I recently visited Perranporth on a family holiday.

I borrowed my mums car as it is larger for travelling with baggage and parked at Droskyn Car Park in Perranporth.

Both parking meters were out of order. Another person trying to park told me they had taken photos of the meters to show intent to pay and that it would be fine. So I did the the same, even though there was a number to call on the meter if you could not pay.

When I returned to the car I had a Parking Charge Notice for the princely sum of £100.

What course of action should I take?

I couldnt pay at the time due to meters being out of order, the car belongs to my mum but she was not actually there, when I returned to the car park both meters were working, the ticket is issued to the driver of the vehicle.

Yes I parked without a ticket, but only because I had no way to pay for one.

Do I go through the online appeal or should I wait for the NTK?

They seem to state you cannot appeal on the grounds of mitigating circumstances which I think is wrong.

Any help greatly appreciated.

I recently visited Perranporth on a family holiday.

I borrowed my mums car as it is larger for travelling with baggage and parked at Droskyn Car Park in Perranporth.

Both parking meters were out of order. Another person trying to park told me they had taken photos of the meters to show intent to pay and that it would be fine. So I did the the same, even though there was a number to call on the meter if you could not pay.

 

When I returned to the car I had a Parking Charge Notice for the princely sum of £100.

 

What course of action should I take?

I couldnt pay at the time due to meters being out of order, the car belongs to my mum but she was not actually there, when I returned to the car park both meters were working, the ticket is issued to the driver of the vehicle.

Yes I parked without a ticket, but only because I had no way to pay for one.

 

Do I go through the online appeal or should I wait for the NTK?

They seem to state you cannot appeal on the grounds of mitigating circumstances which I think is wrong.

 

Any help greatly appreciated.

Name the parking company please, and when was the date of the event?

Do not make any contact yet until you answer the above please...

You wait for the NTK.

Do nothing at the moment !!!!!!

Bunch of "Bandits" trying to "Pick your pockets"

A S Parking and this happened on the 9th July 2015.

I was in the process of doing the appeal on their site, and then came across this site so I havent submitted anything.

IPC members, so this should be good for a laugh.

As others have already said, do absolutely nothing with this until you (or rather, your Mum) get's the NTK. This must land on the doormat within 29-56 days after the parking event. Outside of that timeframe, AS Parking will lose the right to claim against the keeper and don't know who the driver is, so won't be able to claim against them either

Sometimes, the PPC's can't get even the simplest things right, so you need to wait and see if they can fall at the first hurdle

As everyone has stated . ................... Wait for the NTK !!!!

It's all very well giving a number to ring if the "machine" is out of action. .......

But what happens if you don't, can't, won't have a credit / debit card ????

What ??? It's your fault ???. ................ I don't think so.

Is that "Term" stated in their "Contract" at the entrance to the Car Park ????

NO

So have you OR not entered a "Contract" ?

IPC members, so this should be good for a laugh.

 

 

What is an IPC member?

Thinking about it, the notice said if for any reason you can't pay then you should find alternative parking. Does this make a difference with regards to contract?

Just to add another small dimension to this, I'm from the north of Ireland....will that make them any less likely to pursue it?

What is an IPC member?

Here's a link to the forum stikky with abbreviations used on this forum.

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

HB

It's a surprise that AS lasted so long with the BPA. The IPC seems their natural home....

http://parking-prankster.blogspot.co.uk/2014/07/will-as-parking-give-out-their-first.html

http://parking-prankster.blogspot.co.uk/2014/08/as-parking-caught-issuing-charges-under.html

http://www.westbriton.co.uk/Visitors-threaten-boycott-Perranporth-parking/story-20228330-detail/story.html

http://www.tripadvisor.co.uk/ShowUserReviews-g528866-d3381103-r217009756-Perranporth_Beach-Perranporth_Cornwall_England.html

Thanks for the info guys, very much appreciated.

I'll hold on until we get the NTK.

Generally whats the next step after the NTK?

Also, I noticed on the ticket that they have not spelled the name of the town correctly for the location, i.e. they used Peranporth instead of Perranport. Could this be appealed on the grounds of incorrect information on the ticket, as Droskyn Car Park, Peranporth doesnt actually exist?????

A minor error such as that, probably not to be honest. But don't concern yourself too much, there will be plenty of other valid reasons for appeal when it gets to that stage.

Of course, you have to be prepared that AS Porking (deliberate) will reject your appeal (there's no profit in allowing appeals after all), and then you'll need to submit a further appeal to the IPC's IAS. Which, to be frank, will probably also be rejected. They don't like allowing appeals either. It's a long story!

Then you'll start getting all sorts of 'threat-o-grams' probably from an outfit called "Gladstones" acting as a Debt Collector and then later as a solicitor. Gladstones also happen to run the IPC and the IAS ("Independent" Appeals Service)... You can probably see where this is going

The aim, in reality, is to drag the appeals process out for as long as possible. In the end, AS Porking will come to realise that you're not going to be a push over and just pay up, so they'll move on to their next 'victim' (who'll hopefully also come here for advice). It could ultimately end up with AS Porking taking you to County Court, but, as they lose money by doing this, even if they win, that's fairly unlikely. AS Porking took the grand total of absolutely no one to court in 2014, so there's a hint as to how keen they are to lose money

Theoretically, if you are told to find alternative parking and you dont them you are trespassing and therefore no breach of contract. This means that the PoFA doesnt apply eioither so no keeper liability. The landowner will still be able to sue the driver for any damage caused to the car park itself but the wear and tear of a single vehicle is going to be immeasurable.

Theoretically, if you are told to find alternative parking and you dont them you are trespassing and therefore no breach of contract. This means that the PoFA doesnt apply eioither so no keeper liability. The landowner will still be able to sue the driver for any damage caused to the car park itself but the wear and tear of a single vehicle is going to be immeasurable.

The perfect defense !!!

I wouldnt want to use that as the sole reason in front of a judge but it is worth using as a shot across the bows so to speak. The real point is that the signage is inadequate to form a contract as under the circumstances you have met it is not possible to fulfil or breach that contractual term.

Ok, I've (my mum) now got the NTK letter.

Like I said previously, I was the driver, my mum owns the car and was not in Perranporth at the time.

What should I do now?

A better defence might be that POFA is not recognised by NI courts and only the driver can be pursued. They do not know who the driver was, do they??

No they dont know who the driver was.

the NTK basically says pay the fine or identify who was driving. My wife and I are both named drivers on the insurance so in theory it could have been either of us and my mum wouldnt know which.

I guess I (my mum) needs to write to them?

No. Your Mum or you don't need to do anything at the moment. Because POFA does not apply in NI, there is no keeper liability. As they do not know the identity of the driver, they cannot take any further action (unless you have told them). I have assumed that the vehicle keeper (your mum) is resident in NI ?

hope it doesn't say fine?

dx

No. Your Mum or you don't need to do anything at the moment. Because POFA does not apply in NI, there is no keeper liability. As they do not know the identity of the driver, they cannot take any further action (unless you have told them). I have assumed that the vehicle keeper (your mum) is resident in NI ?

Yeah my mum is resident in NI too. So the advice is to do nothing at this point to see what happens?

hope it doesn't say fine?

 

 

dx

I dont have the letter at hand at the moment, but perhaps it said "penalty notice". I'll double check tonight after work to confirm that.

Thanks.

Gone are the days where there used to be a man in his little hut at the carpark entrance.

penalty notice is as good as them shooting themselves in their own foot.

hope it doesn't say fine?

 

 

dx

Actually it says "Parking Charge".

Just so I'm clear, the recommended approach at this point is to do nothing...dont contact them, dont acknowledge them, as if they did try to take my mum to court as the keeper of the car, NI courts dont recognise the POFA and so won't hear it, and if AS cant take her to court as the owner and dont know who the driver is, there is nothing they can do?