Parking Eye ANPR PCN - overstay - Abbey Court Tunbridge Wells Doctors Surgery/Medical facility

[TFTheRebel]

Firstship, I have a Parking Charge Notice from PE at Abbey Court where they claim I spent 25 minutes and 44 seconds in the car park, enclosed two photos in the letter supposedly showing my car registration entering and leaving and where it is impossible to see any registration at all on the entry photo.

 

I would like to send them a snotty letter and would appreciate it if you could direct me to the one you sent them for reference.

 

If they cannot provide clear evidence of my entry and leaving times then I can't see how they can calculate how long I stayed.

 

As a newbie on this site I apologise if I am going about this the wrong way...

TFtR

[firstship]

Hi  Welcome,

you will probably be directed to start your own thread.

However somehow they read your number plate because PE went to DVLA to get your name and address.

 

The fact that their rubbish ANPR does not show clearly your number plate you have plenty of grounds to tell them to put their claim where the sun don't shine.

 

DO NOT contact PE until the site team have had a clear look at the PE letter and photo's .

Ericsbrother is the snotty letter expert.

 

Was there a parking warden as well in the car park??

If you park in a parking space you have to register your number plate on their parking machine did you do this??

 

Good Luck you should win this one, be patient the site team will contact you

FS

[shamrocker]

You really only send the letter in response to a Letter of Claim. Until then, ignore them.

 

That letter can then be used in your WS later to demonstrate that you did engage with the claimant and gave then fair warning that they have no grounds to claim against you and that their failure will just cost them. It also shows them that you will not be taken for a fool. Being nice, polite, respectful, etc equals easy target in their eyes.

[TFTheRebel]

Thank you for the advice, Shamrocker. I will hold fire for the present.

 

[dx100uk]

hi ya

 

I have created your own thread for you

please post here now

 

do NOT reply nor appeal until advised.

please complete this:

 

 

[TFTheRebel]

thank you dx100uk.

 

The answers required:

 

1 Date of the infringement: 19th December 2019

 

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

[scan up BOTHSIDES as ONE PDF- follow the upload guide] None received, only a Parking Charge Notice

 

3 Date received: Parking Charge Notice received 11th January 2020.

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] NTK not received

 

5 Is there any photographic evidence of the event? Yes on the Parking Charge Notice but the registration number is only visible on the exit photo and not the entry

 

6 Have you appealed? [Y/N?] post up your appeal] No

Have you had a response? [Y/N?] post it up No

 

7 Who is the parking company? Parking Eye

 

8. Where exactly [carpark name and town] Abbey Court (Main), Tunbridge Wells

 

For either option, does it say which appeals body they operate under. Yes, the Appeals Procedure on the back of the Parking Charge Notice names Parking Eye Ltd as the first route for appeal, followed by POPLA

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here There has been no other correspondence apart from the Parking Charge Notice

 

---------------

The attached copy of the Parking Charge Notice is redacted but the entry photo has not been redacted as no reg number was visible in the photo.

 

To answer Firstship's questions, there was no warden just the ANPR. It was dark when I drove in and I didn't see any signs or any parking machine, consequently I did not enter my reg number. (Possible showstopper?)

 

 

[dx100uk]

upload still has reg number pg 2 

removed

 

its an ANPR capture so must have been sent within 14 days, but wasn't??

but you've redacted the date of it 

 

dx

 

[TFTheRebel]

Oh dear I didn't see the reg on page 2; can I remove the image and reload it with the reg redacted and the dates?

 

Event date was 19/12/2019, issue date was 9/1/2020

[dx100uk]

Re upload

if its an anpr capture

they are out of time

[TFTheRebel]

I didn't know there was a time limit between the date of the incident and the issue of a Charge Notice until you told me. Is it 14 calendar days without any allowance for Christmas and New Year?

[dx100uk]

they are well out of date regardless.

 

 

[TFTheRebel]

Thanks for confirming that for me. So, they fail on timescale and fail to provide photo evidence of entrance to the car park; what a professional bunch...

[dx100uk]

as long as those are ANPR captures?

not CCTV nor operator ones

but looking at the history of this car park

it is ANPR system so...

 

await if/when they send a letter of claim.

 

dx

 

 

 

 

 

[ericsbrother]

if it was screen ticket they would still be in the wrong so advice about sitting on your hands still apply.

Now getting some pictures of the signage and the entrance to the land would be helpful as often the parking co fall down with that as well and you tyhen have 2 strings to your bow

[TFTheRebel]

Thanks for the advice, ericsbrother I will get some photos.

[TFTheRebel]

This morning I received a Parking Charge Notice Reminder, issued on 18th Jan 2020 with the same set of photos as the original (no clear registration in the entry photo) telling me that I can pay £40 by 23rd Jan or the full amount thereafter. I remain sitting on my hands....

[dx100uk]

[ericsbrother]

let them waste a forest chasing you.

you can bash them with several things if they do decide to try their luck

but I doubt it goes past the LBA stage as that is when you tell them why they are wrong and what may happen if they continue with their folly

[TFTheRebel]

Thanks ericsbrother. I took some photos of the site and its signs yesterday and I may take some more close to sunset. Sunset on the day of the event was at 16:55 so I will take some photos around sunset in the next few days to show if the signs are illuminated or even visible. 

[ericsbrother]

No flash and set your camera to a bright light setting rather than auto. That way the pictures will show what you actually see which will be sod all

[TFTheRebel]

I have had a letter from Debt Recovery Plus today (redacted copy attached)requesting a payment of £140 and saying they will advise their client (ParkingEye) to take Court action if I don't pay up by a date in early March. Do I still sit on my hands ?

ParkingEye Debt Recovery Plus letter, 19-02-2020.pdf

[dx100uk]

as post 13

 

dx

 

[TFTheRebel]

Still sitting...

[lookinforinfo]

Debt Recovery are the pits.

They have a paragraph on whether the recipient is liable or not,

completely ignoring the fact that in this case the keeper is not liable for the debt under POFA.

 

they then invite the person to ask if they are liable and if they don't phone to ask THEY ASSUME YOU AGREE THAT YOU ARE LIABLE. What absolute balderdash [or something similar]. 

Just because they have no idea what POFA is they cannot assume that everyone is equally ignorant. 

 

A complaint to the FCA about Debt Recovery's take on liability as well as PE for allowing it.

This might have the added advantage that PE might give up on you since you know more than they do about parking laws and of course that you could always go back and complain to the FCA about their conduct as the case proceeds.

[TFTheRebel]

Thanks for the advice.

The Financial Conduct Authority website says that you must first complain to the company and then take it to the Financial Ombudsman if you are unhappy with the reply.

 

I agree that they should not assume that my silence means I am taking responsibility but I am loathe to contact them or PE as I have been advised here to "sit on my hands";

 

any thoughts on this?

 

TFTR