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Private Parking Charge - Park with Ease Ltd - ** WON IPC APPEAL **


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Hello I was wondering if anyone could give me any advice.

 

A few weeks ago I parked at Brockholes Preston and it was one of them number plate recognition places

where you type your registration number in to pay on leaving.

 

I made a bit of a hash of the first attempt so I cleared it and typed it in again.

The parking charge came to £2, we paid this and left.

 

Last week I received a non payment of parking letter from the private parking company (Park with Ease)

saying that I owe them £50, or £25 if it is paid within two weeks.

 

I have since contacted them,

I stated that we had paid for our stay on that particular day

and that we should not have a 'non payment parking charge'.

 

They have replied, they state that we had not typed our full vehicle registration into the machine

which resulted in us only paying £2 instead of £2.35.

 

The thing is I was at the same place two days earlier,

we had no problems and paid £2.70 for our stay.

 

Do I have a leg to stand on by not paying this charge?

 

Is there any avenue I can go down?

 

My case doesn't seem to come under anything POPLA deal with,

or what I've read about other independent agencies either.

 

Legal thieves! :mad2:

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On a "Number plate capture" they have to send you the NTK (notice to keeper) within 14 days.

What date was the "offence" ?? When did the letter land on your door mat.

 

I ask because you said "A few weeks ago"

 

 

Edit : Welcome to CAG !!! :-D

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Dated 23rd May but the the "Postie" has got to deliver it. ....

What day did you receive it ??

 

It's timed out either way, so you won't be paying.

I don't do the legal bit so wait for the "Legal Crew"

Good Luck

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Just had a look on this website (link) and it looks as though you could be correct F16......

 

*It seems that I can't post links yet*

 

It is from advice guide and citizens Advice Bureau.

 

 

If your car is captured on CCTV, the parking company must by law get a parking ticket to you within 14 days, starting from the day after the parking incident took place. If you know you got the ticket later than this, you may be able to challenge the ticket for this reason.

 

The parking company must also make it clear that CCTV is being used, under the CCTV code of practice issued by the Information Commissioner’s Office.

 

If you get the ticket later than you should do, you can complain to the DVLA, then the Information Commissioner because your information was released to the parking company unlawfully.

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Could you post up a redacted copy of the Notice To Keeper?

 

Their website doesn't mention the BPA or IPC...

 

But the website mentions a third party - http://www.parkwithease.co.uk/faqs.aspx which is ?

 

Who got the registered keeper details?

 

They are out of time anyway to allow keeper liability under schedule 4 of POFA 2012 as said above.

 

 

But did you identify the driver when you contacted them?

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**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though DONT USE BANK NAMES or CAG in the title

i'e Default notice DD-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

you can click on your links to check them too!

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Be careful with this one, they are landowners so don't need to be BPA or IPC approved operators to gain details. Don't know if they would but they could go the Byelaw route. They don't use POFA so no POPLA. If you cant agree with them then the place it would be sorted is a magistrates court. [possibly]

 

Parking eye were booted out of their car parks and they went in house using Byelaws.

 

https://docs.google.com/viewer?url=http%3A%2F%2Fwww.lakedistrict.gov.uk%2F__data%2Fassets%2Fpdf_file%2F0009%2F169902%2Fbyelaws_car_parking.pdf

 

Don't understand the passing to a third party bit!

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Could you post up a redacted copy of the Notice To Keeper?

 

Their website doesn't mention the BPA or IPC...

 

But the website mentions a third party - which is ?

 

Who got the registered keeper details?

 

They are out of time anyway to allow keeper liability under schedule 4 of POFA 2012 as said above.

 

 

But did you identify the driver when you contacted them?

 

 

I do believe that they are registered with BPA and IPC is mentioned in the letter.

 

Yes the driver was identified, the name was also on the letter.

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So according to them they have a loss of 0.35p, but are claiming £50...

 

This is interesting;

http://www.motoringresearch.com/car-news/parking-fines-thing-past-0224940198

 

Really need to see both sides of the NTK to help more.

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I like the way he uses the word 'fine' several times

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Be careful with this one, they are landowners so don't need to be BPA or IPC approved operators to gain details. Don't know if they would but they could go the Byelaw route. They don't use POFA so no POPLA. If you cant agree with them then the place it would be sorted is a magistrates court. [possibly]

 

Parking eye were booted out of their car parks and they went in house using Byelaws.

 

https://docs.google.com/viewer?url=http%3A%2F%2Fwww.lakedistrict.gov.uk%2F__data%2Fassets%2Fpdf_file%2F0009%2F169902%2Fbyelaws_car_parking.pdf

 

Don't understand the passing to a third party bit!

 

 

Did you miss this? Its not POFA its landowner, and its a byelaws one. So criminal [or could possibly be] looking at POFA compliance and NTK's ain't going to help.

 

 

"Standard Scale Level 2 - Maximum Fine £500"

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Did you miss this? Its not POFA its landowner, and its a byelaws one. So criminal [or could possibly be] looking at POFA compliance and NTK's ain't going to help.

 

 

"Standard Scale Level 2 - Maximum Fine £500"

 

Can't read it on my phone for some reason...

 

We need to see the NTK as the OP is saying letter refers to the IPC?

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Ok, you paid the prescribed charge for parking as required at the time so the company has made no real loss due to your actions. As it is not your fault that the machine failed to charge you the correct amount there is no reason for you to assume that you did not fulfil the contractual obligations. You did get a ticket as required by the conditions posted at the site (each site will have differetn conditions but I bet that their interpretation of the conditions is boubtful for an automated system) so the byelaw hasnt been broken, even if the amount is wrong.

 

I would be writing to the boss of the NT and complaining about this matter as being "de minimus" at best and an unlawful charge at worst. As they obviously use a contractor it is in their interest to see that justice is done or risk bad publicity by allowing a third party, to which you have no contractual obligation, to try it on and cover for its system errors.

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I have just removed my and their name and address and my vehicle registration. I've also had to leave out web addresses as I don't have enough posts for links.

 

 

 

PARKING CHARGE – NOTICE TO KEEPER

 

Vehicle Registration:

Vehicle Make/Model

Site name: Brockholes Preston

Period of Parking: Mon 05 May 2014 13:14:01 to Mon 05 May 2014 14:32:23

Date of Issue: Fri 23 May 2014

Reason for Issue: Non Payment pf Parking

Amount of Charge £50.00 reduced to £25.00 if paid within 14 days

 

Driver liability

The driver of the above vehicle is liable for a Parking Charge in the above amount which, at the date of this notice , remains unpaid in full.

 

This charge relates to the period of parking that immediately preceded the issue of that Notice, the charge having been incurred for the reason as stated above and liability for the same having been brought to the attention of the driver by clear signage in and around the Site at the time of parking.

 

Register Keeper Liability

At the time of this notice the Creditor does not know both the name of the driver and a current address for service for the driver and as the registered keeper of the vehicle.

 

YOU ARE NOW INVITED TO

i) Pay the unpaid Parking Charge:

Or---

If you were not the driver of the vehicle, to notify us of the driver and a current address for service for the driver AND pass this Notice on to the driver.

 

Please be warned that if, after the period of 28 days beginning with the day after that which this notice is given i) the amount of the unpaid Parking Charge specified in this Notice has not been paid in full, and ii) we do not know both the name of the driver and a current address for service for the driver, we have the right to recover from you, so much of that Parking Charge as remains unpaid.

 

Appeal

In the event that you wish to dispute liability for this Parking Charge, within 21 days beginning with the day after that on which this notice is given, please provide your full name and address, vehicle registration number and the Parking Charge reference at the top of this Notice providing your full reasons. appeals must be made in writing to the address above or by e-mail to *************.

 

Appeal decisions should be provided within 28 days. In the event that your appeal is unsuccessful then we will provide you with appropriate details enabling you to lodge an appeal to an Independent Appeals Service. Details of the appeal procedure can be found at IPC.

 

Payment

 

Payment should be made at ******* or by sending a cheque to the address above quoting your reference.

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Ah, they want to claim the money rather than apply the law as the latter doesnt earn them a penny, even if you are in the wrong big time.

You can appeal simply saying the prescribed fee was paid and the claim against you is utterly refuted as being without foundation or just cause. Send a copy of both their claim and your response to the head of the NT

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Also ask NT boss under which byelaw does the claim for £25 come from as you can find nothing thatsays you have any obligation to any third party in this matter and could they please send you a copy of the relevant legislation that specifically gives this party rights in law to claim from you.

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  • 1 month later...

Sorry I'm late in replying but I've had computer problems recently.

 

You'll be happy to know that I won my IPC appeal. That was after Park With(out) Ease sent me a letter with big red letters on it saying Legal Action Pending.

 

Nice try you robbing gets. :-D

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Sorry I'm late in replying but I've had computer problems recently.

 

You'll be happy to know that I won my IPC appeal. That was after Park With(out) Ease sent me a letter with big red letters on it saying Legal Action Pending.

 

Nice try you robbing gets. :-D

 

Well done!

 

It would be very helpful to see your appeal to the IAS, and their appeal upheld response letter. Both redacted of personal info.

 

The IPC the new kids on the block and we haven't seen many appeals yet.

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