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Waynoski

NE Parking Ltd Caunce st Blackpool

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Morning guys, Here is my situation.

 

My missus is being chased by a company called debt recovery services regarding a pcn for parking at no 8 caunce st blackpool.

 

We recevied a letter from them on 15.3.18 regarding the ticket date of 9/4/2017 nearly 1 year later,

this was the first time we had heard anything about the matter,

we have had no letters from any body else,

they are working for NE Parking LTD ..

They are asking for £160 for parking in a situation that attracted a pcn?

 

We have never parked on this spot and first called drp to ask what was going on but they was not interested and said we have missed any appeal points and want us to pay full amount.

 

we called NE asking for proof and they want us to put it in letter form before they send anything out to us.

 

After a bit of digging and speaking to one of their ground troops he got me a picture of our car parked not at no 8 caunce st, but outside caunce st car park in blackpool.

 

Now i remember parking here as i had a bit of an altercation with a bloke taking photos of car whilst i was at the machine to get a ticket,

when i challenged him he said he didn't see me and thought i had got off without paying,

We had a bit of a row and i said i would park elsewhere, i was in the spot for no less than 4 mins..

 

We then heard nothing more about the matter until this year.

i had no ticket put on windscreen and at most he could of only got a picture of back of car, and the front but from a distance, nothing close up.

 

I use this spot usually once a month to get haircut at barbers next door and never had an issue like this before, im on letter 3 now from drp and my missus head is falling off as she has read horror stories about ccj's etc..

 

We have moved house since all this started and drp reckon they got our new details from dvla and that letters were sent to previous addres, but all our old mail has been on redirect from post office and we definetly 100% have had nothing come about this from NE PARKING.

 

Surely after one year nothing can be done legally ?

 

Can any good folk on here advise ?

Edited by dx100uk
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Hi and welcome to CAG.

 

The best advice I can give is that you continue to ignore ALL letters except court papers. Never mention who was the driver.

 

NE parking are members of the IPC who tend not to follow PoFA 2012 so can only go after the driver. After this length of time, they can't go after the keeper unless they have followed a required method in establishing who was the driver and with no answer forthcoming, they could go after the keeper.

 

As you only parked at the spot for four minutes, NE didn't allow you a grace period of at least 10 minutes to park, read the terms and conditions then choose to stay or leave. In your case, you left before the time limit so they won't be able to chase for that but they don't care and will go after everyone they think they can get away with.

 

Some parking companies will file court papers in the hope that they get a pay day by scaring people into thinking they would lose at court. Not so. Any well defended case will scupper these charlatans and cost them.

 

Tell your wife that this is the tactics used by predatory companies who only think about profit and not about the people they try to rip off.

 

Can you go back and supply us with pictures of any signs at the site and around the pay station.


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Hey thanks for quick response, i will take pictures on way home this evening, ive read about informing them that the registered keeper wasnt the driver is this right way to go, or just ignore everything ?

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Ignore everything. You don't want to give them ammunition to use against you. NE Parking are a very small company and has only been around for about a year or so and after checking their accounts on the Companies House website, they don't have a lot of cash to go throwing at court cases so the chances are that this will die a death.

 

Don't worry about DR+ either. They are a parking companies gopher (gopher this, gopher that) and have absolutely no power over anyone. Read lots of threads and drag your wife in to look as well. She will see the tactics used by these muppets


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thank-you will do as you recommend.

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this is something that is used when defending a court claim or in response to a letter before action. What you have is what we call a threatogram, a letter sent out by a company paid £15 to write 3 scary letters on behalf of the parking co and these peopel ahve no interest in the matter and can do nothing themselves. For this reason no need to respond to the dca at all, if NE parking want to take matters furhter they will regardless of what you say or what evidence you have at this point. basically let them hang themseves with their own rope and tell us if you get a letter from a firm of solicitors and them we will help you compose a suitable response. Until them dont worry but keep everything you have filed away and grab those piccies in case the signs change at some point.

 

Hey thanks for quick response, i will take pictures on way home this evening, ive read about informing them that the registered keeper wasnt the driver is this right way to go, or just ignore everything ?

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Thank-you for your reply, yes i will get pics tonight, but the signs have already changed as its been 1 year since the original photos was taken.

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the the new piccies will help decide whether the parking co are telling porkies if they decide to produce pictures as evidence. so piccies of No 8 and also where you were parked at that time. A general view of both areas so it can be clearly seen that the 2 are not the same as well as detail of the signage, entrance to the land from the public highway etc.

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ericsbrother thank-you sir i will get all pics and post them tonight :-)

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Having a quick read of signs myself i can see they offer 15 mins grace.

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Well, even if NE did take action, the terms and conditions signs are flawed.

 

No company address can be seen.

No mention of the IPC on the sign

They didn't allow a grace period ( unless they send proof of time spent there)

 

As NE Parking (trading as WebbEye) generally don't do court, continuing to ignore seems the most sensible option.


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Thank-you sir, il keep the thread updated as it progresses, im quite enjoying all this now, there's a wealth of knowledge once you start looking

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Ok, I have seen this sort of signage before and NE parking have a problem with the fact that the signage states Webb eye parking management solutions at the top. This is a company that is not associated with NE parking in any way so that begs the question who are you entering a contract with? It cant be both and if one Co has a deal with the landowner that is stands to reason that the ohther co doesnt and they cany get authority by agreeinga deal with the other co, it has to be directly with the LL

 

You have mentionrd the grace period so they are stuffed there. Also, the small print wouldnt be readable from a moving vehicle so it isnt obvious that there are other conditions attached to the offer. This is covered in many clourt cases and in the Consumer rights Act regarding unfair and unenforceable contracts. Basically you acnt be tied to a term that isnt obvious and that menas in the same size writitng as the main terms.

 

lastly no mention fowhich ATA thye belong to so they cant rely on POFA to create a keeper liability and that means thya have obtained the keeper details under false pretences adnthus a breach of the DPA. This itself is worth a complaint to the ICO and the DVLA but that will ahve to be worded correctly or they will ignore and trot out an autoresponse to try and put you off.

 

However, I do have a moan about one hting, you havent given us clear enough shots of No 8 and the sigange there cannot be read. We need to see a picture showing the entire curtillage, probably from the other side of the road and then a close up of the sign.

 

None of these signs have the address of the comapny you are supposedly etering a contract with so anothr problem in claiming one exists.

 

So, ignore the bandits until they get a solicitor involved and then you will be letting them know that you are after them for a grand for their illegal access to your data but also can you tell us if yu have all of the paperwork she received as seeing that and knowing when it arrived will be the final nail in their coffin

Edited by honeybee13
Paras

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Hello, yes il get better pictures, il have to go on a sunday when towns quiet as its hard to get a pic with the amount of traffic on this rd i was stood as far back on pavement as possible.

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Apparently their sign writer can't spell ANPR either

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Ok heres some more pics of no8 along with place i did park and distance shot between the 2 places

Ok, I have seen this sort of signage before and NE parking have a problem with the fact that the signage states Webb eye parking management solutions at the top. This is a company that is not associated with NE parking in any way so that begs the question who are you entering a contract with? It cant be both and if one Co has a deal with the landowner that is stands to reason that the ohther co doesnt and they cany get authority by agreeinga deal with the other co, it has to be directly with the LL

 

You have mentionrd the grace period so they are stuffed there. Also, the small print wouldnt be readable from a moving vehicle so it isnt obvious that there are other conditions attached to the offer. This is covered in many clourt cases and in the Consumer rights Act regarding unfair and unenforceable contracts. Basically you acnt be tied to a term that isnt obvious and that menas in the same size writitng as the main terms.

 

lastly no mention fowhich ATA thye belong to so they cant rely on POFA to create a keeper liability and that means thya have obtained the keeper details under false pretences adnthus a breach of the DPA. This itself is worth a complaint to the ICO and the DVLA but that will ahve to be worded correctly or they will ignore and trot out an autoresponse to try and put you off.

 

However, I do have a moan about one hting, you havent given us clear enough shots of No 8 and the sigange there cannot be read. We need to see a picture showing the entire curtillage, probably from the other side of the road and then a close up of the sign.

 

None of these signs have the address of the comapny you are supposedly etering a contract with so anothr problem in claiming one exists.

 

So, ignore the bandits until they get a solicitor involved and then you will be letting them know that you are after them for a grand for their illegal access to your data but also can you tell us if yu have all of the paperwork she received as seeing that and knowing when it arrived will be the final nail in their coffin

2018-04-29 175239.pdf

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ive also sent the email to dvla asking for info on whos accessed the data, sent the email to council about planning permisson etc after ive read another post for same firm same place, so as soon as i have all that info il share that here too

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They dont have planning permission for the car park as i have that from the council

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They dont have planning permission for the car park as i have that from the council

 

If that is the case NE are dead in the water. Many of these parking companies do not have planning permission which means their signage is illegal; their contract is unenforceable: they are in breach of the IPC Code [for what that's worth] and hey have also breached the DVLA regulations leaving them open to a claim from you. All this without even taking into consideration the other flaws in their action. What muppets! If they had any sense [which is highly unlikely] they would drop your case right now.

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OK, for starters the land outside No8 isnt private land, see Dawood v Camden to see whay ( anyways the land strip isnt wide enough to park without being n the public highway) and the signage there is prohibitive. what I wanted from this was a view that shows the background so you can differentiate between here and the other car park and that is now done and superbly so.

 

You may not get a sensible response frok the DVLA as they send out a stock reply that doesnt answer the question so let us know what they say as you may be writing again.

 

Lastly at this site the signage is prohibitive so not a genuine offer of a contract to park and that menas the demand is an unlawful penalty, not a contractaul consideration. you cant agree to break a contarct before you have entered into it!

Edited by honeybee13
Paras

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Hey thanks a lot guys i really appreciate your help, il keep you posted on what happens :-)

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Good Morning folks, Just had this reply to my FOI request from Blackpool Council.

 

FREEDOM OF INFORMATION ACT 2000 – INFORMATION REQUEST

 

 

I am writing to confirm that we have now completed our search for the information you requested on April 28.

 

The information you requested is set out below:

 

1)Has planning permission and/or consent been applied for to erect ANPR (Automatic Number Plate Recognition) camera's and also Signage that are on this car park? Yes

2)If permission/consent was obtained, can you tell me the application number? See 17/0843 and 17/0858

3)If permission/consent has not been obtained, what will the council do to remedy the situation?

4)Who is the landowner of this car park? Please see the application form on 17/0843

5)What date(if known)were the camera's installed? They appear to have been installed in July/August 2017

6)What date(if known) were the signage erected? They appear to have been installed in July/August 2017

7) Does the car park itself have planning permission, if so has it expired or still valid/? Temporary planning permission was granted in 2009 - 07/0742 refers - valid for 3 years from 3.4.2009

8) Does the council plan to make this planning application permanent? It is not a Council-run car park so it would depend in part on the owner's intentions and in part on the need for car parking close to the town centre

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Ok, the fact that there is no PP for a car park doesnt stop anyone controlling their land by way of employing a bunch of bandits to dole out tickets, the contract you agree to is defferent to the one they have with landowner so forget about this from now on. the argument that they cant offer you a contract is rather odd becuse they can, same as I can offer to sell you tower bridge, I just cant perform my part of it so you can then sue me for your money back. you would think that this is wrong but it dates back to business contract law of the 18th century and the city makes good use of it by selling futures contracts on commodities.

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my only worry with all this is the fact that drp stated they got my new details from dvla so i presuming that if ne have sent me anything it was to my old address, can they still use my old address to issue court related stuff? as i don't want any ccjs going to my old address.

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