Hi

I was just reading through these messages.

I have found myself in the same position,

I parked on Brockholes on mon 26th may,

I did not know I had to pay for parking as where I was directed to park on a grass verge not in the main car park,

there was no signage

no meter

nothing where we parked

so did not pay for parking then

I got a letter through post 18 days later saying exactly the same as yours I

explained i saw no signage

they said i still had to pay and that there was a sign as we came through the entrance

i then appealed through IAS and it was dismissed

saying there was signs around the park and although i did not see them it is still my responsibility.

yesterday i got a letter through the post saying they where taking legal action

i messaged them and told them that they should have sent the ntk within 14 days which they didn't it was 18 days

they are saying this is not correct,

this is what they said

(Unfortunately you are incorrect in your information.

As you have admitted that you were the driver

we are not relying on keeper liability

so no requirement to comply with POFA

and therefore we will be instructing our solicitors to commence legal action on Monday against you)

I have never said i was the driver

infact my husband was driving.

i really don't know where to go from here

any advice would be welcome

thanks Sarah.

Hello Sarah, welcome to CAG.

I'll start a new thread for you, the guys should be along later. They're used to dealing with these companies, they'll know what to do.

My best, HB

Ok thank you

Hi I was just reading through these messages. I have found myself in the same position, I parked on Brockholes on mon 26th may, I did not know I had to pay for parking as where I was directed to park on a grass verge not in the main car park, there was no signage no metre nothing where we parked so did not pay for parking then I got a letter through post 18 days later saying exactly the same as yours I explained i saw no signage they said i still had to pay and that there was a sign as we came through the entrance i then appealed through IAS and it was dismissed saying there was signs around the park and although i did not see them it is still my responsibility. yesterday i got a letter through the post saying they where taking legal action i messaged them and told them that they should have sent the ntk within 14 days which they didn't it was 18 days they are saying this is not correct, this is what they said (Unfortunately you are incorrect in your information. As you have admitted that you were the driver we are not relying on keeper liability so no requirement to comply with POFA and therefore we will be instructing our solicitors to commence legal action on Monday against you)

I have never said i was the driver infact my husband was driving. i really don't know where to go from here any advice would be welcome thanks Sarah.

It is up to PWE to prove who the driver was if they wish to pursue them for this charge.

If you haven't admitted that you were the driver then write one letter to PWE.

State that you were not the driver at the time they are quoting, and you have no obligation to say who was.

Tell them to address all further correspondence to the driver.

Any more letters to you will be treated as harassment, and action will be taken against PWE.

Something like that.

Thank you for your advice I will message them and see what there reply is. Regarding the 14 days notice is this correct. thanks sarah.

Thank you for your advice I will message them and see what there reply is. Regarding the 14 days notice is this correct. thanks sarah.

For the RK to be held liable under the POFA 2012, then an ANPR 'ticket ' has to be received within fourteen days of the parking incident. If it is not, then only the driver can be held liable.

Reading your first post again, if your appeal to PWE was like that, then you have identified yourself as the driver...

" I parked... " " I saw no signage... "

In any case, if its private land, just use the GPEOL defence and let the PPC waste it's time and money,

they are talkimg rubbish, as usual. they have 14 dyas to get the notice to the keeper of the vehicle and then if the keeper wishes to they can identify the driver and PWE can contact then and the clock starts again for the time that the DRIVER has to pay or appeal. Identifying yourself as the driver doesnt alter the time they have to send out that first notice.

If it wasnt for the PoFA they would not be using ANPR in the first place as they wouildnt win a claim.

For the RK to be held liable under the POFA 2012, then an ANPR 'ticket ' has to be received within fourteen days of the parking incident. If it is not, then only the driver can be held liable.

Just to clear something up, it's received within 14 days starting from the day after the parking incident. So, the day you actually parked plus 14 days

Just to clear something up, it's received within 14 days starting from the day after the parking incident. So, the day you actually parked plus 14 days

Correct.

So not 18 days....

Correct.

 

So not 18 days....

No, definitely not 18 days. The cheeky swines.

And @sarahodea

Here's the relevant parts from the IPC Codes of Practice.

5.1 The Notice to the Keeper must; and

5.1(l) Be given by;

1) Handing it to the keeper, or

2) Leaving it at his current address, or

3) Sending it by post to his current address. and

5.1(m) Be given so that it will be received by the keeper within 14 days beginning the day after the specified period of parking.

So Parking With(out) Ease really don't have a leg to stand on.

Out of interest, what was the date on the NTK?

Difficult in that the IAS have not found in your favour!

It might be worth writing to the car park owner (not sure if this is someone like the National Trust, Lowther Estates, etc.)

and explaining the situation, and

also finding out who the MP is for the area,

mailing them and copying in your local MP who has to be the one to address the issue.

Send a complaint via BBC Watchdog too,

and to the Westmoreland Gazette.

Although these actions may not result in the charge being dropped,

there are obviously real problems with the Park with Ease system that need to be addressed.

Inadequate signage is a great example.

Sorry I can't be of more help but good luck!!

They are going after the driver so 14, 15, 18 days makes no difference.

PWE are saying the RK has admitted being the driver.

Only the OP and PWE know what has been exchanged between themselves at the moment.

@sarahodea

Has all contact been email so far?

You need to put in writing, in a letter with proof of postage, that you were not the driver on the day in question.

That is if you weren't the driver of course.

Hi thanks for all your advice I don't think I have a leg to stand on with this think I might have to pay up gutted.

no!!!

dx

please keep to this thread now sara

dx

Hi thanks for all your advice I don't think I have a leg to stand on with this think I might have to pay up gutted.

No you don't have to pay up.

Why are PWE saying you admitted being the driver?

Do as post #4.

If PWE want to start legal proceedings, then they have to send a compliant Letter Before Action.

Can you post up the letter you received?

You dont have to pay up. Just use the GPEOL defence and theyre done.

Hi I am not sure how I post the letter on here I am not right good with computers I have sent a message to park with ease saying I was not the driver on the day and they replied saying.

Thank you for your email. It is clear that you are not and have not paid for parking even though you were present at the car park and have admitted this in previous emails. We will obviously use this evidence when the court claim is submitted.

As previously stated if the charge of £50 is not paid then a claim will be issued in the county court on Monday for the full amount plus costs.

As ive said before, i would let them submit the claim, then you just throw GPEOL at them and laugh. They think theyve got a mug they can fleece. You need to show them they havent.

I don't want to sound thick but what is GPEOL.

Here's a link to the forum stikky about posting here.

It's recently be updated to show common abbreviations about parking.

http://www.consumeractiongroup.co.uk/forum/showthread.php?168275-Posting-in-this-Forum-please-read%281-Viewing%29-nbsp

HB

Hi I am not sure how I post the letter on here I am not right good with computers I have sent a message to park with ease saying I was not the driver on the day and they replied saying.

Thank you for your email. It is clear that you are not and have not paid for parking even though you were present at the car park and have admitted this in previous emails. We will obviously use this evidence when the court claim is submitted.

As previously stated if the charge of £50 is not paid then a claim will be issued in the county court on Monday for the full amount plus costs.

That is from today?

So they are trying to scare you into paying NOW, before tomorrow.

You have told them you were not the driver.

They are backtracking by saying you were in the car park.

You were, as a passenger.

They are out of time with the NTK to allow keeper liability.

So they can only chase the driver...

And they have to prove who the driver was to name them in court claim.

Personally , on the information you have given, I think they are full of b% $£*^#@¥.

If you get a letter in the post, I suspect it will be from gladstones solicitors and not be signed.

thanks that helps a lot

Hi should I send a letter or email. thanks for your advice