New Generation Parking Management 'Fine' **Won at POPLA**

[Brand100]

Hi all, hope this is the correct area to post.

 

I have just received a parking fine notice from New Generation Parking management with regards to an alleged illegal or wrongful parking whatever they want to call it.

 

On the day in question my wife was driving. She pulled into the private car park outside some shops. She dropped our son off outside one of the shops as there were no spaces. She was on a "Hatched" area (the whole car park is hatched, except for the parking spaces so you have no choice but to drive onto it).

 

She was on it for 35 seconds (car was rolling a bit forward and backwards - she doesn't know where the handbrake is!!) whilst she waited for a car to pull out and she immediately went into that space.

 

Their photographic evidence is crap at best (four photos showing her, well stopped basically). No time stamp can be seen on the photos as it's completely blurry.

 

Fortunately we have video evidence with a nice clear time stamp and date from our dash-cam. We both suffer from bad health issues and my wife is going into hospital in a couple of weeks for a major operation and suspected Cancer biopsy, so this is stress that we don't need or can cope with.

 

I've heard these type of companies are iffy at best so need some advice really, if possible. Is waiting for 35 seconds for a space classed as parking? This is ridiculous in my opinion. Everybody has at some time had to wait a few seconds to park.

 

Any advice greatly appreciated and needed.

 

Thanks.

 

(EDIT: After having checked their "Photographic Evidence" very closely from their website I zoomed into the car and am unable to see anybody behind the wheel. My dash-cam clearly shows the car constantly moving back and forth. I am now convinced they have cropped my wife out of the photo to make it look like the car was empty). I think this goes a bit further than simply a rip off.)

Edited August 9, 2014 by Brand100

[ploddertom]

Is it titled Penalty Charge Notice or Parking Charge Notice?

[Brand100]

Is it titled Penalty Charge Notice or Parking Charge Notice?

 

Hi

 

It's entitled "Parking Charge Notice"

 

I've now had a good chance to view their photo evidence. I am confused. There are two photos showing nobody behind the wheel. Then another photo showing my wife behind the wheel supposedly driving off (she was driving into a space). The photos were taken from the same distance so she should be seen behind the wheel, but she's clearly gone!

 

I am absolutely convinced they have used software to remove her from the car to "Prove" she parked. She never got out of the car as the car (bar for about 15 seconds) was moving back and fourth. This has really made me mad.

[armadillo71]

How many days from the ' parking ' incident to you receiving the Notice To Keeper?

[Brand100]

I had it within 3 days.

 

Cheers

[armadillo71]

Ok, in time then!

What is the parking charge notice exactly for? What do they call the infringement?

Could you name the car park if possible?

You will not be paying them any money don't worry...

[renegadeimp]

You will not be paying them any money don't worry...

 

But he will be having a whole lot of fun with the PPC and causing THEM to pay out a good amount of money

[Brand100]

Hi

 

The letter states reason for the parking charge "On Hatched Area". That's it. It was a small car park in Talbot Green Rhondda Cynon Taf.

 

The whole car park is "Hatched" apart from the parking spaces. My wife pulled in at 14:16 and was given this parking charge at 14:16. She didn't park. My son got out of the car outside of the bank. Between waiting for people to pass in front of her and other vehicles she was fully parked by 14:17 (1 minute after pulling into the car park). I have all this on Dash-cam with time and date stamp.

 

Whether or not we will be forced to pay (I will see the pieces of rubbish in court first), it's really stressful. I think we shouldn't worry about this, but we do lol.

 

Thanks for your help.

[themagician]

take a seat ,enjoy the c.a.g. ride ! you aint the first & defo not the last.

stop worrying your in caggers hands now!. ENJOY.

[Brand100]

take a seat ,enjoy the c.a.g. ride ! you aint the first & defo not the last.

stop worrying your in caggers hands now!. ENJOY.

 

LOL. Ok cheers, great to know there are knowledgeable people out there who still want to and enjoy helping people. Great site.

 

Thanks all.

[armadillo71]

Barclays Bank

 

3 Ely Valley Road

Talbot Green

Pontyclun

South Glamorgan

CF72 8AL

 

Is this the car park?

Now I think there are cameras above the bank,covering the entrance, but you describe driving in.

You know the angle of the photos, do you think they are taken from the small red Peugeot? ( if you look on Google street )

 

Anyway, does the Notice To Keeper you received mention POFA 2012 and the independent appeals service POPLA?

You could post up a redacted copy in pdf format if you have the means to.

The wording of the first appeal you will make, will depend on if they are trying to use schedule 4 of the Protection Of Freedoms Act.

Sounds complicated, but there is a well trodden path to follow.

As said before, you will not be paying NGP any money...

[Brand100]

I've attached 2 documents, front and back of the letter. really not sure if I have done it right however, so please let me know if it didn't work. I tried viewing them by clicking them but they were way too small. How can I add them to here in a readable size?

 

Ely valley road is the car park. I see a camera on the Jobcentre wall, so I assume that is the one that took the photos due to the angle. Those cameras on Barclays used to be there but not sure if they are there now, but they are not where the photos were taken from.

 

Again, thanks for the help and any problem viewing the documents I can redo them.

 

Cheers

[armadillo71]

Too small I'm afraid. Can you convert to pdf?

[Brand100]

Too small I'm afraid. Can you convert to pdf?

 

Sorry about that lol. I thought it wasn't right. I wasn't sure how to edit a PDF but I think I have it now. I've attached the letter again, hopefully this time it will be readable.

 

If you can read it the first picture is my wife pulling in and my son getting straight out at 14:16 hrs, exact same time as that shot was taken. The other photos show her spinning around to park at the bottom in a bay, all of this within about 1 minute. She didn't park in the area on the photograph, she simply dropped our son off to go into the bank then spun around as shown and parked in the bay. All-in-all she was in the car park around 3 minutes.

 

Cheers.

[armadillo71]

That I can read...

 

They state it is for breach of contract, so it is an easy win at POPLA.

 

The amount they want you to pay, must be a genuine estimate of the loss that the breach caused.

 

£100 for pulling into a free car park and turning around, then parking in a space. I don't think so...

 

Also there has to be a grace period.

 

The driver has to be able to read any terms and conditions of parking before deciding whether to accept them.

 

Now it is up to you if we throw everything at the first appeal to NGPM, and give them the chance to cancel at no cost to them... or play a little dumb, and get it taken to POPLA, where it will cost them at least £27 and you will win anyway.

 

The choice is yours.

[Brand100]

That I can read...

 

They state it is for breach of contract, so it is an easy win at POPLA.

 

The amount they want you to pay, must be a genuine estimate of the loss that the breach caused.

 

£100 for pulling into a free car park and turning around, then parking in a space. I don't think so...

 

Also there has to be a grace period.

 

The driver has to be able to read any terms and conditions of parking before deciding whether to accept them.

 

Now it is up to you if we throw everything at the first appeal to NGPM, and give them the chance to cancel at no cost to them... or play a little dumb, and get it taken to POPLA, where it will cost them at least £27 and you will win anyway.

 

The choice is yours.

 

Well, having spoken to my wife who is greatly upset by this and at the same time quite ill we would normally say take the easiest route.

 

but......

 

Saying that, if we will win (and I feel we should as you described what happened better than me lol and that's exactly what happened, my dash-cam video will prove that) we feel that these "people" (used loosely) should be made to pay as much as possible.

 

We would be more than happy to take this the distance if needed. Sometimes we have enough of being trod on, so armed with the correct knowledge I say get em!

 

I assume POPLA would mean having to state our case in person? Not sure how it works, going in front of an official seems daunting lol. Still we will do whatever is needed. My wife want's to get a story printed in our local newspapers too, so that may go some-way to stopping other poor souls getting ripped off.

 

Let the games begin.......

[renegadeimp]

Popla is all done by letter.

[armadillo71]

7

Well, having spoken to my wife who is greatly upset by this and at the same time quite ill we would normally say take the easiest route.

 

but......

 

Saying that, if we will win (and I feel we should as you described what happened better than me lol and that's exactly what happened, my dash-cam video will prove that) we feel that these "people" (used loosely) should be made to pay as much as possible.

 

We would be more than happy to take this the distance if needed. Sometimes we have enough of being trod on, so armed with the correct knowledge I say get em!

 

I assume POPLA would mean having to state our case in person? Not sure how it works, going in front of an official seems daunting lol. Still we will do whatever is needed. My wife want's to get a story printed in our local newspapers too, so that may go some-way to stopping other poor souls getting ripped off.

 

Let the games begin.......

 

Please reassure your wife that she not only has the moral high ground, but the legal one as well.

 

It should work like this;

 

Written appeal to NGP.

 

Rejected. With rejection letter should be a code number for POPLA.

 

Appeal to POPLA via their website.

 

One to two months later , email from POPLA stating appeal allowed. Charge cancelled.

Binding on the PPC but not you.

[Brand100]

Popla is all done by letter.

 

Oh, that's great - bit of a relief, thanks for that.

 

7

 

Please reassure your wife that she not only has the moral high ground, but the legal one as well.

 

It should work like this;

 

Written appeal to NGP.

 

Rejected. With rejection letter should be a code number for POPLA.

 

Appeal to POPLA via their website.

 

One to two months later , email from POPLA stating appeal allowed. Charge cancelled.

Binding on the PPC but not you.

 

Thanks for the reassurance. I will tell her to stop worrying and just concentrate on her health. All sounds like we can beat these clowns, so I'm not going to worry either - just concentrate on beating them!

 

As my wife was driving and the letter sent to me, whilst I don't want to, should I first make sure they contact her first as the driver? Just to make sure they can't wangle their way out of dealing with the appeal by saying I was not the driver anyway (photo shows she was driving).

 

If I need to do that so we dot our I's and cross our T's I would assume a written appeal sent recorded delivery to the company would be the first step? If so I wonder if you (or somebody else) can help with the wording of the appeal, I want to make sure I get it right so they don't get off on a silly technicality!

 

Looking at the overall picture it's far from the end of the world and really is quite a small matter, but it has caused unnecessary stress at a very bad time. It's now a matter of principle and not doing anything wrong, unbelievable how these companies are allowed to do this to people. When all this is over, there must be someone that regulates these people that I can also complain to?

 

Thanks guys for your help.

[armadillo71]

All appeals will be as registered keeper .

The driver will not be named.

I'll have more time later. ..

[honeybee13]

You're in good hands with armadillo, B100.

 

HB

[armadillo71]

@Brand100

 

For an overview of how this industry works, have a read of the Prankster;

 

http://parking-prankster.blogspot.co.uk/

 

You will be shocked at how it is allowed to go on...

 

ps. We'll sort you intial appeal tonight.

[ericsbrother]

AS you have evidence that counters theirs perhaps you could write to them infoming them that any action they take to claim monies from you will result in this evidence being used to support a claim of fraud against them and that it would be in their best interests to consider this fact as an appeal against their charge or supply all of the evidence they have for your consideration along with the POPLA code.

As the contact with you as the RK is the one prescribed you do not have to mention anything about who was driving at the time so this will undoubtedly reduce the concerns your wife may have. Make them do the work.

Telling them that your wife was driving does not change any obligation by them or you.

[Brand100]

@Brand100

 

For an overview of how this industry works, have a read of the Prankster;

 

 

 

You will be shocked at how it is allowed to go on...

 

ps. We'll sort you intial appeal tonight.

 

Great, thanks very much. I'll have a good read, it's a bad, bad world!

 

AS you have evidence that counters theirs perhaps you could write to them infoming them that any action they take to claim monies from you will result in this evidence being used to support a claim of fraud against them and that it would be in their best interests to consider this fact as an appeal against their charge or supply all of the evidence they have for your consideration along with the POPLA code.

As the contact with you as the RK is the one prescribed you do not have to mention anything about who was driving at the time so this will undoubtedly reduce the concerns your wife may have. Make them do the work.

Telling them that your wife was driving does not change any obligation by them or you.

 

Thanks for the advice, and thanks to you and others for clearing the driver matter up. I am more than happy not to mention her, now they can face me (and you guys of course!!).

[armadillo71]

Hi Brand100.

 

 

Your initial appeal to NGP should be something along the lines of;

 

 

Appeal.

 

 

As registered keeper of vehicle reg no. xxx xxx , I have received your parking charge notice no.xxx xxx.

The driver of the vehicle did not park on the cross hatched area of the car park but in a designated space.

I feel that this parking charge notice has been issued unfairly and wish you to please cancel the charge.

If you do not cancel this charge, then I expect you to issue a code for POPLA.

 

 

Hopefully that will get you access to POPLA.

 

 

If you wish your first appeal to NGP to be ' hard ',with information that may make them cancel on first appeal, then let us know.