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I would appreciate advice on the following questions.
In a small local retail outlet, a single, newly installed digital parking ticket machine, which accepts cards but not cash payment transactions was failing to accept/process some peoples’ bank cards causing chaos and upset and resulting in NTK invoices. Some people have posted online that they have managed to contact them, on the given phone no, and had their NTK cancelled. I've found this number is now blocked with a recorded message saying, ‘there is no-one here to take calls’.
1) Does the result of this machine failure, and lack of a cash payment alternative, mean that there could be no contract with the driver? If so is the driver entitled to have the NTK cancelled and my details removed from the records?
2) Also, with the new company managing the car park, having admitted the fault by cancelling and/or repaying some people, have they created a precedent entitling others to the same result?
3) The signage states that the parking company manages the car park but it does not show the landowner’s name and details (it is not any of the retail outlets). It also fails to state whether the company has the authorisation of the landlord to enforce a contract on the driver. Does this also indicate that there was no contract for the driver to accept,
5) The managing company is Workflow Dynamics (member of BPA), they say that POPLA won't allow an appeal to them unless I submit an appeal them first. Is this correct?
The car was parked on 21st Feb. 2022 and I received the NTK on the 10th March, It was dated the 8th.
In a small local retail outlet, a single, newly installed digital parking ticket machine, which accepts cards but not cash payment transactions was failing to accept/process some peoples’ bank cards causing chaos and upset and resulting in NTK invoices. Some people have posted online that they have managed to contact them, on the given phone no, and had their NTK cancelled. I've found this number is now blocked with a recorded message saying, ‘there is no-one here to take calls’.
1) Does the result of this machine failure, and lack of a cash payment alternative, mean that there could be no contract with the driver? If so is the driver entitled to have the NTK cancelled and my details removed from the records?
2) Also, with the new company managing the car park, having admitted the fault by cancelling and/or repaying some people, have they created a precedent entitling others to the same result?
3) The signage states that the parking company manages the car park but it does not show the landowner’s name and details (it is not any of the retail outlets). It also fails to state whether the company has the authorisation of the landlord to enforce a contract on the driver. Does this also indicate that there was no contract for the driver to accept,
5) The managing company is Workflow Dynamics (member of BPA), they say that POPLA won't allow an appeal to them unless I submit an appeal them first. Is this correct?
The car was parked on 21st Feb. 2022 and I received the NTK on the 10th March, It was dated the 8th.
