Hello everyone.
First off, my apologies for not getting back to your comments. For some reasons I did not get any notifications on my email after the last one. I just came to post my update and saw them. As for why I rushed my submission to POPLA, I had a surgery being done on my hand and I couldn't type for a while and maybe psychologically as well, I wanted to get it done so went with your original appeal.
I heard from POLPA today saying that Green Parking has added their bit and I have 7 days to reply. I have copied their reply below. They have also attached the PCN that was issued and shows my car + their letter of rejection to my appeal as per my previous post +pages of their terms and conditions and 2 pages list of all the cars that were parked and paid on that day. I put a link at the bottom showing their submitted photos and signage. I can tell that they have cleaned them up nicely for photo shoot!
Other things to mention is how they put a date on their letters and it takes up to 6 days to get to me and they keep clocking their deadline as per date on letter. they even sent another demand over a week after my submission to POPLA. Now they want 100 based on their 28 days rule but I hardly had any days in between the communications, as if I was chilling! This might be normal for you experienced people and they just use this for intimidation. Thought of mentioning it.
So here it goes....
===============================
Case summary and rules/conditions
On 29/09/2024 @ 14:06hrs vehicle ...... was observed entering on Private Land called Clock
Tower Car Park, Maidenhead. Our Car Park offers pay and display accepting both coin and card,
along with an online payment system (RingGo location code 2854). Disabled Parking is available and
normal Tariff applies, as per displayed on our signage.
Signage on entrance clearly shows this is private land and our terms and conditions apply.
Prior to the Parking Charge Notice being issued the vehicle was observed for 2hr 34 minutes.
No payment has been made for this vehicle.
Therefore, as no parking was paid to us for this vehicle it was in breach of the terms and conditions
and we issued a Parking Charge Notice (PCN).
Parking charge notice and any notes
A contravention was logged by Automatic Number Plate Recognition (ANPR) camera on 29/09/2024
@ 16:41 hrs
A PCN was issued on 04/10/24 and sent second class to the vehicle keeper supplied by the DVLA.
Time and Date Stamped Pictures also enclosed; these clearly shows times of vehicle ......
entering and exiting our car park Clock Tower Car Park Maidenhead.
Our terms and conditions state that a vehicle is allowed a grace period of 15 minutes which exceeds
the BPA guidelines for 10 minutes, before a parking charge notice is issued. This provides the
motorist enough time to read the signage and move the vehicle.
Registered keeper details and liability trail
The registered keeper details were requested from the DVLA via KADOE link on 03/10/2024 and the
PCN was issued under POFA on 04/10/2024 to ...... (Registered keeper).
No transfer of liability was received.
Original representations and notice of rejection
An appeal was received on 29/10/2024 from ..... The appeal explained that there wasn’t
sufficient signage on the car park. Letter is attached along with the evidence provided.
We responded back to ....., the Keeper of the vehicle, confirming that the PCN was issued
correctly, for not purchasing the appropriate parking time or by remaining at the car park for longer
than permitted in accordance with terms and conditions set out in the signage.
Our parking facility operates on the basis of clearly outlined terms and conditions, prominently
displayed at various points within the premises, including the requirement for all vehicles to pay the
designated parking fees. It is the responsibility of all individuals, to familiarise themselves with these
regulations before utilising our parking facilities.
The appellant claims that the £85 charge was not adequately brought to the attention of the driver,
citing Schedule 4 of the Protection of Freedoms Act 2012 (PoFA). The signage at the car park
complies with Sections 19.1 to 19.3 of the British Parking Association (BPA) Code of Practice, which
requires that parking terms and charges be clear, legible, and prominently displayed. The £85 charge
is specifically highlighted alongside the terms of parking at both the entrance and within the car
park, ensuring that drivers are sufficiently informed of the potential consequences of non-
compliance.
Regarding the presentation of tariffs, the appellant argues that Sunday and bank holiday charges are
misleading. The signage at Clock Tower Car Park clearly lists all applicable tariffs, including those for
Sundays and bank holidays, in accordance with Section 19.4 of the BPA Code. The layout of the
signage is not misleading, and the responsibility lies with the driver to review and understand the full
terms before parking.
The appellant further claims the Notice to Keeper (NtK) fails to meet the requirements of Schedule
4, Paragraph 9(2)(e)(i) of PoFA. The NtK explicitly informs the registered keeper of their liability if the
driver is not identified, stating: “You are advised that if, after the period of 28 days...we do not know
both the name and current address of the driver, we have the right to recover any unpaid part of the
parking charge from you.” This language satisfies the statutory requirements outlined in PoFA.
The signage fully complies with the BPA Code by presenting terms and charges in a clear and
accessible manner. The £85 parking charge is neither hidden nor buried in small print but is
prominently displayed in a format that ensures visibility and comprehension by all users of the car
park.
Our company has taken considerable measures to ensure that all relevant signage and information
are clearly visible and easily comprehensible for all users of our car park. Our signs explicitly
communicate the necessity of adhering to the payment terms.
We then extended the discounted payment period by 7 days to allow them to pay the discounted
amount of £40, but should no further communication be received the PCN would process at the full
charge of £85.00 and then after 28 days if no payment is made this would increase to £100.00
(£85.00 + £15.00 which is our administration charge). This all falls in line with the BPA guidelines.
A POPLA case has been logged on the 05/11/2024 and therefore the discount rate of £40 would be
removed and the advertised rate as per the signage of £100.00 would apply.
Summary of Evidence
Please see attached as part of our evidence package, signage for the car park which clearly displays
the Terms and Conditions. We also include all records of payment from RingGo and the Pay and
Display Machine showing no payment was allocated to Vehicle registration ‘......’.
Attachments etc.
Signage for the car park
Terms and Conditions on website and displayed at car park
Evidence of Non- Payment from our Parking Records.
https://ibb.co/GP5zNPk