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Ne parking ltd PCN Letter of Claim - church street car park blackpool

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Hi all could someone please advise me on this matter.

 

Today i have received a parking charge notice dated 26/09/17 stating my car was parked for longer than the period allocated and it states i was parked for 8hrs and 50 mins.

 

My wife parks the car in this car park for work and quite clearly remember that on this particular day the machine was not giving out tickets but was accepting money as their was alot of people complaining.

 

She phoned the number on the ticket machine but no answer so left a note in the car explaining the situation and no more was heard until today.

 

Now she knows for a fact she would of paid for 9 hrs parking as she was at work and the ticket says she was parked for 8hr 50 mins so in fact she wasnt even late back.

 

If i pay within 14 days i can pay 60 pounds but quite honestly i dont think i should pay them anything is it worth ringing them to explain what happened?

Edited by honeybee13
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Hello there.

 

No, don't ring them, it may not help. Please wait for the forum experts, they should be along later.

 

HB


Illegitimi non carborundum

 

 

 

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ok cheers

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Well, even if there was a parking charge (NtD) on the windscreen, they are so far out of time on this you really couldn't make it up.

 

For the NtK to be valid, under the terms of the Protection of Freedoms Act 2012, Schedule 4, it should have landed on your doormat on or before 24th November 2017! So they've missed the boat a bit on this one. Therefore keeper liability cannot exist and they are misusing your data by writing to you as keeper.

 

I'd leave them to waste their money, the letters will get increasingly desperate, begging and threatening and will be passed (at some point) to their pet debt collectors and tame "solicitors" but they've not got a leg to stand on if they try taking it any further.

 

Definitely DO NOT ring these clowns!


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The date of infringement is 26/09/17

No appeal so far

It is an NTK dated 13th feb 2018

No mention of schedule 4 protection of freedoms act 2012

 

NE parking ltd

church street car park blackpool

The thing is with my wifes working hours she would not of put less than 9 hrs on the ticket

 

There was nothing attached to the windscreen

 

there is nothing on the letter to say how long she did put on the ticket

 

there is a photo of my car on it but nothing to say how long she had paid for and nothing to say the photo was even on that day, as she uses the car park regular

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so as post 5 then...

 

just don't ignore a letter of claim

or a claimform from THE COURT


..

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No appeal then? They cant put anything on my credit file can they?

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Nope. Not unless they take you to county court and win. And they don't have any real prospect of that :lol:


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understand this, someone is trying to con you so why would you want to communicate further with them in a way that gives them more information.

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If they did issue a LBA a pungently worded reply saying not a cat in hells chance of them winning any claim might focus their tiny deluded minds.


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Today my wife has checked her phone records

 

lo and behold it was the day the machine was not giving out tickets

 

she tried to ring them because she had paid but got no answer so they can whistle

 

Against my better judgement she has rung them up and explained what happened

 

their reply was ok no problem,

she asked for something in writing but was told no just because youve told us what happened doesnt mean we wont be taking it further :evil: fuming

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Against my better judgement she has rung them up and explained what happened and their reply was ok no problem, so she asked for something in writing but was told no just because youve told us what happened doesnt mean we wont be taking it further :evil: fuming

Doh she shouldn't have done that. Try to explain to her what consequences could flow because she ignored best advice.


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does that change things now then or is the advice just sit tight still

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Unfortunately, your wife naming herself as the driver changes the game completely. As it was they had nothing. Now they've got the name of the driver they can chase your wife for the money all the way to court.

 

I'm not sure what to tell you. Your wife has dropped herself right in it and she's up to her eyeballs! :-(

 

Definitely DO NOT ring these clowns!

 

Did you not show your wife this thread, or at least discuss it with her?


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OK, so assuming that you don't want to actually part with any money. Because they now know who the driver was, we have to come at this from a different angle.

 

As your wife parks there for work, I'm assuming that you live fairly locally. So, can you pop down to the car park and take pictures of any and all signage (related to car parking or not) that is at any entrance to the car park and anywhere inside the car park.

 

What time was the car parked there? Was it dark when your wife arrived? If so, are any of the signs lit?

 

Also, just to clarify. Was there a ticket ever placed on the car, or is this an ANPR capture?

 

You're also going to need to check with the local council as to...

 

a) What planning permission there is for this site and does the planning permission for a car park state any minimum or maximum stay and/or that it is free or pay and display.

b) What planning permission do NE Parking have for their signs? This is because they need 'advertising consent' but a lot of these clowns don't bother. Meaning that a contract cannot be formed.

c) If it was ANPR. What planning permission to NE Parking have for their ANPR cameras and/or masts that the cameras are attached to?


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Right. You might be in luck here.

 

I've been trawling the planning portal for Blackpool and have come up with the following. http://idoxpa.blackpool.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=_BLCKP_DCAPR_33547

 

The site did have planning permission for use as a temporary car park. However, this was granted (in 2007) on the basis of that permission lasting until 2012. There doesn't seem to have been a subsequent application to extend that permission. There are also no records of any planning applications or permissions for signage and/or ANPR cameras (if they're used) and/or P&D machines.

 

If they don't have planning permission, then any signage or anything else may be erected illegally. As a contract cannot be formed by a criminal act, they cannot have any contract with either the driver or the keeper and would have nowhere to go with any claim.

 

You'll need to double check with the council planning department, speak to a planning officer not the tea-boy who's only other job is to answer the phone as they won't have a clue about the intricacies of planning law and advertising consent. It really is a minefield and if NE have not crossed the T's and dotted the I's then they may not have a leg to stand on.


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Just to clarify that my wife never actually gave her name and although she gave the reference number she could of been my sister for all they know, the ntk is addressed to me as I'm the registered keeper.

 

She paid for 9 hrs parking on the day it happened but the machine didn't give out a ticket

so she phoned the number on the machine but got no answer

this call is still on her phone,and placed a note in the windscreen of the car and heard no more until yesterday.

 

At the end of the day she could appeal or pay £60 and I think she only phoned them because she was fuming although I did tell her not to.

 

They don't know her name and any threats or harassment would still be addressed to me, thanks for any help you can provide.

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Well, if they don't have her name... As you were :lol:

 

Pictures of the signs etc would still be useful though (if not for you then for others) if you're passing. :thumb:


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She's parking there Saturday and I've told her to take pictures of the ticket machine and phone numbers and anything else.

Would be worthwhile finding out about the planning permission though would that be something the council would discuss with me ?

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Pictures of any sign at the entrance or within the car park, inc the ticket machine(s). Whether or not it relates to parking. If it's a sign, photograph it! :-)

 

Yes, the council will discuss planning with you, but have a good read of all the documents on their planning portal first (I posted the link earlier) as this will give you an understanding of what you need to ask and you might spot something that I've missed. I only had a cursory glance. Make sure you speak to a planning officer though. The person that answers the phones probably won't have the first clue about planning law.


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OK no problem, and for the phone call no name it's as before ? Just ignore

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Yep :thumb:


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the junior who answers the phone generally doenst understand the finer parts of this law

 

so all you really need to elicit is have they applied for permission and was it granted.

 

Dont get into discussions about the size of signs and deemed consent, that is a different bit of the Act and will be a red herring in this case

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