Hxcpm Windscreen pcn - Lease car St Georges Car Park, Fitzwilliam Street, Huddersfield, HD1 5BB

[BeepBeepityBeep]

Hi, just wondering if anyone knows if and how this was resolved?

https://www.consumeractiongroup.co.uk/forum/showthread.php?482555-Hxcpm-pcn-St-Georges-Car-Park-Fitzwilliam-Street-Huddersfield-HD1-5BB&p=5116419#post5116419

I have just got the same fine for allegedly placing the ticket face down in the car....

[ericsbrother]

The OP didnt come back and tell us and that is very common so you will have to start all over again with your own thread.

 

Tell us when you got the ticket and the reason given.

as it was slapped on the car then you are best doing nothing until they send the NTK which has to arrive between 29-56 days after the date of the event.

 

Seeing the signage to show that what they have accused you of exactly matches one of the contractual conditions will also help determine whether they are just hoping you are dumb or frightened enough just t pay up beacuse thya have printed rather than scribbled a note

[dx100uk]

it is NOT A FINE!!

 

dx

[BeepBeepityBeep]

Hi, I am looking to see if anyone has had a PCN from HX Car Park Management Ltd in Huddersfield?

 

I noticed one from last October where they had been charged for placing their ticket upside down in their windscreen but there was no resolution listed.

 

I now have the same problem.

 

Thanks

[dx100uk]

Please Complete this:

 

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

[dx100uk]

thread tidied.

[BeepBeepityBeep]

Hi thanks for responding - please see below:-

For PNC's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement - 19.03.18

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - not seen the NTK - this went to the lease company as it is a company car.

 

3 Date received - 15.04.2018.

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] - we haven't seen the NTK, it went to the car lease company.

 

5 Is there any photographic evidence of the event? Yes, photos of the car and the ticket in the windscreen, however, the photos are inconclusive in our opinion as to whether the ticket was face down or not.

 

6 Have you appealed? {y/n?] post up your appeal] No - we have replied on 16.04.2018 with a letter saying we challenged the validity of the PCN.

Have you had a response? [Y/N?] post it up - Yes, response received 27.04.2018 advising that our 'appeal' had been unsuccessful, but we never actually appealed.

 

7 Who is the parking company? HX Car Park Management Ltd.

 

8. Where exactly [carpark name and town] The car park is on wasteland off Fitzwilliam Street, Huddersfield - I think it may be called St Georg'es car park.

 

For either option, does it say which appeals body they operate under. Their response letter states IAS.

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here - Sorry, having never used this forum before I am not sure how to upload the images you require without giving away all my details....

 

copy the windscreen or ANPR section to your thread and answer the questions...

Edited May 1, 2018 by dx100uk
format

[ericsbrother]

Ok these lat are IPC members so you will never win an appeal, they proudly boast of rejecting them all to undercover reporters.

 

so detaisl of what they claim you did to breach their contract with you and pictures of the signs ther that show the condition that they say has ben broken. if there isnt a matching clause on the sign you havent done anything wrong.

 

Placing a ticket in you vehicle upside down isnt necessarily a breach of conditions as often just buying the ticket is enough for all of the little things they say are wrong to be negated if the ticket machine doent mention them when you put the money in.

 

Sigange is an invitation to treat when it comes to ticket amchines, the contarct is what you accept when you feed the meter so no mention of wrong doings at that palce and ther is no condition to break.

Edited May 1, 2018 by honeybee13
Paras

[BeepBeepityBeep]

This is a car park where you pay a man on entry, not a machine. Will try and get a look at their signage asap.

Thanks.

[ericsbrother]

so, if they are relying on the NTK to create a liability it must be sent out within a cetain period BUT as it was supposedly an upside down screen ticket then the person taking the photos of this shhould have issued a ticket to start off with (notice to driver) If they didnt then the letter you got should have picturs of the offending upside down ticket.

 

Also the terms they rely on should be on the place where you pay the man and they cant rely on selling you a licence to park and then say that terms you were unaware of apply afterwards. In short, it looks like they gave got plenty wrong. show us the latter you received and we will advise further

[BeepBeepityBeep]

Letters attached as requested.

The signage is from a previous person's post from earlier this year but I assume they haven't changed.

Parking Signage.pdf

PCN.pdf

[ericsbrother]

right, you did say you hadnt appealed but you did and this makes a difference as now the POFA is not your friend so whatever they have done wrong with the issues of the NTD/NTK is now negated and it is all down to contracts (normally would have been the major part of any argument anyway)

In future dont appeal anything until you know every dotted i and crossed t of their notices and how the POFA requires them to use key phrases and dates.

 

As you know a sign saying terms apply but dont actually state them isnt a contract but an invitation to treat and that menas you dont ahve to accept any terms not offered at the time of entry.

 

the example I like to use is you see a sign in a shop window that says 50% off most trousers so you go in to have a look.

You ask about the price of a pair you like and get told they are fiull price. You walk away.

 

Now, the shopkeeper is not obliged to sell you the trousers at half price and after enquiring you are not obliged to buy them either.

The sign was the invitation to treat, there was then your enquiry about terms and the shopleeper made an offer, which you didnt accept.

That doesnt make you a trespasser and the shokeeper cant suddenly decide that you have to pay him a consideration for his heat and light.

 

same goes here, you were offered parking, the terms were not explicit at the point of entry and nor were they given to you by the man selling you a ticket so the other terms DONT apply if you do not wish then to. the contract you entered into was that you can park in exchange for the money handed over.

 

the same applies to parking meters, the terms on the meter are thse you accept to aprk and the signs are irrelevant if they differ.

you cant be held to terms you didnt know about or accept at the time. that is why when you buy financial stuff over the phone you have to listen to the long spiel the customer services agent read out from a script.