issues raised by the Appellant in relation to the signage on site. On the evidence presented to this appeal I cannot be satisfied that the Operator has been able to show that the charge was properly issued in all the circumstances and accordingly I must allow this appeal." |
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Thu, 20 Jan 2022 - 11:46
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#27
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Member Group: Members Posts: 41,503 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Golden rule number 1 - if you don't challenge something then it's regarded as 'accepted'.
-------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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