Hello guys, some advice needed.

Just been to the cinema at valley park leisure park in Croydon and have received a parking charge for parking not in a box.

The car park was full with no spaces available and a few other cars had parked on the end of rows, so we did this too.

It wasn't blocking anybody in and not blocking any way in or out.

As we came out we had a parking charge notice on our windscreen.

This happened just earlier tonight so as yet no action has been taken.

Thanks in advance.

Photo of all signs will be needed and if upon entrance you can see/read before going in

Await the NTKx

Photo of all signs will be needed and if upon entrance you can see/read before going in

Await the NTKx

Thanks for the reply.

We went back there his evening and took some pictures. I am unable to post pictures on here at the moment though.

There is a sign at the entrance to the side of the road about 8ft up.

Inside there are more signs with more conditions etc. The first ones are basically at floor level and mention needing a permit which you don't as it is a free car park.

The other signs are quite high up, probably around 10ft.

Any further advice would be greatly appreciated.

I just think it's scandalous to try and charge £100 (down to £60) when it's a free car park and no damages or losses we incurred by anyone.

Hello there.

You can post photos even if you don't have many posts. Please click on the word upload in my post for a guide on what to do.

HB

Thanks for the tip!

Below are the pictures from the car park, the first one by the entrance and the other two in the car park at ground level and about 8-10ft high.

Any further advice please?

ValleyParkSigns.pdf

dont respond to a screen ticket and wait for the NTK.

Also Valley Park has the signs places not at the entrance to the land but at various points scattered about,

usually next to the roundabout in the middle and it is not clear as to what part of the land they apply to.

I have helped others to respond to the NTK and UKPC have then gone quiet so it looks like they are playing a numbers game and wont waste money when they get a decently worded denial of debt

The sign you refer to isnt a contract at all and it desnt say you cant park badly of you wish to.

That sign is at best "an invitation to treat" and at worse just usual UKPC gibberish that the IPC approve of because they are clever and better then the law itself

Thanks for the reply, will post when the NTK arrives.

Hello again,

Just got the NTK, which came after 39 days.

What should my next steps be?

Thanks, all help appreciated.

scan it up to pdf

read UPLOAD

Please find the NTK attached as a PDF.

NTK .pdf

well, their NTK isnt POFA compliant as it doesn't say who the creditor is so you are not obliged to pay them.

Also they say that the breach of contract was parking on a roadway.

Is there such a condition in the contract offered?

IE' does the signage say parking on the roadway is a breach of the parking conditions or does it say only park within the marked bays?

Is there wording that prohibits the parking on the roadway?

These are different things,

one is a contractual agreement

, the next is a breach of contract and

the third is a prohibition and

so not a contractual matter at all.

As we have seen the signs and they refer to other signs elsewhere they are not an offer of a contract at all but "an invitation to treat" at best.

there is no contractual consideration in the way of mentioning a sum of money for that consideration

in short their signs are rubbish and their NTK is rubbish.

What to do next?

you have 3 choices,

ignore them and see what they do next,

tell them that their signage isn't a contract and their paperwork isn't a lawful demand and so they can get stuffed (and are lucky that you aren't suing them) or

appeal and rely on POPLA being an honest broker (which they arent) and hope to get it officially cancelled.

the problem with the last is that POPLA doesn't consider the law

, just a very narrow remit given to them by the BPA

if you lose your appeal UKPC are more likely to want to be tough because they think that they have been given the green light for their claim to be good when it really isnt..

Your choice but if you intend to write/appeal post up your draft letter here so we can advise on alterations.

Dont say you were the driver,

they are claiming from you as the keeper

write in that capacity and use the third person where possible.

Say things like the keeper denies any liability because...

. and not I was parked or I didnt see this or that...

Thanks for the info, I'm just drafting a reply and have a quick question.

Am I right in thinking the NTK is not POFA compliant as it doesn't say who the land owners are?

Thanks.

no, ther landownership is irrelevant,

just that the parking co has a right to be there

and they dont have to show this right to you at this stage.

I told you why it isnt compliant and you need to look at thr reat f the POFA to see what they need to do and what the letters must say,

the wording of a couple of key phrases is critical.

It begs the question what do you hope for in writing to them,

they arent going to accept your appeal as they are too thick to know the law

why do you think they will apply it fairly when they are only interested in making money out of you and getting the substance of the appela wronmg because you havent read up on the salient points isnt going to help matters.

Read up more first, post your letter up here and then we will suggest any changes or emphasis on certain points