Parking Charge Notice - New Generation Parking Management

[its.Twiggy]

Hello. I have read a few threads and newbie stickies but i want to ask personal advice before making any contact with the company.

 

I received my letter on 02/06/15 regarding parking on 27/05/15. The car park in question is for the red dragon centre in cardiff. This centre has a cinema, bowling and many restaurants internally and a few standalone buildings in a secondary surrounding car park. The main building has a security barrier for it's main car park and the restaurants have a secondary car park which does not have any security access or pay and display, however when entering, MOST of them ask for your reg plate for their parking system.

 

I visited one of these restaurants and parked in the secondary car park, and was not asked for my reg plate. I have now received this letter stating that the parking notice was 'Reason - Not Registered on site'

 

I returned today to check out the signage in place and the private land parking sign specifies all restaurants except the one i visited may use the car park and register the plate on site. This means that my restaurant must use the main car park with the security barrier and ticket method (it also has a tiny car park of about 6 spaces at it's rear which was full)

 

So my questions are, am i at fault? can and how should i appeal? i dont really feel that i should be charged for parking here when i used the centre's own facilities, and it's not even pay and display.

 

any advice would be great. i'll post a picture of the car park detailing what i have talked about here

Thanks

[honeybee13]

Hello and welcome to CAG.

 

The forum guys should be along later with advice for you. They'll know what to do.

 

My best, HB

[its.Twiggy]

Thanks. here's a crude picture i have made to detail the situation. i would embed it but i need 10 posts first, so please copy the link

 

If you need anything explained better, let me know.

Thanks in advance

 

dropbox.com/s/bobd9moiddx8igm/Parking.png?dl=0

[ericsbrother]

the simplest reply would be that there is no requirement to register anything at the location your vehicle was parked and the driver was entitled to be there. They cannot prove otherwise as they dont know who that person was (and you arent obliged to help them in that matter).

[its.Twiggy]

So in the first correspondence, I don't admit I was the driver or suggest who was? There are signs saying that you must register your number plate when using the car park but the restaurant I was in was not part of this list and so I was not allowed to park there. Basically, for this restaurant I should have used the main car park

[ericsbrother]

That doesnt matter and you should not mention that. Make them do the work otherwise you will be considered a soft touch and they will hound you. Look like trouble and they cancel as it is cheaper in the long run.. You get to appeal to an independent assessor if they reject your letter to them. If it gets that far there are plenty of other arguments to use.

[its.Twiggy]

Ok thanks. Would you mind writing a quick example of what you think I should say? Want to make sure I get it right

[its.Twiggy]

should i add or change anything here?

 

Dear Sir/Madam,

 

I wish to appeal the parking charge issued to me (copy enclosed) on the following grounds;

 

The car park in question is not pay and display, and therefore there was no monetary loss for the company. The car park was also quite empty as clearly shown in the photographs taken, and so the amount being charged does not reflect the ‘loss’, if any, of the company in any way.

The car park is for use by patrons of the nearby, on-site facilities and restaurants. Your claim is that the car was not registered on site, so can you please prove that the driver of this vehicle was not using these facilities? Also you need to prove that upon entering, that the hostess did not make human error in requesting and registering the details as necessary? Please note that I am the registered keeper and not disclosing who was driving at this time.

I would like you to provide me with a valid POPLA code as I strongly disagree with the charges being made. If the driver had used the car park to then leave the site, then I would agree this would be in breach of the terms of use for this location. However, the driver used the onsite restaurant, and was not asked for any car details, and so the only error was made by the staff working at the centre and not the driver of the vehicle. The driver should not be punished for this and you should dismiss this case.

I look forward to your correspondence.

Edited June 8, 2015 by its.Twiggy

[ericsbrother]

keep it short and give as luittle info as possible. Say " the driver at the time parked in a manner that they were not bound by the conditions offered as a contract so there can be no breach of contract and therfore no charge. If you disagree then please supple a POPLA code along with the contract with the landowner that gives to the right to make claims in your own name when someone uses the land in a manner other than described by your signage."

That will make them wonder where they have gone wrong and you dont have to tell them at this stage what your plans are. Let them make fools of themselves

[its.Twiggy]

thanks. i've fattened up the letter since posting this so i'll add that here and see if you think i should keep any of it?

 

 

I wish to appeal the parking charge issued to me (copy enclosed) on the following grounds;

 

The car park in question is not pay and display, and therefore there was no monetary loss for the company. The car park was also quite empty as clearly shown in the photographs taken, and so the amount being charged does not reflect the ‘loss’ of the company in any way, especially due to the fact that ‘loss’ implies that the driver was at fault which is not the case. Furthermore, you have no record of the time that the car was in the car park, and cannot prove that the vehicle was vacant with the engine switched off. You also cannot prove that the car was simply turning around after entering the car park by mistake and these pictures were taken whilst the driver was planning the correct route.

 

A quote from Civil Enforcement LTD, which operates under the same rules and regulations as your company, reads;

“When contracted to manage private or council owned car parks, our role is simply to help manage the flow of cars using that particular site to ensure there is sufficient availability for customers, local residents and businesses to make use of it, and to deter others from abusing the system.“

 

As stated above, the car park was less than half capacity and so the vehicle here did not hinder any customers of the restaurants and facilities, and that is ignoring the fact that at this point you have no proof that the driver was abusing the facilities and breaching terms and conditions.

 

The car park is for use by patrons of the nearby, on-site facilities and restaurants. Your claim is that the car was not registered on site, so can you please prove that the driver of this vehicle was not using these facilities? Also you need to prove that upon entering, that the hostess did not make human error in requesting and registering the details as necessary? Please note that I am the registered keeper and not disclosing who was driving at this time.

 

I would like you to provide me with a valid POPLA code as I strongly disagree with the charges being made. If the driver had used the car park to then leave the site, then I would agree this would be in breach of the terms of use for this location. However, the driver used the onsite restaurant, and was not asked for any car details, and so the only error was made by the staff working at the centre and not the driver of the vehicle. The driver should not be punished for this and you should dismiss this case.

I look forward to your correspondence.

[honeybee13]

Hello there.

 

You might want to edit your name out of your first posting of this letter.

 

HB

[its.Twiggy]

thanks - i thought that hence leaving out of second but forgot to go back and change

[honeybee13]

No problem.

 

HB

[sean the sheep]

I believe there's a number of post on here regarding this car park - I know it quite well - it's the smaller car park adjacent to Pizza Hut etc. If you do a search you'll probably get some very good advice as to what others have done. New Generation Parking seem to operate quite extensively throughout Cardiff and the South Wales area and also 'operate' in the infamous Talbot Green car park. Their Cardiff office is in fact a tatty terraced house on Caerphilly Road. I'm still waiting for them to take me to Court after their empty threats 8 years ago. I know rules as to how do deal with these parasites have slightly changed eg. Popla etc. , however I'm not aware that they have ever tried taking anyone to Court so you're probably quite safe in following the advice on here , going through the correct motions and then definitely not paying.

[ericsbrother]

I wouldnt bother explaining anything to them, save that for later, when they reject your appeal and you go to the independent adjudicator. They are in it to make money and will take as little notice as they need to to any appeal to them. If they considered everyhting they know they would lose out so they dont.

As for the questions of proof, they dont have to if they are correct but that really should be the nub of your appeal, they dont have the authority to slap a ticket on your car.