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rich2568
The driver received a Parking Eye PCN for an overstay-- was 90 mins- stayed beyond 120.....(Mother In Law became ill..delayed the return back to the car).

The driver stated that no signage was visible from where the driver parked at all--& looking in the car park since the event, I can see just why--we have 1 sign at entry on just one side of the entrance, not both sides! Plus I would say extremely small signs which I could not read from a distance of just 10M! Plus not displayed so they are visible from every angle- just at random places and at different heights around the car park. Also they are definitely not lit so there was an extremely very small chance they would have been visible on the evening in question. It almost makes me feel like they are clever in the ways the signage is displayed......

Looking at the PCN (attached)- Im amazed the ANPR picked up the image of the car at all as you can just see how dark it is.....

Any chance that an appeal would have grounds on the basis of my points above?
Jlc
QUOTE (rich2568 @ Mon, 24 Sep 2018 - 20:57) *
Any chance that an appeal would have grounds on the basis of my points above?

Well they will disagree with you and give you a POPLA code.

I would mention frustration of contract - but the key defence is that a contract wasn't formed in the first place, let alone being unable to comply due to unforeseen circumstances.

Does the reverse of the PCN mention the Protection of Freedoms Act?

What sort of car park was it? Can the retailer/landholder help?

Ultimately, this is quite winnable at court but you will have to be prepared to go as far as a hearing. POPLA may only concern themselves that the PCN was 'issued correctly' - although, stranger things have happened.
rich2568
QUOTE (Jlc @ Mon, 24 Sep 2018 - 21:00) *
QUOTE (rich2568 @ Mon, 24 Sep 2018 - 20:57) *
Any chance that an appeal would have grounds on the basis of my points above?

Well they will disagree with you and give you a POPLA code.

I would mention frustration of contract - but the key defence is that a contract wasn't formed in the first place, let alone being unable to comply due to unforeseen circumstances.

Does the reverse of the PCN mention the Protection of Freedoms Act?

What sort of car park was it? Can the retailer/landholder help?

Ultimately, this is quite winnable at court but you will have to be prepared to go as far as a hearing. POPLA may only concern themselves that the PCN was 'issued correctly' - although, stranger things have happened.

The reverse has the same as my previous NPS PCN (diff topic i started)--yes it mentions Para 9 (2) (f)
It was a retail store- I have emailed them asking to cancel...
rich2568

rich2568
***UPDATE***

PCN cancelled by contacting retail store ALDI :-)
cabbyman
Did you get it in writing?

Well done!
rich2568
QUOTE (cabbyman @ Mon, 1 Oct 2018 - 20:56) *
Did you get it in writing?

Well done!


Yes- PE wrote me a letter confirming ;-)
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