Premier Park - Exeter Road, Braunton

[RM7]

I had a very similar incident at the Exeter Road car park. I raised a POPLA challenge on the basis of inadequate lighting and signage. Premier Parking presented a 50 page document to POPLA in their defense with photographic evidence of reported night-time conditions. I too challenged the fact that the 'night-time' photographs were taken using flash and therefore did not represent actual night-time conditions and also that Premier Parking admitted in their letter that there is no direct lighting in the car park. POPLA still rejected my case.

I don't live in the area, but it doesn't seem that the car park lighting nor signage has been improved since the original in July 2016 - so I'm still left wondering how POPLA how found in favour for the original case, but has subsequently rejected what appear to be very 'similar' cases. Perhaps Premier had improved their defense and provided additional 'night time' evidence...?

Anyway, would seem that the honest folks are at the losing end of what I still believe to be inadequate lighting and signage, and 'sharp' practices employed by Premier Parking at this site - the number of email here would suggest there is a problem at this site! Beware to all those who park at Exeter Road Car Park at night and think twice about whether to challenge the case based on 'inadequate lighting'.

http://www.legalbeagles.info/forums/...d-Braunton-won


I am having the same problem with this. The entrance sign was missing, and 5 of the 6 lights in the car park were not in operation. The importance of the entrance sign is essential whilst using ANPR. I provided photographic evidence and as the time stamp was digital rather than the year old film photographs that Premier Park Ltd that had bright red writing on them my evidence was passed off as images off Google.

I've complained to them and the response I keep getting (they have now said they will stop replying) that it is up to myself to provide clear evidence.

I have a better than average joe knowledge of the legal system and contract law and the terms of a contract have to be given notice for a contract to be accepted. Because as soon as you enter the car park you are on the clock due to ANPR its is seen that you have accepted the terms, but in contact law and BPA Code of Practice you need to be given notice of these terms (that its a private car park and you are liable to be charged). If that entrance sign was missing then no notice has been given and you legally cannot accept the terms of a contact. Thus not liable to be penalised or charged.

Despite emails clearly explaining contract law and quoting BPA Code of Practice POPLA refuse to look at the appeal because the evidence that I provided doesn't clearly show the time and date on the imagery and the year old Premier Park Ltd. evidence does.

I have also highlighted the fact that Premier Park have used a flash light to in their photography, and that it is unreasonable for people to have to need a torch to see signage. This point and my legal point have both been ignored.

I would argue that POPLA is sided in the favour of the car park operator as there is no opportunity to appeal or rebut the operators case.

[mystery1]

Re: Premier Park - Exeter Road, Braunton

Is there a question ?

Premier park fail on keeper liability. If you don't admit the driver identity and complain to popla regarding the failure of the notice to keeper you invariably win.

M1