New Generation Parking Management- PCN in apartment complex Cardiff

[dickie387]

Hello,

 

Back in October 2015 I was visiting a friend who lives in an apartment complex in Cardiff bay area.

 

Usually concierge there will let you in and inform you of where to park

 

however when I turned up no one there to instruct

so friend buzzed me through the barrier.

 

All the visitor parking spaces were full and no where around building to park as double yellows on main roads.

 

There was however an un marked part of the road within the complex which had no obvious signs, no obstruction and no yellow lines, so my friend told me it would be fine to park here until a visitor space became available

(all residents have permit spaces that come with the flat for free).

 

When I came back to the car it was stamped with a parking charge notice on the windscreen.

 

They have charged me 60 pounds rising to 100 if not paid within the certain time period.

 

I wrote a letter disputing the charge explaining that there was no concierge present, no visitor parking and no obstruction caused by my car and that the cost does not reflect any loss of business or money spent on their terms.

 

I have today received a reply from them telling me they have rejected by appeal (no surprises there).

 

I would ignore this - considering all the advice given in previous threads but in their letter they wrote this paragraph which unnerves me a little:

 

"In the supreme court on November 4th 2015 it was agreed that BPA are legal, reasonable and fully enforceable.

 

They do not fall under genuine pre estimate of loss as they are designed to deter unauthorised parking.

 

Therefore this charge is not only valid but also fully enforceable in the highest court in the UK. More information can be found at supremecourt.uk"

 

The letter then gives me two options of either settling the charge at the reduced rate or appealing to POPLA but then paying 100 if that gets rejected.

 

I know this may all be scare mongering but when I looked up a case on supremecourt for 4th Nov 15 I did see that an appeal did get rejected.

 

Sorry for the long post- just handy to give all details.

 

Any advice??

[armadillo71]

As you have appealed the NTD, and identified yourself as the driver, then the POFA is not applicable. We would not have advised appealing the NTD.

 

You now have to appeal to POPLA with the code they should have provided with the rejection letter...

This will be based on legal points not mitigation.

 

Post up a picture of the signage please for starters.

[dickie387]

Thanks for replying. Wish I hadn't bothered following advice from a different website now!

I have a picture they took of my car which only shows a small sign in the background, trying to attach it but not sure how...

 

The only thing with appealing to POPLA is if they reject it wont it mean I have to pay the bigger fine.. ?

Edited December 1, 2015 by dickie387
Added photo!

[armadillo71]

Thanks for replying. Wish I hadn't bothered following advice from a different website now!

I have a picture they took of my car which only shows a small sign in the background, trying to attach it but not sure how...

 

The only thing with appealing to POPLA is if they reject it wont it mean I have to pay the bigger fine.. ?

 

We need to see a readable picture of the signage wording to help form your appeal.

 

POPLA is not binding on the driver/keeper/RK, only the PPC. They would have to take you to court and win for you to legally owe them money.

[Bazooka Boo]

And it isn't a fine, just an invoice that you can refuse.

 

Any and all markings painted on the floor of a private car park is nothing more than graffiti.

[armadillo71]

Wish I hadn't bothered following advice from a different website now!

 

 

Which website was that then?

[dickie387]

The website was money saving expert - advice on parking charge notices. I have hopefully attached a pic of the signage zoomed in that I later took.

 

Thanks for your help once again!

[armadillo71]

The website was money saving expert - advice on parking charge notices. I have hopefully attached a pic of the signage zoomed in that I later took.

 

Thanks for your help once again!

 

I can't read that on my phone for some reason! Will look when I'm home.

 

MSE do not advise appealing a NTD unless it is a company car or maybe if it is a IPC member do they?

[Bazooka Boo]

MSE, enough said!

[armadillo71]

Having had a look at the website now, if you followed their advice then you have appealed as the keeper and not the driver?

[dickie387]

Well on the website it implied it didn't make a difference anymore since newer regulation where they are allowed to hold the keeper liable for charges even if you weren't driving. I then decided to follow the 'militant approach' using their template later as I had received a notice in the post and a note on the car.

I feel I may have made a few regretful decisions here...

[armadillo71]

Well on the website it implied it didn't make a difference anymore since newer regulation where they are allowed to hold the keeper liable for charges even if you weren't driving. I then decided to follow the 'militant approach' using their template later as I had received a notice in the post and a note on the car.

I feel I may have made a few regretful decisions here...

 

 

So you had a NTD and a NTK before you decided to appeal?

[dickie387]

So you had a NTD and a NTK before you decided to appeal?

 

Yes I got the notice on the car. Ignored that initially then in the post about 5 days later received the notice to keeper. And decided to write a letter after a few days.

[armadillo71]

Yes I got the notice on the car. Ignored that initially then in the post about 5 days later received the notice to keeper. And decided to write a letter after a few days.

 

In that case can you post up copies of the NTD and NTK please. Redacted of personal info of course.

[armadillo71]

I suspect you will say you have thrown them away....