Hi all,

I’d be grateful if I could get your advice on the situation below.

J.A.S. Parking, Staples, Stevenage.

The regulations breached:

1. Unauthorised parking.

6. Did not use car park provider’s premises and went elsewhere at the time of issue of the parking charge notice.

Picture taken at 11:06 (when I arrived)

Ticket issued at 11:26 (when I was in Staples by my reckoning)

Purchase made at 11:38 (I have receipt)

Admittedly I left the premises on arrival at the car park which seems to be where they have me bang to rights, I’m assuming the attendant saw me leave as when asking in store for advice on the ticket was told they are a bit sneaky and often stay out of sight waiting and if they see people leave the site and issue a ticket. Although in fairness the attendant seems to have given me 20mins before issuing which is confusing my outrage somewhat.

On my return to site I went directly in to Staples to look for a couple of bits, long story short, I purchased a replacement mouse for my PC. Returning to my car I find a ticket.

Any chance of a successful appeal? Or am I just going to waste my time and better off just to pay now and forget it?

Here’s hoping some are familiar with this sort of thing and can advise me on my best course of action. The whole process looks a bit daunting but I do feel aggrieved.

Many thanks for reading.

LA.

Hi and welcome to CAG.

No you don't pay !!!

Make no contact

A NTK (notice to keeper) must arrive between 29 and 56 days after the "offence"

Can you get photos of the signs and post them up ??

Thx bud, if I make no contact in the next week the fine will go from £56.94 to £94 which I want to avoid at all costs. Surly I should make contact, the fine will then be held at the lower amount for the duration of the appeal. When JAS inevitably reject my appeal I will then be able to take it to POPLA is my understanding, can you advise me on that side of it?

I can get pics but tbh they are clear and state terms for breach, unfortunatly I didnt read it properly.

I have seen a pic somewhere of the sign while investigating I will see if I can find it.

What was the date of the "offence" ?

19th Nov.

From what you have said so far.

You received a NTD (windscreen ticket. ... Notice to driver)

That ticket is "offering" the driver the "discounted deal"

If you do nothing then they have to send out a NTK. You then appeal to them as the keeper. ....... That will get rejected .... but the parking co. have to then issue a POPLA code. (second appeal chance).

By which time other legal CAGGERS will have sorted an appeal for you.

The signs often have incorrect "terms" used where by no "Contract" could have been entered into.So it is important to see them for the best advice.

19th Nov.

Sorted ......

"Hang fire" and wait for the "Legal Crew" :wink:

I can check the sign no problem and will get back. The only pressing matter atm is what to do to avoid the possibility of the higher fine? If I dont appeal within 14 days to JAS the fine will go up if my appeal fails.

What to do here for the best, leaving it seems a tad of a risk no?

Linjk to JAS appeals info.

Meh cant post link

Many thx

Lol thx bud. Fantastic... I will check back tomorrow, need some sleep.

No when the NTK (notice to keeper) arrives the same "discounted offer" is given to the keeper.

There is a Good chance you will pay nothing.

I don't do the "Legal bit" but I found the advice on here first class. ericsbrother and armadillo71 ,Dragonfly etc. (to name but a few)........

Think about it. ......... They don't know who the driver is or his/her address so they can't chase you !!!!!!

Trust on this one you'll be fine.

I will consider it, of that you can be sure. And am happy to trust but wouldn't mind some convincing.

How best to address the fact that I left the site before going in to the shop? Seems to be the crux of the matter?

And Refering to the 14 day "discount", is the "enforcement action" (underlined below) considered to be the ticket I received on the day or is it the one I will get in the mail? If the latter then I would be much more comfortable waiting for the NTK.

Thnks again.

JAS appeals blurb I tried to link to earlier.

You have the option to appeal against the parking charge notice you have received. However we would issue the following guidance should you wish to pursue this course. The final decision on revoking a parking charge notice rests with our appeals department.

 

A parking charge notice is issued if a vehicle is parked in contravention of the advertised conditions on property we own, lease or have been contracted to patrol. Please be aware that our signage meets or exceeds the requirements of the British Parking Associations codes of conduct.

 

However, if you feel you have grounds for appeal, please do so within 28 days of issue noting the conditions below:

 

 

Appeals Procedure

 

Should you wish to pursue an appeal, please ensure your appeal contains the following information or we will be unable to process it:- Your PCN number, Your name & full postal address including postcode Your vehicle registration number The date of the contravention Any copies of evidence you have to support your appeal Your contact telephone number & email address if relevant.

 

An appeal must be made in writing to this address:

 

J.A.S Parking Solutions Ltd

P O BOX 989

Ipswich

IP1 9UJ

 

Or via email to: xxx

 

Please clearly state your reason for appeal, and detail any other information you feel is relevant.This must be done within 28 days of the enforcement action or the appeal cannot be heard, or within 14 days if you wish any discounted payment period to be honoured. Our Appeals Department will respond in writing or by email within 14 days with a decision.

The amount outstanding WILL NOT increase whilst we consider your Appeal. If your appeal was received within the discount payment period, the opportunity to pay the reduced charge will be made after a decision has been informed.

Appeals will NOT be considered for the following reasons:

 

You left the car park before or after using the premises (You are only a customer or member whilst on the premises).

Any appeal would be dealt with by our appeals team reviewing the photographic evidence/CCTV montior footage supplied by our enforcement officers/management of stores.

 

We aim to provide a fair appeals service carried out by our experienced appeals team. The team uses photographic evidence, reports from our on-site operatives and your correspondence when dealing with any dispute.

 

Once your appeal is received we will contact you within 14 days, should you wish to contact us about an appeal, you are advised not to do so until 14 days have passed.

 

If your appeal is unsuccessful you have the opportunity to appeal to an independent appeals service (POPLA), details of which will be provided to you at the appropriate time.

Please note we will defend ourselves vigourously and consider recoverying costs against any County Court action that may be issued against us.

 

Refunds of any payments received will only be provided if an appeal is approved by our appeals manager.

Wait for the NTK.

Whilst you wait, have a read of VCS vs Ibb. about leaving the site;

http://nebula.wsimg.com/e3da92cb966c72de63ec1f98605c2954?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

Hello there.

Here's a bit more reading for you that might help later. The forum stikky has a list of commonly used abbreviations in case you don't know them al.

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

Btw, are they using the word 'fine'? Normally only a court can fine you.

HB

Apologies for my slow uptake, the penny has finally dropped after re-reading regarding NTD/NTK.

I will have a read of links offered, and get back, many thanks to you all.

Quite right HB "Parking Charge Notice" is the term used not "Fine".

You can make sure you have your material ready for when the letter drops through your door in a month;s time. A copy of your receipt (not original) should be posted along with a letter saying that it is an appeal saying the DRIVER (no names) was shopping in store at the time and that any claim is entirely false and will be reported as fraud and that you are copying this appeal to Staples Head Office as a complaint of harassment by JAS employees. In the meanwhile, drop them in it with Staples and write a stiff letter saying that the activities of JAS is tantamount to fraud and demand to know what they are going to do about the harassment their customers are suffering at the hands of the agents they employ?

Staples will probably boll*ck them and the ticket will get cancelled before you get the next letter from them

Thanks Eric I will look in to that. As much as Id like to shove it up JAS I would be happy if Staples would just do the right thing and cancel it.

Pics of sign as requested. Will up elsewhere as I don't think they are readable in this state.

[ATTACH=CONFIG]54589[/ATTACH]

[ATTACH=CONFIG]54590[/ATTACH]

Hope that's better sorry for the far from perfect images.

Hmm can't zoom in either way. Cheeky 10th post so I can link.

Sorry for the massive pics.

These signs must be 450mm X 450mm. (min. size)

There MUST be one at the entrance to the car park which is readable from the drivers seat of the car entering the area.

I think they have the size covered. Google image link.

https://www.google.co.uk/maps/@51.9048012,-0.2048405,3a,75y,154.02h,81.82t/data=!3m4!1e1!3m2!1sL2caV-PbUzxkx642hd2l4Q!2e0!6m1!1e1

I will double check to make sure the entrance sign is still there.

well, the sign isnt at the entrance to the land from the public highway but firther on and is not on the driver's side nor big enough to read whilst in your car so that means no contract formed due to inadequate signage.

doesnt alter the fact they are wrong,even after all of this.

have you written to Staples Head Office yet? do so and tell them that you will bereturning all of the items you purchased that day by post to HO as being defective if they dont sort this mess out.

After reading more of the links posted I am running out of steam already, I would like to try my luck and see if I can get Staples to cancel it for me.

Is there some sort of template for such a thing?

I would include images of the ticket and receipt and argue that the ticket has been issued incorrectly.

The regulations alleged to have been breached:

1. Unauthorised parking.

6. Did not use car park provider’s premises and went elsewhere at the time of issue of the parking charge notice.

I’d like to point out that I was a paying customer and on the premises when the ticket was issued. Proof of which is attached.

Best to be polite or go in a bit harder as has been suggested to me?

Does the fact that I was on the premises, and could probably be proved by cctv, make my argument to Staples any stronger bearing in mind that Reg 6. Says ‘at the time of tickets issue I did not use the premises’?

Anything else I should include to be more persuasive?

have you written to Staples Head Office yet? do so and tell them that you will bereturning all of the items you purchased that day by post to HO as being defective if they dont sort this mess out.

Wow Eric, I was just preparing a post on the very subject. Spooky.

No is the answer Im just trying to compose something now and am a bit unsure how to approach it for the best. Any advise on this?