PARK WITH EASE ANPR PCN - Nene Park Ferry Meadows - NTK outside 14 days

[Hottotty]

I have just had my independent appeal dismissed by the IAS over a £50 parking charge charged to me by Park With Ease.

 

I visited Nene Park Ferry Meadows on 10th February 2018, and on attempting to pay for my parking, the machine did not recognise my number plate .

It came up with a random fee of £6, and as I had parked for just under an hour , knew this was incorrect.

 

I tried the machine beside it , only to get the same result.

There was no screen displayed, which gave me the option to choose how long I had been there, I didn’t want to overpay for my stay so left

 

the parking recognition system was faulty,

hadn’t got my details, hence nothing to pay.

Bearing in mind over the past year I had visited and paid correctly some 19 other times and this one , time I had a problem .

 

Then 6 weeks later on 24th March, I received a letter ( dated 22nd March) for a £50 charge for non payment.

 

I emailed PWE, who dismissed my explanation , demanding payment or to appeal to the IAS, which I have unsuccessfully just done.

The park say there is nothing they can do because i went through IAS ( but that’s what they tell you to do)!

And whilst I was appealing PWE were still sending letters to me, threatening legal action.

 

Do I have any rights, to prevent paying this awful company.

I have until Monday 4th June , to decide where to go with it??

Edited June 2, 2018 by dx100uk
removed the word fine

[dx100uk]

retitled and moved to private parking

 

nowhere do they use the word FINE, so why have you used that, now removed and changed to charge.

 

its a speculative invoice for an unenforceable e entry into an imaginary contract

 

there is no such time limit and you totally ignore that.

 

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

fill out the above link

and that should sort you out

 

dx

[ericsbrother]

well, the worst thing you could have done under the circumstances described was appeal. however, the rejection of your appeal makes no difference to the parking co because they dont have any justification for going after you when their machinery is at fault. basically the problem is theirs and they know this but would rather have £100 gained improperly than a quid that may have been owed at the time.

 

They will now harass you because they think that you are now easy pickings so ignore any letter you get that isnt an actual letter before action or letter before claim. If you get one of those come back here and we will help yu respond to that. there are plenty of examples where a parking co has tried this on and got their backsides kicked by the courts so hopefully they will back down. Look up PWE and Brockholes if you want to see some of their failures around this theme

[silverfox1961]

Hi and welcome to CAG

 

 

What confuses me about this is, the machine wouldn't recognise your reg number yet PWE manage to find you by the image taken on entry??

 

 

Have you admitted to being the driver or have you stated anywhere in the appeals " I " parked because if so, you have identified yourself as the driver and that is all PWE need because they don't follow PoFA in order to sue. (IF they chose to)

[Hottotty]

As I inputted my reg, the writing went red and said my numberplate hadn't been recognised.

I tried another machine and the same happened.

 

I left the park believing that my car details hadn't been taken on this occasion and I refused to over pay a random sum.

When PWE supplied evidence at my independent appeal, they gave a list of cars entering and leaving plus the payments made within the timeframe I was there.

 

Payments were being made every 2-3 minutes on machines, but at the time I was attempting to pay there was a gap of 9 minutes where no payments were made at all around the whole park.

 

I believe at that point, their APNR system malfunctioned and could not retrieve my information.

From reading other customer reviews, this problem of numberplate detection has happened before and another incident after mine in April .

I used these incidences as evidence in my appeal, but the independent adjudicator wouldn't consider these in my favour.

[dx100uk]

hi ya can you do the link in post 2 please

[Hottotty]

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

 

please answer the following questions.

 

1 Date of the infringement 10th FEB 2018

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22nd MARCH 2018

 

3 Date received 24th MARCH 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? NOT WITH LETTER BUT SUPPLIED AT INDEPENDENT APPEAL STAGE

 

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

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

 

7 Who is the parking company? PWE ( PARK WITH EASE)

 

8. Where exactly [carpark name and town] NENE PARK / FERRY MEADOWS , PETERBOROUGH, CAMBRIDGESHIRE

 

For either option, does it say which appeals body they operate under. YES . THE 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

TWO LETTERS RECEIVED WHILST IN INDEPENDENT APPEAL PROCESS;

1)LETTER DATED 06/04/18 PARKING CHARGE REMINDER

2)LETTER DATED 21/04/18 PARKING CHARGE REMINDER / UNPAID PARKING CHARGE/ LEGAL ACTION PENDING

 

24/02/18 - AUTOMATIC RESPONSE EMAIL FROM PWE ON 24/02/18 TO MY INITIAL APPEAL EMAIL TO THEM.

27/02/18 - EMAIL FROM PWE CUSTOMER SERVICES REPRESENTATIVE REJECTING MY APPEAL WITH OPTION OF PAYMENT OR IAS APPEAL DETAILS.

[dx100uk]

shot themselves in the foot

if you have the NTK within In/Out Pix

then they only had 14 days

problem over

[Hottotty]

So I should have received the NTK within 14 days of the infringement, because they had picture evidence?

What do you suggest I now do ?

The adjudicator said I needed to contact PWE within 14 days of the appeal dismissal.

[dx100uk]

ignore

they are out of time.

[Hottotty]

DX//

Do I need to do as your last link suggests?

And should I also mention the 14 day timeframe? Is there correct phrasing for it?

[renegadeimp]

You need to ignore them. They can't touch you. They're our of time and they know it. They hope you don't know this and will pay. Many people do.

 

 

You don't need to tell them about any timeframe. They're well aware of it

[silverfox1961]

The only time you need to respond is if a Letter Before Action/Claim arrives from their pet solicitors (Gladstones-BW Legal or any other) otherwise ignore. There is nothing PWE can do to you and even if they did try it on in court your one line defence is enough to sink them.

 

 

And if you need more encouragement not to engage with anyone just visit this thread and we will continue to tell you to IGNORE!!!

[ericsbrother]

being timed out is irrelevent because the OP appealed and unless they categorically denied being the driver at the time then that part of the POFA no longer applies, same witrh the bit about photographic evidece, the ppc again got it wrong but the OP's actions overrides this.

 

however, the bit about their wonky machinery still hold true so that is neough to defeat a claim.

 

What the OP should do is advised is ignore all of the pointless letters and respond ONLY to a lba if they get one.

 

in the meanwhile anyone else reading this thread should take not, NEVER appeal a ticket or NTK until you have taken advice and read up on the POFA and what it menas for parking co's actions and content of tickets and letters. this would have been an absolute walkover if they had done nothing at all as they would have 3 main poinbts to bash the ppc with.

[Hottotty]

Just wanted to say 'Thank You' to all comments and support in relation to my thread. It has given me reassurance & peace of mind of a favourable outcome!