New Generation Parking Management parking notice referral to ZZPS --advice?

[miss_ing]

Hi all. On March 18, 2015, I parked in a private car park at the Cardiff Retail Park with my mum who is disabled and holds a blue badge. We parked in a disabled bay, but unfortunately, made the error of forgetting to display the blue badge. As a result, we received a parking notice by post from New Generation Parking Management. We took advice from online sources (and wish we hadn't) and have ignored the fine and not paid. We did not make an appeal either. Now we have a letter from ZZPS--a debt recovery agency looking to recover £160.

 

We understand that an error was made on our part, but feel that this fine is completely unjust and the pursuance by both these companies is relentless and causing much stress to myself and my mum.

 

is anyone able to assist with advice here? Not sure what to do next.

Thanks

[havinastella]

It's not a fine.

 

As they have passed it to a DCA, I would continue to ignore (unless you receive Court papers) (HIGHLY unlikely)

[DragonFly1967]

Completely agree.

 

The normal advice is to not ignore, but you're way beyond that stage now so that all you can do is continue to ignore everything except an N1 claim form, and as has been said, that's pretty unlikely.

[ericsbrother]

ZZPS are just another desk in the same office Ignore them and see ifNGP are wanting to continue. They dont usually as theygot a proper spanking last time they went to court.

Also note the increase in money wanted to £160. Where do they get that figure from? They invent it as they think that if you are going to fall for their threats they might as well make a big profit from your foolishness..

[bevmillie]

Hi

As the 'experts' have already said, I would continue to ignore. They helped me out with same great advice at the beginning of the year. I had received several letters from NGP and then ZZPS from Nov 2014. I did write back initially, at their advice, basically telling them they had no powers to fine me or take me to court. I never admitted to being the driver, only the RK. I received the last letter on 20th Jan 2015 from ZZPS, and have heard nothing since. Happy days.

Hope this helps

Good luck!

[RichardM]

NGPM's enforcement is very dodgy anyway and does not comply with PoFA, so they can only take action against the driver, not the registered keeper. The method of operation is a man with a hand held camera, who wanders the car park, looking for "violations" and taking a photo of the vehicle. The vehicle registration details are then used to apply to the DVLA for the RK's details and a notice to keeper/owner/hirer is sent out, usually within 14 days of the alleged offence. To comply with PoFA, and hold the RK responsible in such circumsances, a notice has to be placed on the vehicle, and the details only applied for after 28 days. So it is only the driver they can try and take action against, and you are under no obligation to name the driver.

 

Their signage is also abysmal. They claim a breach of contract in their paperwork. However, in order for a contract to be formed, the terms and conditions MUST be clearly available to the driver at the entrance to the location. Their signage is too small, too close to a major road junction and 20 yards from a busy roundabout which requires all of the drivers attention on the road. The signage is also too far to the left of the road for the driver to safely read.

 

Their terms state that parking is free as long as you park in accordance with specific conditions, but £100 per day if you choose not to park in accordance with those conditions. There is no method of paying that £100, should you choose the latter option, so no contract can be formed.

 

The land is owned by Aberdeen Asset Management, who hired and management company to manage the retail park, and it is they who hired NGPM, who have no legal standing to bring any sort of action against you.

 

I do have a contact name within Capital Retail Park with regards to parking issues. You can email [email protected], and mark it for her attention.

[alriyan]

NEW GENERATION PARKING (NGP) Don't pay!! I received a PCN from NGP after parking in a disabled bay and forgetting to display my badge. I sent them a copy of my badge and asked them to waive the charge. They refused. I said I would only pay if ordered to do so by a court. It moved on to ZZPS debt collectors and on to Wright Hassall LLP, Solicitors, with the charge now up to £190. I told Wright Hassall that I accepted that I had entered into a contract with NGP by using their car park and I also accepted that the condition of contract requiring the display of a valid Blue Badge was both necessary and proper. I told them to hurry up and take me to court where I would offer the following argument in mitigation: 'That this condition was to provide NGP with a deterrent to be used against lazy, able-bodied motorists who deprive disabled people of parking spaces. It should not be used to extort money out of disabled people or to pursue them beyond the point where they have provided proof of their Blue Badge status'. In the meantime I had contacted the CEO of Asda and my MP, Kevin Brennan. Wright Hassall acknowledged my EMail saying that 'In the light of my comments they were referring the matter back to their client,NGP, and that meanwhile the matter was placed on hold. I have not yet heard again from Wright Hassall, but have now received confirmation from Asda and my MP that the Notice has been withdrawn. Wright Hassall and NGP knew that to pursue me against my mitigating circumstances would almost certainly see their case being thrown out of court. I was confident of this which is why I never had the slightest intention of bowing to their thuggish tactics. Tell them to take a running jump!!

[ericsbrother]

Wright Hassal are one of a few solicitors that act for the parking co's as dca's and have no powers to do any more than send out scary letters. They then try and persuade the parking co to retain them for a large fee to take the matter to court where they invariably lose a contested claim and cost the parking co a small fortune. Other well known ones are Gladstones (who are the IPC and IAS in another hat) and Miah and co. I do not believe any of them hold a FCA licence for deposit taking nor are they licenced credit brokers so how they can justify adding a few quid to the claim is beyond me, perhaps if someone asked them they could explain.

[silverfox1961]

Wright Hassal are one of a few solicitors that act for the parking co's as dca's and have no powers to do any more than send out scary letters. They then try and persuade the parking co to retain them for a large fee to take the matter to court where they invariably lose a contested claim and cost the parking co a small fortune. Other well known ones are Gladstones (who are the IPC and IAS in another hat) and Miah and co. I do not believe any of them hold a FCA licence for deposit taking nor are they licenced credit brokers so how they can justify adding a few quid to the claim is beyond me, perhaps if someone asked them they could explain.

 

These companies don't need to be registered with the FCA as they are not consumer debt related. They add these spurious amounts as 'admin fees' and 'legal fees' none of which are enforceable.

While some DCAs are registered with the FCA, as they do deal with other debts, they use their name in the jpoe of persuading the innocent that they have more powers than they really have.

 

NGP very rarely do court and from the info I have, they have taken less than 30 cases to court this year with a 10% success rate. No wonder they are reluctant to go there.

[ericsbrother]

then where is the contractual relationship that allows them to add money to the debt? We both agree there isnt one, I am saying that people should complain to the FCA for unlicenced activity that falls under their regulatory body if they are asking for more than the original debt otherwise it would be straightforward misrepresentation.

[sean the sheep]

You may have a long wait for them to take you to Court - I'm still waiting for them to fullfill their promise after I received a ticket from them (famous Talbot Green car park) which I ignored - 8 years ago ! Although they have impressive looking service addresses they also operate from a rather unimpressive house at 42 Caerphilly Road, Heath , Cardiff which is why they're so active in the Cardiff & South Wales area.I was also under the impression that they have never taken anyone to court , but may be wrong as per what Silverfox1961 says. I would just ignore as well.