Jump to content


Leozack

PWE ANPR PCN - Ferry Meadows Peterborough

Recommended Posts

PWE have sent an NTK to me claiming a charge of £50 for failure to pay for parking - I'm unsure what the best option is.

 

To respond with your form :

1 Date of the infringement Tue 31st July

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Wed 15 Aug

3 Date received Unsure

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] N (that I can see)

5 Is there any photographic evidence of the event? Not provided but presumably what they went to DVLA with

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

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

7 Who is the parking company? Park with ease

8. Where exactly [carpark name and town] Ferry Meadows, Peterborough

Edited by dx100uk
format

Share this post


Link to post
Share on other sites

can you give more info please.

 

If it was ANPR capture, theyre out of time anyway. If those dates are correct of course. It also doesnt look like they supplied a compliant NTK in multiple respects. Dont tell them any of this. See what their next move is.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Yes it must be ANPR, and the dates in the letter to me sound like over 14d, but you could argue it is 15d and that counts as 14d after the date in the letter? It's a bit close to be the only thing to stand on.

 

But I've been away so much I might've actually received this a lot later anyway.

So waiting for the threatening ones is the best bet now?

 

I've had to do that before in a place where my car broke down and in the end it was better to goto the place and complain instore to get it overturned and that was painless. I can't do that here as it's 250 miles away

Share this post


Link to post
Share on other sites

Nope. You cant argue that. IT has to be 14 days. No extension. Date of infraction was 31st july. Date on the NTK was 15th. Theyre out of time. Nothing they can do bar send you silly letters. Just ignore everything they send unless you get a letter of claim. Which is very unlikely.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

Ok as they sent it a day too late you do nothing and wait for them to write again.

 

If you want to argue their case for them then they will happlily take your money butthe law is specific on this, they are too late.

 

They have 12 days to generate a letter starting with the day after the event and then 2 days to service that letter at your address

 

So, it is not a matter of arguing over a day,

they were at least 2 days too late sending it and maybe 5 depending on when it arrived and waht class of post they used.

 

Also, no photographic evidence? aniother breach of the POFA so shot themselves in the other foot as well.

Edited by dx100uk
spacong

Share this post


Link to post
Share on other sites

That's fair enough.

 

I guess like most people I get tired of the more and more lega'y sounding letters harassing you in the post over the next 6+ months.

 

Who knows, maybe they won't bother

- but scaring people makes them money so I presume they will.

 

We know their photo evidence isn't given until you appeal which makes no sense if they can't claim against you without providing it at the very start.

 

To be fair most PCCs seems to include a photo on the 1st letter but not PWE apparently!

Edited by dx100uk
format

Share this post


Link to post
Share on other sites

then they cnat rely on the POFA to create a keeper liability and also damage their chances of creating a driver liability as well y failing to have the correct information in the letter as they havent slapped a ticket on the car at the time

Share this post


Link to post
Share on other sites

Is there a cheatsheet of things they can fail on with the NTK to check against? It seems weird that they have a list of do/don't required things to claim against you and then they don't do them :o

Share this post


Link to post
Share on other sites

scan it up read upload


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

the POFA limits liability and hence the ability of the parking cos to rely on contracts offered by way of signage.

 

If they dont get the POFA bits right they can still use contract law but they will have a much harder time showing that you are liable in any capacity let alone as keeper if they dont follow the protocols.

 

That means sometime their NTK's are wrong in certain areas but not others and sometimes they are just so rubbish they arent worth the paper they are written on.

 

However, I would never rely solely on a parking co getting their paperwork wrong as a defence in court and would always have other options which again they normally fail badly on like permissions and quality of signage

Edited by dx100uk
Spacing

Share this post


Link to post
Share on other sites

Yeah I can see why people would rather pay £25 to make it go away and have peace of mind and no "records" of court summons etc.

 

What's the worst case scenario if they took you to court and you lost and had to pay for everything? I figure it could easily be a couple hundred or more?

Edited by dx100uk
Spacing

Share this post


Link to post
Share on other sites

records of court summons?

where on earth did you get that nonsense from?

next you will be telling us about bogeymen and father christmas not giving presents to naughty boys.

 

Look, if you want to pay up them do so, we are here to help people not make you feel good or bad about your decisions but our advice is constant.

 

It is very rare for a parking co to get things right and thus have a case that they can pursue without tripping themselves up are some point and yours has already screwed up so they wont win a defended claim if it ever gets that far.

 

However, they wont settle for £25, the normal charge is now £100 and ask yourself why- answer is because after the Beavis decision they think they have a licence to print money and people are mostly stupid enough to pay up and moan privately about it afterwards.

 

If no-one paid them for a month they would expend between them £1.8 million on DVLA fees and not see a penny back. Their backers would then get the jitters and most would go bust as they run on very dodgy ground to start off with.

Edited by dx100uk
Spacing

Share this post


Link to post
Share on other sites

Yeah I've not paid and would rather not pay their incompetent bullying behinds.

 

I was just wondering if anyone had any record of losing to one (I only hear about winning) n if so what the overall cost was.

 

I'm sure the people who are advised via this site and others appreciate it. In some places you can still straight up ignore all "invoices" which makes the advice simpler! But at least here clamping is illegal afaia

Edited by dx100uk
Spacing

Share this post


Link to post
Share on other sites

Yes, people lose court cases but from the ones I have seen that is mostly because they use mitigation ( I was only there for 15 minutes so £100 is unfair) or they use arguments that went out with the ark

 

such as the ones challenging the companies right to claim for more than liquidated damages as usually expressed in long winded cut and paste defences that usually begin with "it is admitted" (that the defendant is the keeper of the vehicle) or some such wording that bears no relationship to how people normally speak.

 

I prefer to always start my court scribblings with " Whereas and heretofore, by order of his late majesty king James I" to show that I know the courts directions come from the beginning of the 17th century and I dont have to undergo trial by combat.

No I dont, I use plain english so it is not misunderstood.

 

That is why latin is still used for certain phrases, it means that us plebs dont twig what the lawyers are on about.

 

One that you should look up though is LOCUS STANDI as it very much applies to a lot of parking cases.

 

Always ask for sight of the contract between landowner and parking co because the parking co may not have the authority to make claims in their own name and so have no locus standi or right to be there in court

Edited by dx100uk
Spacing

Share this post


Link to post
Share on other sites

I've seen those arguments recommended so you never know what you should/not use anymore. Got the 2nd letter today with the usual pay within 15d stuff

Share this post


Link to post
Share on other sites

3m later I've now got the Equita letter for £110 saying if you don't pay they may advise PWE to take enforcement action against you :)

Share this post


Link to post
Share on other sites

as post 5


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Yeah I'm still ignoring it - just updating the thread with their outcomes as they happen

Share this post


Link to post
Share on other sites

Got the next one today, 16d after the last. Once again it says it could result in passing back to the company. This time it references PE v Beavis 2015 UKCS 67 and also states they're acting on behalf of the company. Other than that, same old.

Share this post


Link to post
Share on other sites

Shame that case doesnt apply to your situation. :)


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

Got the last equita one (probably) : FINAL NOTICE we've been unsuccessful in resolving this matter so we intend to refer it back to the PC unless you contact within 7d. Ok :violin:

Share this post


Link to post
Share on other sites

if you dont fall for their guff they will go away and leave you alone.

Thats nice of them.

Share this post


Link to post
Share on other sites

So today I got a nice letter from their Equita company saying "notice of intention to commence proceedings in the county court for 110" with "10 days to pay" and "a copy of this letter will remain on file and may be used as evidence in any future court proceedings".  But to me it looks as vague as the other stuff, surely actual NOI's would be more legit?  Thought I'd heard the last of this but I guess not it's been nearly a year

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...