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Good morning, I hope you can help.

 

I have been looking through the forum and have had a brilliant time taking in advice from people who have had similar experiences to what i have had, however none have been exactly the same.

Now on the 16th of April my wife received a notice to keeper letter from park with ease, im sure youre all familiar with these notices.

 

Basically my wifes car was parked at one of their sites on the 6th of April for about an hour and a quarter.

The site in which it was parked at is one of those ANPR sites that detect your plate in and then out.

 

When the driver was leaving the site they were in a queue to pay at the machine, the lady infront of them had issues paying, as the machine declined the payment, however the payment made for my wifes car was successful and the lady re-attempted to pay for hers and it then was successful, so I can only assume there was a technical fault with the machine.

 

These machines do not issue tickets nor receipts of payment so I have no tangible evidence to confirm payment had been made.

The payment was showing as pending on the payers bank account statement (online) however according to the bank, if the payee does not accept/process the payment within 7 days it 'drops off' the statement, so i dont have that as evidence of payment either (the bank do not hold any information of past pending payments)

 

Basically the payment wasnt collected by park with ease.

Basically my wife does not have a leg to stand on as there is no evidence of payment. As far as the driver was concerned payment was made.

 

I can not think of any other way to get out of paying the extortionate fee they have presented her with for something that was not within her powers to prevent.

The letter was sent/received within the 14 days theyre allowed.

 

Im in the middle of writing a letter/email to them but am kind of stumped on what to put without them just laughing at me and telling me to cough up.

 

Any advice/help will be very much appreciated.

Edited by fkofilee
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Hi

Firstly, can you give us the information from this post

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket&p=4883055&viewfull=1#post4883055

 

Bugger!! HB beat me to it :oops:

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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please answer the following questions.

 

1 Date of the infringement

6th April 2018

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]

14th April 2018

 

3 Date received

16th April 2018

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?]

No

 

5 Is there any photographic evidence of the event?

No

 

6 Have you appealed? {y/n?] post up your appeal]

No

 

Have you had a response? [Y/N?] post it up

 

7 Who is the parking company?

Park with ease

 

8. Where exactly [carpark name and town]

Ferry Meadows, Peterborough

 

 

Thanks all.

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Does the NTK have a postcode of the area. I like to look on Google Streetview to see if I can see the car park in question.

 

The NTK is valid (according to your dates) so the basis of any appeal must not name the driver.

 

Can you post up the NTK, suitably redacted of all information that identifies you (name, address, bar codes, reference numbers)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I think I have found the car park but I cannot see any signs clearly enough to read. The one sign at the entrance looks like one of the National Trust signs, not a PWE sign.

 

As it stands, your wife will not get a fair hearing from PWE as they are members of the IPC, a totally flawed and biased system.

 

If you live nearby, can you go and take pictures of the signs at the entrance and any PWE signs around the car park and at the pay station.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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You say they have not offered any photographic evidence- that is a breach of the POFA for starters as the NTK MUST contain some evidence of the allged infringement, even if it is a blurry picture of a number plate .

 

yopu think that all is lost because your wife didnt get a receipt. That actually works to your advantage, they have to prove the breach occurred and with a barrir how do they think the car got out without making the necessary payment? Do they think you disassembled it and rebuilt it on the other side of the gate?.

 

Now, tll us more about the place and the terms of parking. Pictures of the sigange, machinery and ebntry and exit points would be good. No desparate hurry for these, just next time you go near there as you arent going to be paying them or communicating with them until you have gathered this evidence.

 

Also what does ther actual NTK say that was done wrong? that should match a term in the contract offered or it doesnt exist.

Edited by honeybee13
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