Author Topic: NSGL Parking Private Parking Charge - Not Parked Within A Marked Bay - St Oswalds Retail Park, Gloucester  (Read 572 times)

0 Members and 82 Guests are viewing this topic.

Hi all,

A parking charge received through post today from NSGL Parking to myself as registered keeper of a vehicle that was parked slightly out of alignment in a parking bay at St Oswalds Retail park.
One tyre was on the white parking bay line.

The car park was fairly empty with several hundred other empty spaces available to park in and in practical terms would not have caused an issue to anybody.

many thanks in advance.

I have a copy of the notice and photos to upload but getting an error message (upload folder is full) when trying to attach.
« Last Edit: September 06, 2024, 02:59:30 pm by pjb012 »

Share on Bluesky Share on Facebook


I have a copy of the notice and photos to upload but getting an error message (upload folder is full) when trying to attach.
The following thread found at the top of the Private Parking Forum advises on uploading photos: READ THIS FIRST - Private Parking Charges Forum guide


Hmm, they got you on that one, didn't they. The notice is basically PoFA compliant so no 'golden ticket' get out of jail free card either.

The sign completely fails the BPA CoP guidelines and you may possibly be able to persuade a POPLA assessor that the PCN, therefore, has been issued incorrectly, but not a very strong point.

The sign fails PoFA requirements in that the charge is not "adequately" notified to the driver. You can use a comparison of the sign in the Beavis case to make this point.


 
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Like Like x 1 View List

Thanks for the reply b789.

Quick update - I sent a complaint to the landowner asking them to contact NSGL to cancel the charge, but they have replied back to say that I need to follow the appears process on the letter to 'ensure that the appeals process can be correctly administered and governed'.

So it looks like I am going to have to appeal to NSGL instead.

Do I raise the point about the unclear signage at this stage or wait until I have a POPLA code?

Also, is there any mileage in me challenging back that I was parked in a marked bay, although one tyre was on the line?

Anything else I should consider in the appeal?

cheers


Do I raise the point about the unclear signage at this stage or wait until I have a POPLA code?
If their appeals system allows attachments then you can do. They'll likely reject whatever you submit so no big deal if not.

Also, is there any mileage in me challenging back that I was parked in a marked bay, although one tyre was on the line?
You can try, but in my honest view it's not a strong argument. The way the vehicle is parked essentially blocks the next bay from being used - issuing parking charges for this as a deterrent is therefore arguably commercially justifiable, as the landholders have a legitimate interest in ensuring people don't obstruct bays that other customers could use.

I am happy to update that NSGL has cancelled this parking charge.

I challenged the charge on the signage and also pointed out that the vehicle was parked in a painted bay - although with one tyre on the bay markings, and that the adjacent bay had yellow diagonal lines painted within it indicating it was not in use.

I also followed up with my complaint to the landowner advising that I would be prepared to challenge the parking charge with POPLA and Court and if the parking charge was not dropped, I would also be prepared to publicise the matter to warn other vehicle owners of how they are likely to be treated if using this retail park.

Hopefully this update will help inform others in similar situations.

many thanks to all those who replied to my earlier posts


Well that's a good (and very unexpected!) result - well done. If I were a betting man, I'd guess the landowner may have told them to cancel. Get yourself a lottery ticket in case your luck's still in  ;)