A S Parking Perranporth Parking Charge Notice

[SK10]

Hi

 

 

my son used my car to go to the GP in Perranporth at 7.30 pm tonight.

 

 

He hasn't used the beach car park since before the new charges were introduced

and was therefore unaware that he had to pay for parking at night.

 

 

He was in the doctors for 15 minutes and came out to find a Parking Charge Notice from AS Parking,

 

 

NOT stuck to the windscreen but actually stuffed under the wiper blade.

 

 

As usual they are asking for £100 reduced to £60 for "early" payment within 28 days.

 

Reading their small print I see that "correspondence of this nature (appeals) may be given in exceptional circumstances

and we have to allow 35 days for outcome of a valid appeal -

in which case the 28 day allowance for reduced "fine" will have gone!

 

 

Is it best to write to the car park owner or to AS Parking to register a complaint.

 

 

I wonder what would happen if we agreed to pay the "fine" but at £1 per week??

Edited November 12, 2014 by SK10

[dx100uk]

await the NTK

 

 

dx

[SK10]

Sorry, what is the NTK please ?

[dx100uk]

notice to keeper

 

 

dx

[SK10]

notice to keeper

 

 

dx

 

Ah, thank you. That should be a good one - it is my car but my husband is the registered keeper and my son was using it at the time!

[dx100uk]

go have a read around here.

 

 

 

 

dx

[SK10]

Thank you Dx.

 

 

Do you know how long they usually take to send the NTK

 

 

- is it before the 28 day reduced payment date??

 

 

I am really loth to pay this as the car park has been free to use for all during the winter months for years

but suddenly last year they decided to charge 24/7 24 hours a day.

 

 

My son doesn't normally use the car park but as he had a GP apt and the car park is opposite the surgery he parked there for 15 minutes

 

 

- the AS guy must have been waiting for someone to park without a ticket as my son's ticket was issued just a couple of minutes of him parking!

[dx100uk]

there's nothing to pay...

why do you keep saying that..?

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?420685-A-S-Parking-(Athens-Security-Services-Ltd)-Perranporth-Parking-Charge-Notice

[renegadeimp]

SInce they have put a ticket on your windscreen, they have to issue a NTK which wont be for a while.

 

 

However, they MUST issue it within a specific timeframe, or they are timed out for chasing the RK under law.

 

 

This means that if they fail to provide the NTK in the correct timeframe,

you can tell them that they are timed out and to go ask the driver...

who you wont be naming because you dont know who it was

 

If they do issue the NTK within the correct timeframe, then we can give you the correct appeal to win.

Ignore their silly comments about their own timeframes. THEY dont get to decide them.

 

In short, you do not have to pay a single penny.

So stop worrying about it.

[armadillo71]

The NTK must be received by the RK between 29-56 days from date of the NTD for keeper liability to be established.

 

 

If this happens it does not mean that any money is owed by the RK.

 

 

Update if/when you get the NTK.

[armadillo71]

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

[renegadeimp]

Good thing is that if theyre silly enough to chase you IF they comply with the correct timelines, then they must provide a POPLA code where we can give you an appeal that will be a guaranteed win for you.

 

However, lets wait and see if they ever send a NTK. The earliest this can happen is 4 weeks from now and the latest 8 weeks.

[SK10]

Good thing is that if theyre silly enough to chase you IF they comply with the correct timelines, then they must provide a POPLA code where we can give you an appeal that will be a guaranteed win for you.

 

However, lets wait and see if they ever send a NTK. The earliest this can happen is 4 weeks from now and the latest 8 weeks.

 

I did wonder - as the PCN was not stuck to the windscreen, merely pushed under the wiper blade - we could say we never received it in the first place - it could easily have blown out from under the blade!

[BazzaS]

I did wonder - as the PCN was not stuck to the windscreen, merely pushed under the wiper blade - we could say we never received it in the first place - it could easily have blown out from under the blade!

 

Don't get lured into irrelevancies that might trap you / lead you to reveal info you don't have to.

Don't identify the driver.

 

Ignore anything that asks you to discuss the original NTD or identify the driver : you don't have to do so.

Deal with the NTK (if received).

[SK10]

Hi, I have today received the NTK, no POPLA code. So what is my next step please ?

[armadillo71]

Hi, I have today received the NTK, no POPLA code. So what is my next step please ?

 

The NTK is what you appeal against.

The PPC then uphold your appeal ( unlikely ), or reject your appeal.

If they reject your appeal, then they must allow you access to the independent appeals service POPLA.

This is via a ten digit code supplied by the PPC with the rejection letter.

 

Have a read of successful POPLA wons here;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?405805-PPC-Successes-(No-Questions-please)/page5

 

The charge will get cancelled with the correctly worded appeal.

[SK10]

Thank you armadillo, could you possibly give me some guidance with the wording of my appeal please? Many thanks. Also, should I appeal on line or do I need to put pen to paper?

Edited December 20, 2014 by SK10

[renegadeimp]

Read through various threads here. The wording is pretty simple and is used on many appeals for a surefire win.

[SK10]

Thanks Renegadeimp. I have drafted the following and plan to appeal via AS Parking website appeal form (or not if you think that's not the way to do it). Does this sound OK to you?

PCN Ref:

Vehicle Registration Number:

Further to your "Notice to Registered Keeper" letter dated....................:

Firstly, please be aware that I was NOT the driver of the vehicle at the time of your issuing of the parking charge notice.

On entering the land any signage was not visible from the driver's position in the vehicle as it was pitch black at the time and there was no lighting to illuminate any such signage. Therefore no contract can have been formed between the land owner/private parking company and the driver.

In light of the fact that no contract could have been formed I am refuting your "Notice to Registered Keeper" letter.

I look forward to receiving a full response from yourselves within 7 days.

[renegadeimp]

You can appeal however you like to the PPC, 99.9% of the time they will always reject it. Thats why POPLA exists. When you get the popla code, you can nail them hard, and it costs THEM money too.

[SK10]

Thank you, will send appeal via their website and let you know what happens.

[armadillo71]

Thanks Renegadeimp. I have drafted the following and plan to appeal via AS Parking website appeal form (or not if you think that's not the way to do it). Does this sound OK to you?

PCN Ref:

Vehicle Registration Number:

Further to your "Notice to Registered Keeper" letter dated....................:

Firstly, please be aware that I was NOT the driver of the vehicle at the time of your issuing of the parking charge notice.

On entering the land any signage was not visible from the driver's position in the vehicle as it was pitch black at the time and there was no lighting to illuminate any such signage. Therefore no contract can have been formed between the land owner/private parking company and the driver.

In light of the fact that no contract could have been formed I am refuting your "Notice to Registered Keeper" letter.

I look forward to receiving a full response from yourselves within 7 days.

 

 

Add at the beginning ' As registered keeper I am not liable for this charge'

 

 

And at the end ' Please cancel this charge forthwith, or alternatively issue a valid code for the independent appeals service POPLA '.

 

 

' This appeal has been sent with proof of postage '

 

 

So obviously I recommend sending by old fashioned snail mail.

 

 

The AS website has been ' upgrading ' for a very long time now...

[SK10]

Ah, I have already sent my letter before reading your comments Armadillo71. I have received an email in reply from AS Parking, copied below, would it be worth re-sending my complaint with your recommended added comments?:

 

 

Thank you for contacting A S Parking.

 

PLEASE READ ALL THE FOLLOWING IMPORTANT INFORMATION

 

It is a requirement for the drivers/keepers name and postal address to be included in your correspondence in order for us to process you appeal. If you have failed to include this information; please amend and resubmit your appeal.

 

We endeavour to respond to all VALID appeals within 35 days. All evidence will be reviewed, which may include (but not limited to) time stamped photographic images of the vehicle.

 

As per the Parking Charge Notice, the formal appeals process is to give the motorist the opportunity to challenge the notice if he/she feels that the notice was issued incorrectly.

 

If your email complies with the above paragraph, the charge will be placed on hold pending the outcome of our investigation. We endeavour to respond to all VALID appeals within 35 days.

 

Please note, the following are NOT considered to be valid grounds for appeal and are beyond the scope of the formal appeals process:

• Explanations as to WHY the contravention occurred

• Requests for mitigating circumstances to be taken into account

• Disagreement with the terms & conditions of use

 

Correspondence of this nature may be given our consideration in exceptional circumstances. However for the avoidance of doubt, unless a VALID appeal is submitted, failure to make payment within 14 days of the 'Date of Issue' may result in the loss of the early payment discount.

 

There is no requirement to submit payment with an appeal, however if you do so and your appeal is successful a full refund will be provided.

 

We give priority to valid appeals, therefore unfortunately a timely response to invalid appeals cannot be guaranteed.

[renegadeimp]

Just make sure you do not admit to being the driver.