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HXCPM/Gladstones ANPR PCN Claimform - didnt buy ticket within 10 mins - Vulcans Lane CP, Workington, Cumbria


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Hi, new to the forum, thanks in advance.

 

The PCN came though the post, ANPR capture, no ticket.

 

Date of infringement 08/12/2018.

NTK was issued on 12/12/2019 for £60. I've been working away, so effectively ignored it.

I received a Keeper Liability Notice on 16/01/2019 but I was still away and have just returned and opened it (28/01/2019).

Schedule 4 Protections of freedoms Act is mentioned.

I have made no contact with them.

The parking company is HX Carpark Management Ltd

The car park address is Vulcans Lane Car Park, Vulcans Lane, Workington, Cumbria CA14 2BP

They operate under the Independent Appeals Service.

 

The charge is for failing to purchase a ticket within 10 minutes of arriving at the car park. I was working at the theatre near by and went to get change from the theatre shop. It took longer than 10 minutes. I'm trying to find the payment ticket. I think my employer has it. I'm chasing him now.

 

Any advice on the best course of action would be appreciated. Today 28/01/19 is the deadline for the £100 payment, according to their rules.

 

 

Thanks.

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scan up the NTK Both sides to one multipage pdf

read upload.

 

pers id ignore them

there is a minimum of 10mins grace period and no stated maximum

 

thread title updated

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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upload hidden

ref no showing

thread title updated nothing to do with 10mins grace period

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks. I’ll re upload the letters with the references removed.

 

I don’t understand why it has nothing to do with the 10 minute grace period. I thought the charge was because I'd taken longer than 10 minutes after arrival to pay for parking. It was dark and raining heavily and I didn’t read the small print. I struggled to find change within 10 minutes.

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no you stayed for 7hrs..didnt pay ….but don't worry about that for now

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the photo offer Mrs O'Frog. I’m from Chester so that would be appreciated. Regarding the charge, I did pay for my stay in full and some. The issue was I took longer than 10 minutes from arrival to paying. Am I missing something?

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no the issue is you failed to purchase a ticket for the +4hrs you parked there

the 10mins is totally immaterial.

 

have you checked they have planning permission for their signs and ANPR cameras/poles?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx100uk. Thanks for following this. I'm not sure how to check if they have planning permission.

 

To clarify my query, I paid for parking for the time required. I didn't pay as soon as I arrived as I didn't have change.

I went and got change from the theatre near by but it took more than 10 minutes.

 

I returned to the car park, entered my registration, paid the full amount, put my ticket on the dashboard, did my job and left.

 

The only thing I can see I contravened was the 10 minute grace period to pay at the beginning.

 

The ANPR saw me arrive, and the machine accepted my payment after the 10 minute grace period, but with no warning that I had broken a rule.

The charge doesn't state that I didn't pay, just that I didn't pay within the first ten minutes. I definitely paid.

parkcharge.pdf

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aha so I wasn't right or was I in the 1st place...:lol:

 

its atleast 10mins back to what I said.

they cant do anything.

 

thanks for clarifying..i wondered why they made that comment on the NTK..how stupid..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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oh yes

and sadly 99% of the population think they are fines and must be paid and obeyed..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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hey so it is...so they think the same as I did .. ANPR capture times outside of 14 days..good spot

cant see the tree for the snow sometimes..[-6 where I am now]

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'm reading it as the original PCN/Ntk was 12/12 (i.e. 4 days after the event) and it was just the notice of transfer of liability to keeper that arrived a month later? Still, I don't think the PCN/Ntk was POFA compliant anyway so they can still go whistle.

 

Edit - ah yes, our posts crossed - that's what I thought.

Edited by Mrs O'Frog
crossed posts
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It's not invalid, it just means that they cannot transfer liability from the driver to the keeper. So as long as you never have & never will tell them who was driving (and you're under no obligation to do so) they can't hold the keeper liable. It won't stop them trying, indeed their second letter claiming they have transferred liability is a crock. I'm not sure how litigious these people are but I'm sure you'll have a nice little pile of letters to come from various debt collectors etc. Just ignore them but keep them safely filed and come back if you ever receive a letter before action/claim.

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so they are claiming you didnt pay within the 10 minute grace period but that for them is not a contractual issue, they ahve to allow this period as a minimum to let you read the signs etc and go and get change.

 

The point is you did pay the prescribed fee for the period your vehicle was there. This menas that they suffered no loss and courts wont be happy to sit through an hour listening to someon explaining how it is proper they bill you £100 for paying them the correct amount as agreed at the outset just because they dont offer an alternative method of controlling access to the site ( barrier and timed ticket for example). The parking cos' always want it both ways because they make more money from their enforcement of suspect rules then they ever do from cars actually parking. In many cases it is their only source of icome so thery will do and say anything to screw money out of people.

 

Lets see the signage at the entrance and what offer was made via the blurb on the ticket machine and we can take it from there. So far HXP are in a weak position but hopefully we can find somehting that kills them off

Edited by honeybee13
Paras, typos
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