3. York Milner Hotel car park - TPS - inadequate entrance signage?
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York Milner Hotel car park - TPS - inadequate entrance signage?
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Driver hadn't parked in the car park, was just waiting to pick up friend, so wasn't parked in a spot where there was a sign. Mrs Driver has already said they'll cough up but I wondered if there was anything I could appeal over? I've won a POPLA appeal before over inadequate signage at the entrance to a car park. You can see there's a sign there at the side of this one but maybe could I argue it's not very big and could be missed? Probably a lost cause but thought it might be worth a shot. Cheers for any advice


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Re: York Milner Hotel car park - TPS - inadequate entrance signage?
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That entrance signage is a bit rubbish. POPLA sometimes take some convincing on signage points - when I've won signage cases I've really walked the assessor through the set up, including maps/diagrams, showing the route the driver took, where they parked/stopped, and showing how the signage would not have been prominently displayed.

Are you local enough to get your own photos easily? I note that the Google Street View images are around a year old. Whilst the signage may not have changed, it would be wise to get more recent photos to show this.
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Re: York Milner Hotel car park - TPS - inadequate entrance signage?
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Thanks, yea I'll head over there and get some photos. There's very prominent signage on the way out (see attached, from street view but it's not changed from what I can remember) but I guess the argument with that would be that you wouldn't know about it until leaving, by which time it'd be too late to reject the parking terms.

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Re: York Milner Hotel car park - TPS - inadequate entrance signage?
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"Prominent signage" whether only visible on the way out or on the way in, if it contains the terms and conditions and the charge for breaching any of those terms, they must comply with PoFA paragraphs 2(2) and 2(3).

Quote
(2) The reference in the definition of “parking charge” to a sum in the nature of damages is to a sum of which adequate notice was given to drivers of vehicles (when the vehicle was parked on the relevant land).

(3)For the purposes of sub-paragraph (2) “adequate notice” means notice given by—

(a)the display of one or more notices in accordance with any applicable requirements prescribed in regulations under paragraph 12 for, or for purposes including, the purposes of sub-paragraph (2); or

(b)where no such requirements apply, the display of one or more notices which—

(i)specify the sum as the charge for unauthorised parking; and

(ii)are adequate to bring the charge to the notice of drivers who park vehicles on the relevant land.

It appears that none of the signs we can see "adequately" bring the charge for breach of the terms to the notice of anyone. As such, whilst their Notice to Keeper (NtK) may be PoFA compliant, if the signs fail the PoFA test, then there can be no Keeper liability.
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Re: York Milner Hotel car park - TPS - inadequate entrance signage?
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I'll double check when I go take some extra photos but looks pretty cut and dry! Looking forward to wasting their money on a POPLA appeal :)
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Re: York Milner Hotel car park - TPS - inadequate entrance signage?
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Don't pin your hopes on POPLA. Their assessors are not legally trained and their knowledge of the law is iffy at best. You will have to lead the assessor by the nose to the point you are making, in the hope that a spark of understanding is ignited and they are able to decide in your favour.

As you only have to succeed on a single point and they have to rebut every point that you make, don't rely on this single argument. you throw the proverbial kitchen sink at them.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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  3. York Milner Hotel car park - TPS - inadequate entrance signage?