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MaxPowers

NE Parking Ltd - Parking Charge - Last Day before Settlement Option Expires

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Posted (edited)

Good Morning All - Firstly, the basics:

 

1 The date of infringement? 22/12/2018

 

2 Have you yet appealed to the parking company yet? Yes, I appealed on 7/1/2019. Unfortunately, not knowing any wiser, I identified myself as the person parking. Full email below:

 

Good Afternoon,

 

I recently received a Parking Charge Notice - Reference xxxx. 

 

I would like to appeal this charge on the basis that I enquired at the hotel for xxxx, hence my reasons for parking there at this time. 

 

Regards

 

has there been a response?

Yes, there has been a response. This is page 3 of the .pdf attached to this post.

 

have you received a Notice To Keeper? Yes, this was received on 29/12/2018. Page 1 of the .pdf attached to this post.

Did the NTK provide photographic evidence? Yes, my car was photographed in a near empty car park.

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) No, I don't believe so. Again, please see page 1 & 2 of the attached .pdf for more info.

 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process? In the response to me (page 3 of the pdf) they stated that if I was unhappy with the outcome of the appeal, I could appeal further with the Independent Appeals Service.

 

5 Who is the parking company? NE Parking Ltd.

 

6. where exactly [Carpark name and town] did you park? Lytham St Annes. Dalmeny Hotel Car Park.

 

OK, some background. I went to my local post office to pick up a parcel. Unfortunately, there is no parking at this post office and so I decided to park in the Dalmeny Car Park for no more than 5 minutes to pick up my parcel. It should be known that the car park was only 20% full, which can be seen on the pictures provided by the Parking Company.

I then received a Parking Charge NTK not long after. Unfortunately, none the wiser, I appealed to the Parking Company by saying that I popped into the hotel to enquire on their services. They did not buy this. I have subsequently been contacted by Debt Recovery Plus, requesting £160 for the fine plus their fees. Tomorrow is the last day in which to the settlement offer (£144) before they will pass the matter back to the Parking company who may take further action.

 

My question is; should the unlikely happen and they do proceed to court, what is my defence and is it likely to be successful? Or should I just punt for the settlement option? I can also attach pictures on the hotel of the warning signs if needed.

 

Any advice is welcome and let me know if you need more info?

Max Powers - Parking Charge & DRP Ltd.pdf

Edited by MaxPowers

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Signs would be good please - inside the car park, location, close-up so we can read all the small print and a view of the entrance from the road.

 

Do you use the hotel much - gym, restaurant? If they know you as a regular you could ask the manager to instruct NEP to cancel. Alternatively, if they are usually busy, with lots of staff, they're unlikely to remember if you went in to enquire about their gym membership or not so asking the manager to cancel as a disgruntled potential customer may work. (N.B. "manager" - never the poor minion at reception)

 

Curious they say in their refusal "the evidence gathered by the parking attendant". Was somebody there? Do the photos look like somebody was on foot or was it ANPR capture? Did you see anybody lurking about?

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Is the address 21 South Parade and the Car Park at the front of the hotel. On google I cannot see any parking signs. As Mr's O Frog stated photos of signs etc required. 

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12 minutes ago, Mrs O'Frog said:

Signs would be good please - inside the car park, location, close-up so we can read all the small print and a view of the entrance from the road.

 

Do you use the hotel much - gym, restaurant? If they know you as a regular you could ask the manager to instruct NEP to cancel. Alternatively, if they are usually busy, with lots of staff, they're unlikely to remember if you went in to enquire about their gym membership or not so asking the manager to cancel as a disgruntled potential customer may work. (N.B. "manager" - never the poor minion at reception)

 

Curious they say in their refusal "the evidence gathered by the parking attendant". Was somebody there? Do the photos look like somebody was on foot or was it ANPR capture? Did you see anybody lurking about?

 

I was a member of the gym, but cancelled my subscription 18 months ago. I did email the hotel stating that I had visited and that handing me a Parking Charge was outrageous. Unfortunately, they did not respond.

The pictures did look like they were taken on foot. I did not see anybody lingering when I entered the car park or returned to the car.

Images below:

http://s918.photobucket.com/user/Tigerburns/media/Hotel Pic - Up Close.jpg.html

http://s918.photobucket.com/user/Tigerburns/media/Hotel Pic - Sign from Approximate Parking Position.jpg.html

https://s918.photobucket.com/user/Tigerburns/media/Hotel Pic - Entrance.jpg.html

 

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Posted (edited)

last date of settlement? in other words they would like you to blindly pay them before they have to justify their demand.

this is now all about the signage so that is what we need to see. your photobucket images cannot be viewed in my browser so please upload them as a pdf along with  a scan of their original ticket and the NTK if received

Edited by ericsbrother
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Posted (edited)
10 minutes ago, parkingbill2018 said:

Is the address 21 South Parade and the Car Park at the front of the hotel. On google I cannot see any parking signs. As Mr's O Frog stated photos of signs etc required. 

 

The address is 19-33 South Promenade, Lytham St Annes. This was in the car park at the back of the hotel, on Clifton Drive South. Pics are in the post above.

Edited by MaxPowers

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This has nothing to do with how empty the carpark was-it is about contracts. You have fallen foul of their alleged contract with motorists by leaving the area   ie not using the businesses that surround the car park. You weren't to know but your appeal used the wrong reason. You are not dealing with anything like honest people when you enter most controlled car parks. they are not interested in anything other than to screw as much money out of every motorist they can regardless of the legality.

 

In your case, you appeared to have parked there for around 5 minutes [they would have recorded the exact time of when you entered and left the car park which is obviously not the same length of time that you actually parked there. Under the Code of 

Practice, motorists are allowed a minimum of ten minutes to find a parking spot, read the parking signage and decide whether they want to stay. If they leave before ten minutes there should be no charge.  So had you appealed for that reason, it would be reasonable to assume that they should have cancelled your ticket.  

That does mean that they should not have contacted the DVLA and have thus breached GDPR so I would advise you that as they have not a leg to stand on just to ignore them for now. They know they would lose in Court but as they think you don't know about the ten minute rule they will continue to send threatening letters. However should they send a letter before claim-an unlikely event in the circumstances, come back to us and we will advise you how to blow them out of the water. It is best not to appeal again since you have already admitted that you were the driver which has lost your protection under POFA.

Just accept that you owe them nothing and be happy that their greed outweighs their stupidity.

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Posted (edited)

From what I can see without photobucket interfereing with my viewing thre is a yellow sign under the NE parking sign that says "no unauthorised parking, wheel clamping in operation".

That is you get out of jail free card for 3 reasons, firstly wheel clamping is illegal so the threat fo such means that anything else they say doesnt count as the contract is void, secondly the statement that no unauthorised parking means that the sigange is prohibitive in nature so not a genuine offer of terms to park and thirdly it creates a confusion as it clearly conflicts with the wording on the blue and white sign above it regardless of the content of their newer sign.

so they are stuffed under contract and consumer law.

Lookingforinfo has posted as I was writing so those points  about the parking also destroy their claim, grace period etc.

NE will use Gladdys to try and bully you later but ow you know you have somehting to say to them ( dont use all of the points, just one of them will do) as a response to their threat of court when it comes

Edited by ericsbrother
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Thanks for the replies, all!

 

I'll play chicken and ignore this final letter. Should they come back with a letter before claim or court papers I will be back for more advice.

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22 minutes ago, ericsbrother said:

last date of settlement? in other words they would like you to blindly pay them before they have to justify their demand.

this is now all about the signage so that is what we need to see. your photobucket images cannot be viewed in my browser so please upload them as a pdf along with  a scan of their original ticket and the NTK if received

The original NTK is in my original post as a pdf. Let me know if you need any more info.

15 minutes ago, ericsbrother said:

From what I can see without photobucket interfereing with my viewing thre is a yellow sign under the NE parking sign that says "no unauthorised parking, wheel clamping in operation".

That is you get out of jail free card for 3 reasons, firstly wheel clamping is illegal so the threat fo such means that anything else they say doesnt count as the contract is void, secondly the statement that no unauthorised parking means that the sigange is prohibitive in nature so not a genuine offer of terms to park and thirdly it creates a confusion as it clearly conflicts with the wording on the blue and white sign above it regardless of the content of their newer sign.

so they are stuffed under contract and consumer law.

Lookingforinfo has posted as I was writing so those points  about the parking also destroy their claim, grace period etc.

NE will use Gladdys to try and bully you later but ow you know you have somehting to say to them ( dont use all of the points, just one of them will do) as a response to their threat of court when it comes

 

So if Gladdys do get in touch, the advice is to write back with one of the points mentioned above? Thanks for your help.

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yep, you are likely to get a coupe fo threatograms first and then the solicitor's letter so keep us informed and we will help you pen something short to rebut their claim when the time comes.

Let them waste their time and money chasing you in the meanwhile.

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