Jump to content


nssimpson

Portwood Court Stockport - "Abusing" Empty Car Park

style="text-align:center;"> Please note that this topic has not had any new posts for the last 217 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Also just received a letter wanting £60 for going over by 24 minutes (this is the thanks we get for high street shopping). As usual the car park was practically empty so there's no need for parking restrictions and actually it might help the retailers!

 

Bit of a side question, legally can something be "abuse" if it can be proved that the overstay was unintentional/unavoidable? Isn't it only abuse if the act was intentional?

 

Okay, so should I fill out their online appeal form using the template found on MSE or should I completely ignore? I'm not keen on the MSE template so if there's anything better please send a link (if that's allowed on here).

 

Thanks

Share this post


Link to post
Share on other sites

I've decided to use the parkingcowboys letter. Seems a bit better. Doesn't ask for time-stamped photo evidence of the car entering and leaving the car park but instead questions the validity of the charge itself and whether it's a reasonable amount. I can't see how any court would agree that £100 (or £60 for early payment) is reasonable for 24 minutes parking in an empty retail car park when shops are closing.

Share this post


Link to post
Share on other sites

From who?

You only respond to a letter of claim from their fake/tame paperonly solicitor by mail not email.....


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

star your own thread so we know what has happened so far. If you havet contacted CEL yet DONT.

we can advise what to do and when but please dont drop yourself in it by doing unneccessary things.

let us know all about the wheres and whens as well. CEL are rubbish at getting things right so it is almost impossible for them to actually be owed anything whatever the reason they give

Share this post


Link to post
Share on other sites

Hi All

 

28/11/18

I received a letter from CEL.

They claim that at I parked on Portwood Court car park in Stockport between 18:22 and 19:48 on the 26/11/18.

I can't confirm or deny at this stage whether their time frame is correct.

(If anyone knows this car park you'll know that there's maybe 60 spaces and never any more than a dozen cars on there even at peak times. At that time there would have been maybe 3-4 cars in there. This is because it's not the main retail car park so requires people to walk a few extra yards.)

This car park states 1 hour free parking.

It says that to "deter abuse" a £100 fine will be applied to anyone that stays beyond the free period.

 

I know that due to Cyber Monday I queued at Argos and was then made to wait in PCWorld for a "business" team member to process an order. I don't think I was over an hour in just 2 shops but it was very busy.

 

28/11/18

I received a Parking Charge Notice through the post demanding I pay £100 (or £60 within 2 weeks).

 

03/12/18

I used the parkingcowboys letter to challenge their costs via their online appeals process. Here's a copy of what I put (I've redacted any sensitive bits):

 

07/12/18

I received a letter through the post from CEL confirming that my appeal was unsuccessful (no surprise).

They said that due to Data Protection they could not provide any details of their clients or the contracts they have in place.

None of my questions were answered although I thought they had a legal obligation to.

They say I now have another 14 days to pay £60. If I challenge with POPLA and lose I'll lose the discount.

 

What should I do next?

Also, from a legal perspective, can something be "abuse" if it can be proved that the action was unintentional? Surely abuse is when you consciously choose to do something against the rules.

 

Thanks

 

Nick

Appeal Text.pdf

Edited by dx100uk
format

Share this post


Link to post
Share on other sites

Thanks ericsbrother, I thought keeping these things together in one thread was a good idea but I have done so.

 

Unfortunately I can't supply the link because I haven't posted enough yet. I'm sure you can find the post though.

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

This car park states 1 hour free parking.

It says that to "deter abuse" a £100 fine will be applied to anyone that stays beyond the free period.

 

can you show us the sign where they use the word FINE please as you stated above?


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

get the link done too please


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

charging to deter abuse is not permitted, you are either being invited to consuder a contract or it is a penalty charge and if the latter it is unlawful.

 

Signage not complaint with POFA and CEL's letters fail miserably in that as well but they dotn care.

What this does mean howver is that even if they sue you they woont attend court to explain themselves and thus use the court process not to recover monies actually owed but to coerce payment and thus treat the courts as they would an unlicenced debt collector, which is against Civil Procedure.

 

You might want to ask the BPA why they allow their members to erect signs and send out NTK's that are not POFA complaint and make no mention of the independent appeals process yet remain BPA members. Also write to the DVLA and ask why a cmpany that is not a mamber fo an ATA is allowed access to your personal data via the KADOE system when others like Ransomes are correctky barred from doing so.

 

Expect waffle as a response but it is all ammunition to get parliament to force the DVLA to start behaving themsleves and act live a Govt dept rather tyhan just a careless money grabbing freelancer

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

At this point I would be tempted to use the paper as toilet paper. I would also follow the advice above of ericsbrother in relation to the dvla.

Share this post


Link to post
Share on other sites

Hi All, sorry for the lack of response. I really appreciate your input.

 

I think I'll just ignore it and see what happens next. I've got a lot going on at the moment so can't waste the time playing their silly little games.

Share this post


Link to post
Share on other sites

You are right to ignore them for the moment.

However it is good to do some homework to protect yourself if CEL decide that £100 is a reasonable charge and decide to take you to Court.

If you post up your NT K to see if it is compliant and show is photographs of the notices in the the car park as well as where they are in the car park that would help to show if there was a contract being offered.

 

Also check with the local Council planning department to see if CEL have permission

To erect notices and cameras there under the Town and Country (advertisements)

Regulations. If they haven't they are dead in the water and many do not have it.

 

Once you know that you are safe then you can relax and ignore them.

Share this post


Link to post
Share on other sites

can we have the link in post 7 completed here please

and

scan up bothsides of your NTK to one multipage PDF.

 

dx


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

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...