Parking Charge Notice A S Parking

[T0i1ettr011]

Hello I am after some advice please.

 

Today I parked at the Old Station Yard Car Park, Fowey, Cornwall (owned by Fowey Harbour Commissioners) arriving at 8.57am. It was explained to me by 5 members of the public (all members of the local rowing club)that the ticket machine was out of order and would not accept either money or credit card payment. I did not try the machine myself as I didn't doubt what they were saying. There is also no mobile phone reception at the carpark (or indeed most of Fowey for that matter) so I could not telephone the number as displayed on the notice board.

 

I placed a note on the inside of my car stating that at 8.57am the machine was out of order. I returned to my car at approx 10.15 and I had been issued with a PCN at 9.47am (Observed at 9.32am) (I returned whilst the parking attendant was still present and had issued tickets to approx 15 other vehicles!)

 

The PCN states that a charge of £100 is due within 28 days (or £60 if payment is received within 14 days)

 

Should I contact AS Parking to contest the notice or should I just pay up? Thanks in advance.

[renegadeimp]

If its a private car park, then you dont owe a single penny. Its a speculative invoice. Not a fine.

 

 

If you had a windscreen ticket issues, then you have to wait for them to send a NTK to you, which should come AFTER a minimum of (19 days)?.

 

Then you can have some fun with them and start costing THEM money.

[armadillo71]

Can you post up a redacted copy of the NTD please?

 

As this is harbour commission land you say, then it may be covered by byelaws, so no POFA 2012 and keeper liability.

Wait for the NTK, which has to be received by the keeper between 29-56 days of the NTD, if the POFA 2012 is being used.

 

Make no contact with AS yet.

[T0i1ettr011]

Many thanks for your replies. I've copied the back and front of the PCN as requested. Also done a google search and yes, it is a private car park run by the Fowey Harbour Commissioners (FHC). Should I contact the Harbour Commissioners to explain the situation?

 

 

[ATTACH=CONFIG]55188[/ATTACH]

[T0i1ettr011]

Sorry the first image was too small

 

postimg.org/image/x0mbzaoh9/

[renegadeimp]

Itsa a regular PPC. Use GPEOL. Notice how they say they rely on POFA. Wait for the NTK from them and go for the throat Easy win.

[armadillo71]

Many thanks for your replies. I've copied the back and front of the PCN as requested. Also done a google search and yes, it is a private car park run by the Fowey Harbour Commissioners (FHC). Should I contact the Harbour Commissioners to explain the situation?

 

 

[ATTACH=CONFIG]55188[/ATTACH]

 

Contact no one regarding this until you receive something in the post.

 

This has to be between 29-56 days of the NTD.

 

You will appeal this NTK if you get one, and it will ultimately get cancelled.

 

What you can do is try to find out from the HC if the land is covered by byelaws.

They probably will be reluctant to tell you if they are, as they may be getting a cut of the tickets that are paid...

[ericsbrother]

It is NOT "relevant land" as required for the PoFA to be the relevant legislation. I would do nothing for the moment and wait to se if they write to you and when you receive a demand, what capacity they are demanding it from you as harbours are like railways and airports, they have their own legislation so you will need to know what the byelaws for that harbour is before saying anything in response but as said, the POFA doesnt count so you and they cannot rely upon it.. One thing is certain though, AS parking cannot claim anything from you as they dont have the authority so they can get lost (Harbour Board cannot delegate their powers). The harbour board can claim from the DRIVER of the vehicle as there is no keeper liability whatsoever and can initiate criminal action if it is in their powers to do so but I would bet that the byelaws are relevant to unloading and loading of vessels and not car parking. Generally the laws they upohold are there for the upkeep of the harbiour and mention fines for unloading coal in the wrong place, etc. The harbour board have to make public the laws they are emplowered to enforce so contact the local council or library there if you want to keep things close to your chest at the moment.

Let us know what and when you receive next, I doubt if the timing of the next begging letter is compliant with PoFA in any case. They are hoping you will just be panicked into paying up because some bloke in a uniforma has slapped a bit of paper that purports to be official on your car. Works most of the time so no need to change just because it is inlawful is there?

[armadillo71]

Fowey harbour byelaws;

 

http://www.foweyharbour.co.uk/terms-conditions.html

 

93. Parking of Vehicles (1)No person shall park or leave a vehicle in any place where it is likely to obstruct or interfere with the use of the harbour premises or in any part of the harbour premises where the parking of vehicles is prohibited and notice of such prohibition has been erected by the Harbour Master. (2)Any notice erected under paragraph (1) of this byelaw shall be conspicuously posted in or in proximity to the place to which it relates. (3)If the Harbour Master so directs, the owner of a vehicle parked and left in contravention of paragraph (1) of this byelaw shall remove the same to a place where it does not contravene the byelaw, and if the owner fails to comply with the Harbour Master’s direction or cannot reasonably be found the Harbour Master may remove the vehicle.

 

The advice is still to wait for the NTK in the post, and do not contact AS by any means yet.

[Billy's mate]

The usual practice of parking companies is to send a Notice to Keeper, stating on the back something along the lines of " Any appeals must include the name and a serviceable address of the driver ". They are trying it on with this, as you have no legal obligation to name the driver. They only include this because they know that there is no keeper liability so they're relying on you to tell them who to chase.

[ericsbrother]

so, if that is the totality of the byelaws on parking they were entitled to move your car out of the way if it was causing an obstruction.

[Nobby1963]

Hi All,

 

Found this forum after a Google search so Hi !

 

I am sorry to resurrect an old thread like this but am wondering how the OP got on with this as I have just had an AS Parking ticket at the same car park.

 

Were you able to contest this or were you never contacted ?

 

Cheers

Nobby.

[Bazooka Boo]

Hi All,

 

Found this forum after a Google search so Hi !

 

I am sorry to resurrect an old thread like this but am wondering how the OP got on with this as I have just had an AS Parking ticket at the same car park.

 

Were you able to contest this or were you never contacted ?

 

Cheers

Nobby.

 

Hello, you will need to start your own thread on this as it will go missed here, are the circumstances the same?

[dx100uk]

go start a new thread

 

dx

[ericsbrother]

so did you read this thread properly?

If so then you will know not to contact them to contest it as they have no authority to do anything and by appealing they will be encouraged to continue to try and get monies from you.

Read a load of other threads to see what usually happens and for the whens and whats

 

Hi All,

 

Found this forum after a Google search so Hi !

 

I am sorry to resurrect an old thread like this but am wondering how the OP got on with this as I have just had an AS Parking ticket at the same car park.

 

Were you able to contest this or were you never contacted ?

 

Cheers

Nobby.