Euro Carparks ANPR PCN - Overstay - Aytoun Street, Manchester

[Vondoothoven]

I overstayed at the above carpark by 2 hours and received a NTK yesterday with a £100 parking charge reduced to £60 if paid within 14 days which is totally disproportionate to the length of stay.

 

1 Date of the infringement 12.1.19

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 18.1.19

 

3 Date received 21.1.19

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? Yes

 

5 Is there any photographic evidence of the event? Yes, two small pics of my license plates with entry & exit times.

 

6 Have you appealed? Not yet

 

7 Who is the parking company? Euro Car Parks

 

8. Where exactly [carpark name and town] Aytoun Street, Manchester.

 

Any help would be greatly appreciated

 

- thanks in advance.

Edited January 23, 2019 by dx100uk
format

[dx100uk]

Scan up both sides of the ntk to one multipage pdf

Read upload

[Vondoothoven]

Uploaded, Dx100uk

 

Cheers

PCN.pdf

Edited January 23, 2019 by dx100uk
pdf redacted

[JoeyJoeC]

No proof of being parked if it's just images of entering and leaving. Multiple places between bollards where someone could drive straight onto a road / from the road without passing ANPR too.

[JoeyJoeC]

Just found someone else with the same issue from back in 2017 (https://www.consumeractiongroup.co.uk/forum/showthread.php?481600-Euro-Car-Parks-ANPR-PCN-Aytoun-St-Manchester-next-step-advice-please). Assuming the signage is still the same, the only conditions it says would result in a £100 parking charge notice if failure to comply are:

 

Display a valid ticket or permit clearly inside your winsdcreen or have a valid pay by phone session

 

Park only within marked bays

 

So which of these terms has been breached?

 

If the signage has changed, please can you get clear images of all signage on site including the ticket machine.

[Vondoothoven]

JoeyJoeyC,

 

I paid for a ticket which I displayed on the windscreen but was invalid as I overstayed by 2 hours.

Edited January 23, 2019 by dx100uk
quote

[JoeyJoeC]

The NTK wording is important, it has to be clear which term you have breached, if they simply say you overstayed, that isn't a term on the signage (providing the signage images on the other thread are still the same ones).

 

Can you amend your NTK so it doesn't show any personal identifiers or reference numbers. We can't see it yet.

[ericsbrother]

as Joey says, if there isnt a term specifying that overstaying will copst you an extra hundred quid the there has been no breach of contract to allow them to lawfully charge you this extra money.

 

we recommend you get up to date pictires of the entrance to the land and also of the signage there alond with anythuing writtenm as terms on the ticket machine. The ticlet m/c is where the contract is actually agred by you putting your money in so the rest of the sigsn are meaningless if they offer different terms.

 

This is not about parking per se , it is about contracts so you ans we need to know what has been offered to see if they ahve any chance of claiming money fro breaching it ( or as an agreed contractual sum)

Edited January 23, 2019 by honeybee13
Paras, typos

[dx100uk]

i'll do the attachment later for you

 

dx

[dx100uk]

NTK sorted above post 3

[Vondoothoven]

On the NTK, the wording is 'the P&D/permit purchased did not cover the date and time of parking'.

 

Correct me if I am wrong - does that mean there is a loophole as it does not state the above on the ticket machine if the wording hasn't changed from the older Aytoun Street thread?

 

Unfortunately I live in the sticks and not much chance of returning for pics.

 

Thanks for amending the NTK, Dx. Cheers.

[ericsbrother]

well your ticket did cover the date and time.

 

what they dont say is you exceeded that time and thus owe them some more money. This is not the same so you havent actually given them a cause for action if their own words can be relied upon and that is why a recent image of the siganeg is importamnt as i bet that there isnt a term offerd on the sigsn that state anything like the wording they have used on their NTK

Edited January 25, 2019 by honeybee13
Paras

[Vondoothoven]

I drove back to Manchester and took pics of the car park. Hmmm, quick question - how do I upload photos on here as I can't see an attachment icon.

[honeybee13]

Click on the word upload in your post or mine, there are instructions.

 

HB

[JoeyJoeC]

Where is the NTK? I can only see a letter from DRP? Looks like the wrong upload?

[Vondoothoven]

Sorry folks! Thought I was going mad there. I was using my laptop and for some reason, the CAG site was in a different format.

 

Here are the pics from the carpark

 

Next two

Edited January 28, 2019 by dx100uk
merge

[honeybee13]

Hi.

 

It would be easier for the advisers, especially those on mobile phones, if you upload a single pdf file please. Our upload guide will help you.

 

HB

[Vondoothoven]

Here is the NTK

[dx100uk]

ONE multipage PDF only please so we can rotate and zoom

read upload

[honeybee13]

I said that, dx.

 

HB

[JoeyJoeC]

So the conditions of parking are:

 

Display a valid ticket or season ticket clearly inside your windscreen or have a valid pay by phone session.

Park only within marked bays

 

The NTK needs to make it clear which condition you've broken. "the P&D/permit purchased did not cover the date and time of parking".

 

Firstly, the condition on the sign only says you have to display a valid ticket, which I assume you did when you parked? The NTK says it did not cover the date and time, but again, at the time of parking, you displayed a valid ticket.

 

No condition says you must display a valid ticket for the duration of the stay.

 

 

(Not an adviser, just stating my observations.)

[JoeyJoeC]

They also seem to only have planning permission for the advertisement billboards and nothing else. I've had a run in with ECP before so have sent Manchester's planning enforcement an email complaining about their lack of a planning application. Hopefully will cost ECP some money and time.

[dx100uk]

I said that, dx.

 

HB

hey so you did

that's weird it didn't show either.

just refreshed the device and bingo your post is there.

 

dx

[honeybee13]

That's weird, a delay of over two hours?

 

HB

[dx100uk]

yea funny, gotta admit though there was a fire update Thursday I think and things have been weird since then with it.

the otherday it thought it was my echo dot and told me a timer had finished...urm...