Parking with Ease - Betteshanger Country Park, Deal, Kent

daddywb · June 26, 2017

Hi,

I wonder if someone can advise.

My wife received two parkinig charge letters from Parking With Ease both due to their machines constantly failing to recognise the registration number when attempting to make payment.

On one occasion we worked out we could enter the reg number manually but it then failed to recognise the debit card and just sat there forever.

We then decided to leave it as we were unsure if payment had been taken.

both of these letters were sent and received way outside of the 14 days Notice to Keeper period as stated here

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

I informed them of this on my wife's behalf via their appeals email address and also mentioned the POFA and that the NTK was outside of this period and that they were therefore unable to pursue the registered owner of the vehicle (my wife) for the penalty charge.

I also stated that I would report them to the IPC, DVLA if they pursued this further and they came back and said:-

"We have not claimed to and are not seeking to use POFA 2012 to pursue the matter, therefore we have no requirement to issue any letters within 14 days."

Can someone advise on the next course of action.

Do we send them everything in writing?

They said that we are free to contact the IAS and lodge an appeal with them within 21 days.

Just a bit confused on their response and the next step for us to take.

Thanks for any advice.

Rob

**dx100uk** · June 26, 2017

first its not a penalty..they are speculative invoices

can you complete this for each PCN please

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

Homer67 · June 26, 2017

Hang on, if Parking With Sleaze declare they are not relying on POFA then surely there's no keeper liability?

Can't the OP simply respond with the old 'take it up with the driver and I'm not obliged to tell you who that was' response?

ericsbrother · June 26, 2017

PWE are dreadful and have a habit of getting things wrong and then blaiming everyone else.

You made an error by contacting them as now they think that you can be persuaded to pay up by giving you a load more bull and threats of action that they know are really doomed to fail

Where was the car aprk and what were the dated of the event.

Do not contact them again and certainly do not appeal to the IAS/IPC/Gladstones as they are a disgrace.

As for their comments about not using the POFA,

this is true but it leaves them stuck with only lies and innuendo left to get you to give up on them.

After you have ignored the for a while you may well start getting begging letters from other organisatiosn such as dca's.

You can ignore them as well but if you get a letter threatening court action from the world's greatest solicitors who own a Parking trade association, Gladstones

(or BW legal, the worlds second greatest soliciotors who dont own a parking trade association)

then come back here pronto.

daddywb · June 26, 2017

PCN #1

1 Date of the infringement

1/6/2017

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

21/6/2017

3 Date received

24/6/2017

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?]

No

5 Is there any photographic evidence of the event?

Not that I am aware of. It was an ANPR system?

6 Have you appealed? {y/n?] post up you appeal]

Have you had a response? [Y/N?] post it up

Hi,

In reference to your letter dated 21st June 2017, I would like to contest this parking charge.

Myself and my wife use the Betteshanger Park and always pay as you will see if you look back at your records.

We remember this day as we put our debit card in the machine and we believed that the payment had gone through as there was a long delay. We even spoke to another couple who were waiting at the machine who said they had also had problems with it in the past.

We believed that the payment had been taken and left. We certainly didn't want to make multiple attempts and be charged.

I am more than happy to pay the usual fee, but feel that this charge is unjustified.

Like I say, if you go back on your records you will see that we do usually pay. My wife and I usually go walking at Betteshanger early in the morning and are usually there only for around 30 minutes or so. So to risk a fine for the sake of saving £1 or so would be stupid.

Please consider this request and I look forward to hearing from you soon.

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Thank you for your email.

Upon entering the site you entered into a contract to pay for the parking that was due at the time or up to 48 hours following your departure (online) or pay a parking charge notice (reduced if paid within 14 days).

Having checked all the payments made during you visit I am unable to see a payment for your registration or anything I might assume is an incorrect entry of your registration, therefore the parking charge has been issued correctly.

You can pay your parking charge notice online at www.parkwithease.co.uk or by sending a cheque or postal order to Park with Ease Ltd, Unit 14, Theatre Court, London Road, Northwich, Cheshire, CW9 5HB. We also accept payments over the telephone on the contact number below.

The Independent Appeals Service (www.theIAS.org) provides an Alternative Dispute Resolution scheme for disputes of this type. As you have complied with our internal appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service providing you lodge an appeal to them within 21 days of this rejection.

If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). In order to appeal the IAS will need your parking charge number, your vehicle registration and the date the charge was originally issued.

Kind Regards

Gemma

Customer Services

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Hi,

Under the 14 day rule for the Notice to Keeper, you should have sent the demand within 14 days of the event, which you clearly have not done.

I note the protection of freedoms act 2012 schedule 4 section 9 states that for keeper liability to apply the keeper must receive a notice to keeper within 14 days.

REF PWE

- Period of Parking: 5th June 2017 - Your letter is dated 21st June 2017 - Received 26th of June 2017

REF PWE

- Period of Parking: 1st June 2017 - Your letter is dated 21st June 2017 - Received 24th of June 2017.

Note that both were received well outside of the 14 day period and means that you are no longer able to pursue the registered keeper of the vehicle (Mrs XXXXX) for this fine/penalty. You must instead pursue the driver of the vehicle at the time.

Please let me know how you would like to proceed.

If you would like to take this further I can put this in writing to you.

Note that I will also

1. Make a formal complaint to the IPC

2. Make a formal complaint to the DVLA as I believe that you obtained our information outside of the 14 day period.

3. Open an appeal with the IAS.

I await your response.

------------------------------------------------------------------------------------------

We have not claimed to and are not seeking to use POFA 2012 to pursue the matter, therefore we have no requirement to issue any letters within 14 days.

Kind Regards,

Gemma

Customer Services

7 Who is the parking company?

Parking With Ease

8. Where exactly [carpark name and town]

Betteshanger Country Park, Deal, Kent

For either option, does it say which appeals body they operate under.

IAS

PCN #2