TPS/BW ANPR PCN - Company Car - Brighton Road Retail Park, Redhill, RH1 6QL ***Statute Barred***

[ericsbrother]

OK,

the date you give as receiving the NTK,

was that with the co or the date they passed on the letter?

 

 

It will have been sent out too late for keeper liability anyway but the thick greedy hits dont care about the law, they want money.

 

 

The rest will depend on your employers attitude to all of this,

they dont ahve to pay and they dont ahve to name you as driver

but the parking co may try their luck if your co doesnt refute the claim with some strength.

 

 

As for stopping the money from your pay,

tell them that it is not a fine but an unlawful remand

and as such any deduction from your wages can be considered as an unlawful deduction and that gives you the right to take them to a court or Employment Tribunal to recover the monies.

 

 

Now no-one would want to start that fight so try and get your boss to look at this thread and hopefully they will see that it is not what it seems and they can bat this away.

 

 

as a company they are in a very strong position to get a full costs recovery order should TPS start a legal fight and that will be worth letting TPS know that no prisoners will be taken.

 

If the car park is near to you get some pictures of the signage as I bet that is flawed as well,

 

 

we would like to see the NTK as I bet we can pick more holes in that anyway.

Let your boss know that we will be pleased to offer our advice on this matter should they iwsh to take it on.

 

Their alternative is to name you as the driver and you can then fight it.

Once you have been named then TPS have no reason to contact your company again

 

 

We wll then fight the claim based on the signage and what they say is the event that caused you to owe them money.

 

 

they often get that wrong from the outset and there are loads of other reasons as to why their claim doesnt add up

[ericsbrother]

Gte the company to tell TPS that you were the driver then.

They should then get no further bother nad you cab take it on from a different angle.

 

 

i'm sure that I know the place you parked,

there was no parking managemtn a couple of years ago

so it will be interesting to see their contract.

 

 

Also there are different parts of the parking that are owned by different companies

and you can drive through from one to another.

 

 

That makes me wonder if you parked on land they manage at all.

 

 

I will trya nd see what google streetview tells me but it is something to consider as there must be 3 landlords ther and I would question their rights to claim that you had a contract at all.

[ericsbrother]

well, you obviously have to tell them you were driving ( actually you co has to tell them but that is by the by) or they will continue to harass the Co. However, give us a chance to have a look at the lie of the land first.

the big sign at the entrance just says customer parking only and there are no other conditions that can form a contract on that sign so it is an invitation to treat at most.

The other signs scattered about the site may well offer a contract but you dont actually have to accept them as you have taken the main sign at its word and you were a customer and that is that.

It used to be the case that you could cut through the side of the car park to Jewsons and the car dealership to the left hand side as you view it from the road but the satellite isnt clear on that point

perhaps anyone going through Redhill can let us know whether a car can still pass between this car park and the ones on the industrial estate on Reading Arch Rd.

The other thing you can do is if you were there on business all of this time is to contact Halfords and complain bitterly about being taxed to spend your money with them and ask them to get the demand cancelled.

Find out a suitable address to write to, if you email they will just forward the email to TPS who will tell them the matter has been dealt with (and tell you your appeal has failed so pay up).

in the long run the signage isnt good enough to create a contract but you will have to get some decent pictures af the sign at the entrance and also of the other signs as they are claiming an overstay so we need to see exactly what those signs say.

[ericsbrother]

It was a mistake for 2 reasons, the first one being that you have now given them a method of harassing you for free for ever and the second one is that they are obliged to write to you withion a certain time limit under the POFA or they lose the right to claim a bean. By contacting them too soon you have negated the protection of the law you would have otherwise had.

 

Always make them do the running.If the company didnt send their paperwork back in time it is not your fault so the argument would have been between the aprking co and the keeper and the parking co would have lost because again no adherence to POFA so no liability.

 

Shame your boss didnt read this post, did you invite him to as suggested?

Edited February 22, 2017 by honeybee13
Paras

[ericsbrother]

are you up to challenge this bearing in mind it wont be a quick resolution.

 

 

they are just greedy so wont listen to reason so you have to force them into giving up chasing you or them risking losing a court claim

( they will lose a properly defended claim and you have good reasosn to defend).

 

I would fight but I am not you, we advise on how to do things but cabnt decide what to do for you.

[ericsbrother]

emailed you?

 

Why on earth did you give them a free harass me pass?

 

Block their email and make sure they get it bounced back as spam.

 

If you had read a number of other peoples topics you would have seen this screaming out at you.

 

You cannot act in isolation, sharing is knowing, knowledge is power.

 

NO PHONE CALLS, NO EMAILS, PROPER LETTER ONLY. Make them spend their money.

[ericsbrother]

No, you should have read what I said after I told you off for emailing in the first place. You block their email and make sure it is bounced back . They will be writing to you if they want to continue, dont inivte them to harass you.

[ericsbrother]

well,

they cant legally add debt recovery charges but anyone who pays up would be unlikely to be aware of this.

 

 

likewise the threat of further costs for passing it to the next desk in their portakabin.

 

They all seem to miss the point about claiming keeper liability,

the laibility is only for the amount claimed,

 

 

any other amount added is not lawful

because no contract exists between the keeper and the company

 

 

so the distance contracts regs apply and the kpeepr hasnt been offered a contract,

just a strict liability for a charge for a breach of contract, which is an entirely different thing.

 

 

I have no doubt that someone at the parking co knows the difference but they need to chisel the debtor otherwise they will have to pay for all these begging letters themselves.

 

 

No doubt some judge will make a Beavis type decision and decide that a breach of contract or even trespass is actually a contract after all.

 

Ignore this letter as before