LPS Ltd PCN - Ryde Pier, Ryde Isle Of Wight

[letsgetitsorted]

Hi All

having not had dealings with this company LPS Ltd and not finding much on the forum about them i am looking at some advise please on where to go with this one.

 

windscreen ticket issued 2.2.18 for exceeding time allowed after expiry of purchased ticket.

 

i ignored the ticket and waited for NTK which arrived 12.3.18.

 

any ideas please o which way to proceed with this one, i have attached NTK minuss personals and also pdf with Photos.

 

many thanks

Lets

signs.pdf

lps 1.pdf

[dx100uk]

please complete this:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

 

dx

[DragonFly1967]

This might be a good 'un. Ryde Pier has byelaws so is under statutory control and therefore outside the scope of the POFA.

 

http://www.legislation.gov.uk/uksi/2010/1900/article/3/made

 

Trying to find the actual byelaws, but not having much luck at the moment.

[dx100uk]

if my memory serves me right

its owned by south western railways

[DragonFly1967]

if my memory serves me right

its owned by south western railways

 

The actual pier is owned by Wightlink.

 

 

Ryde Pier was owned by Sealink which was a division of British Rail. Sealink offloaded a number of ports & terminals as conferred by The Sealink (Transfer of Ryde Pier) Harbour Revision Order 1991. As well as the physical aspects, byelaws were also transferred to Wightlink.

 

This would mean that unless repealed (unlikely) Ryde Pier would still be subject to Railway Byelaws, as per Section 5 of the above legislation.

[dx100uk]

you/ve obscure where they claim you parked.

[Raykay]

On the 'Ryde Pier Toll Charges sign', in mentions the 'Ryde Pier Byelaws'.

[dx100uk]

I take it they did park down the end of the pier?

we don't know yet

 

shows my age

that used to be british rail right to the very terminal

you either got on the underground train or walked 1.8mls I think!!

 

you used to get kids with trolleys help you for a shilling

and at sandown..

[lookinforinfo]

What's a shilling dx?

[letsgetitsorted]

1 The date of infringement? 2.2.2018

 

2 Have you yet appealed to the parking company yet? [Y/N?] no

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days]

what date is on it 7.3.2018 received on 12th

Did the NTK provide photographic evidence? no

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] yes please see letter

 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process? not appealed yet

[it is well known that parking companies will reject any appeal whatever the circumstances]

 

5 Who is the parking company? LPS

 

6. where exactly [Carpark name and town] did you park? Ryde Pier, Ryde

 

Thank you all for your responses,

Ryde Pier is owned by Wightlink,

there is also a train service that runs to the end of the pier,

the company is Island Line/south western railways

 

 

Quote

I take it they did park down the end of the pier?

we don't know yet

yes right down the far end

 

 

Quote

you/ve obscure where they claim you parked.

was parked in disabled bay - with badge displayed

 

i have just noticed that on the big sign it does state that

 

"Vehicles not adhering to the above rules are are subject to Penalty Notice as advertised in the Ryde Pier Bylaws."

"the sign by the machine says £85 excess charge"

[ericsbrother]

the signage faile to create a contract because they dotn adhere to the requirements of the POFA to create one. Their NTK doesnt create an obligation for ANYONE to pay because again it fails to meet the criteria laid down in the POFA.

 

As alrady said the land is not "relevant land" under the POFA and is covered by its own byelaws and these trump any offer of a contract (not that the signs did offer one dont forget). If t wasnt covered by railway byelaws it would be a certain bet that like just about every other port or harbour in the UK there wil be byelaws under relevant legislation and I haven seen a harbour authority byelaw that actually penalises parking by cars in their rules.

 

Also the NTK says that the bill will go up to £160 if you dont pay- NO IT WONT, that is an unlawful demand and could be considered an unfair contract clause rendering the contract void if it was valid in the first place so they have actually done themselves more harm than good with this stupid statement. However, the uninformed will probably pay up rather than question their rights so they may as well say that the bill is now £199 and make more money from the ignorant.

 

So, what to do? Ignore them for the moment and let them show their hand and if the push comes to th shove you tell them all they have done wrong and if you are minded to sue them for breach of the DPA for telling lies to get your keeper details from the DVLA

Edited March 19, 2018 by honeybee13
Paras

[letsgetitsorted]

Many thanks for the inf Eric, I will be trying to get a copy of the bylaws to see what they have to say.

the sign going onto the pier says penalty charge, and the sign by the machine say excess charge.

[DragonFly1967]

the sign going onto the pier says penalty charge, and the sign by the machine say excess charge.

 

Yep, and LPS have sent you a Parking Charge.

 

Someone needs to a) Make up their mind as to what sort of charge this is and b) get their act together and sort out the signage.

 

 

This isn't going anywhere near a court. Unless LPS have a big bag full of money that they want to throw away.

[letsgetitsorted]

This isn't going anywhere near a court. Unless LPS have a big bag full of money that they want to throw away.

will be interesting to see how long it will take them to issue papers if they do decide to go that way.

 

I emailed Wightlink asking for a copy of the bylaws, and so far not had a response, although their contact us page states " all inquiries will be answered within 24 hours"

 

will be chasing that up tomorrow

[ericsbrother]

google it, wightlink were forced to make new byelaws in 2010 so a full set should be easy to get at. the old ones date back to 1873 so they will be interesting when it comes to parking cars

[letsgetitsorted]

google it, wightlink were forced to make new byelaws in 2010

cheers for that EricsBrother.

 

I have tried to search and cant locate anything on the bylaws.....

so today after not having a response from Wightlink i phoned them,

 

after 15 minute wait the phone got answered and i enquired as to the bylaws and was told my email was forwarded to the pier and they are waiting for them to respond...this might take some time as there are "hundreds of Bylaws for the pier"

was told i will "Just have to Wait"

[DragonFly1967]

Hurry up and wait then

 

LPS won't be in a rush, you'll get a series of letters, so there's plenty of time. Once you have a copy of the byelaws you can use them to beat LPS over the head with.

 

 

Do please also post them here. I'm sure they'll come in handy to help someone else in the future

[letsgetitsorted]

Do please also post them here. I'm sure they'll come in handy to help someone else in the future

sure will ....mind i might just pop down tomorrow and park there again to get them