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Parking fine advice, Advice
Acetone2000
post Tue, 19 Nov 2019 - 19:05
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Joined: 19 Nov 2019
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Is there anything I can do about this?

Tldr I went to a pub and got a pint and left. Didn't realise I needed to input my reg into an iPad.

DecisionUnsuccessful
Assessor NameAndrew Prescott
Assessor summary of operator case
The operator issued the Parking Charge Notice (PCN) for not gaining the appropriate permit/authorisation.

Assessor summary of your case
The appellant states they were a customer of the pub using the free car park. The appellant has provided evidence of their drinks purchase in support of their grounds.

Assessor supporting rational for decision
The appellant has identified themselves as the driver of the vehicle, as such I am considering their liability for the PCN as the driver. When parking in a car park that is subject to specific terms and conditions, a motorist who uses the site does so under contract with the parking operator. The terms and conditions should be stipulated on the signs displayed within the car park to allow the motorist to decide if they wish to accept or not. In assessing this case I have looked at the signage on site to confirm if the terms and conditions of parking were made clear. The operator has provided photographs of the signs on site showing the advertised terms and conditions. The photographs show signs that state: “Blue Bell patrons must enter their…vehicle registration into the terminal…” and warn “Failure to comply with the terms & conditions will result in a Parking Charge of: £100”. There is also evidence to show that the terms and conditions signs are placed at regular intervals around the site. The car park in question is monitored by Automatic Number Plate Recognition (ANPR) cameras. The operator has provided photographic evidence of the vehicle entering the car park at 15:46 and leaving at 16:45 on the day of the parking event, a total stay of 59 minutes. The operator has also provided a copy of a system generated report showing that the appellant’s vehicle registration was not recorded at the Blue Bell. The PCN was subsequently issued for not gaining the appropriate permit/authorisation. POPLA’s role is to decide if a PCN was issued correctly, as per the advertised terms and conditions of the site in question. I note the appellant’s comments and recognise they have stated the staff at the pub did not warn them of the car park terms. However, in my role I can only assess if the operator has made its terms clear by using signage in the car park itself. I understand the appellant has shown they were a genuine customer of the establishment in question and I do consider there was no intentional breach of contract, but they would have needed to adhere to the terms in the signs to avoid a PCN being issued. Therefore, I can only conclude this PCN was issued correctly as the evidence has shown the appellant did not provide their vehicle registration on this day, despite clear signs. Accordingly, I must refuse this appeal.
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post Tue, 19 Nov 2019 - 19:05
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Jlc
post Tue, 19 Nov 2019 - 20:32
Post #2


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Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



Which parking company first?


--------------------
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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Acetone2000
post Fri, 22 Nov 2019 - 01:27
Post #3


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Joined: 19 Nov 2019
Member No.: 106,699



Parking eye. I have spoken to the pub, they will not revoke.

This post has been edited by Acetone2000: Fri, 22 Nov 2019 - 01:28
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The Rookie
post Fri, 22 Nov 2019 - 06:46
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Posts: 56,197
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



Then leave a suitable review on trip advisor, also see if they have a FaceAche page......

As for PE, well the result of your appeal were inevitable, unfortunately too many people waste the appeal first and then seek advice. 2 choices, pay, or start preparing to defend it in court where it is defensible as there is no commercial justification for the penalty nature of the charge.

Paragraphs make blocks of test more readable, if you want help I suggest you edit that big block of text a bit!


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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