DEL ANPR PCN - BB's no longer accepted for free parking - Burnham Beeches Lord Mayor's Drive Slough Berks

[ajjm]

Hi,

A friend with disabled parking permit visited Burnham Beeches March 2021.

She parked in a disabled bay, as is her custom, displaying her blue badge.

 

She was astonished to receive the attached Parking Charge Notice to Keeper as a first communication in the post (no ticket on car so must be a camera) and ignored it as assumed it was usual pirate private parking company behaviour.

 

Now she has received a notice of impending court action (attached) stating that legal proceedings will commence without further notice if money not paid by 13/5/21.

 

Looking into this it seems that many have been caught out by recent rule changes for disabled badge holders in BB that don't seem to be clear - if they had been she would have seen them and made the necessary phone call to register her car.

 

Advice gratefully received.

 

 

BB parking notice to keeper (2).pdf BB notice of court action (2).pdf

[dx100uk]

please complete this:

 

Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group

[ajjm]

For PCN's received through the post [ANPR camera capture]

(must be received within 14 days from the Incident)

 

Please answer the following questions.

 

1 Date of the infringement

19 March 2021
 

 

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

31 March 2021

 

 

3 Date received

According to the NTK contents it was deemed to be given  on the second working day after the date on the letter  - that would be 3 April 21(if Saturday is deemed a working day) as 2 and 4 April were bank holidays (Good Friday and Easter Monday) so this might already be out of time?

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]

No
 

5 Is there any photographic evidence of the event?

No
 

6 Have you appealed? [Y/N?] post up your appeal]

No
 

Have you had a response? [Y/N?] post it up

N/A
 

7 Who is the parking company?

District Enforcement Ltd

 

8. Where exactly [carpark name and town]

Burnham Beeches Lord Mayor's Drive Slough Berks
 

For either option, does it say which appeals body they operate under.

IAS
 

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

Notice of Impending Court Action dated 29/4/21 received 4 May 2021 

 

[dx100uk]

in all truth BB's actual mean nothing on private land.

as for the NTK timing... its calendar days. so they are well in time 

 

not many threads here on DEL 

 

and that letter doesn't appear to be a compliant Letter of claim under the pre action protocol that they must abide by before issuing a court claim.

 

though i do notice there is one DEL courtclaim thread here for the same site but after help the OP never bothered to return..

[ajjm]

Re NTK timing, 14 calendar days from 19/3/21 would be 2/4/21 and they wouldn't deem the letter to have arrived before the 3/4/21 according to their own assumption of 2 working days after the date on the letter (31/3/21) as there would have been no post on Good Friday (2/4/21).

 

If the Letter is not compliant, what action should be taken?

 

Understandably the recipient is quite worried about the latest letter and speed of escalation but she has not received any photos of her car in or leaving the car park

 

I noticed a number of people on Trip Advisor have noted that they have been caught out with their disabled permits recently at this carpark. Sadly they seem to have paid....

[dx100uk]

well whichever way it goes or doesn't there is never any reason to blindly pay a speculative invoice

have you gotten photos of aLL the signs and their small print and where they are positioned?

 

cause if the T&C's are not obvious that at the bays re:the need to pay has changed.... then no dice DEL.

[lookinforinfo]

You are quite right ajjm the PCN failed to to arrive within the specified time of fourteen days. What that means is that the keeper cannot be held responsible for paying the PCN-only the driver is liable. 

[dx100uk]

so don't ever appeal!

 

dx

 

[dx100uk]

8 hours ago, ajjm said:

5 Is there any photographic evidence of the event?

No

you say on the NTK there are NO photo's not even of the reg number cropped nor any in/out times stated?

 

dx

 

[ajjm]

No photos at all.

So is she ok to ignore the letter re court action or should she write to them to say the Ntk was out of time ?

 

The only mention is of the time the car left (not photos though) and it says she is liable for parking for the period of parking immediately before that! For all they know she just drove through the carpark!

[Bazooka Boo]

Having a similar tiff with another clown outfit ajjm re BB and payment.

 

Although I'm looking forward to my little scrap because I know I'll win, is this car park ANPR then?

 

They do like to make assumptions regarding parking, there is always a minimum of ten minutes grace.

 

If the NTK is out of time then there c an be no keeper liability.

 

As for appealing, the consensus is NOT to appeal! Do as I say not as I do springs to mind......

 

I've had a quick look on google maps and the CP's I can see appear to be hardcore in laybys with one paypoint?

[dx100uk]

i suspect this is not an anpr camera controlled carpark?

hence the NTK is well BEFORE time not out of time?(29-56 days?)

(see our stickyyou filled out).

 

 

 

[ajjm]

There was no ticket on the car and no photographic evidence on the NTK so I’m not sure what sort of carpark this is and how they have the info.  Not sure what the other options are. Nonetheless we’d like to know what (if any) response to make to the notice is intended court action

[dx100uk]

with the letter that says will court, was there also a reply pack wanting financial details?
 

[ajjm]

No there wasn’t. The first letter had a form asking for disclosure of the driver’s details. The second one was just threatening court action. 

[ajjm]

Really would like some tips as to whether the court action letter requires a response at this stage! Thanks

[dx100uk]

On 04/05/2021 at 18:52, dx100uk said:

well whichever way it goes or doesn't there is never any reason to blindly pay a speculative invoice

have you gotten photos of aLL the signs and their small print and where they are positioned?

 

cause if the T&C's are not obvious that at the bays re:the need to pay has changed.... then no dice DEL.

 

[FTMDave]

Doesn't look to be a valid Letter Before Claim, so ignore it.

[ajjm]

Sorry for delay but my friend has only just had a chance to return to take pictures of the signage which I am trying to get in a format to attach here.

 

In the meantime,  it does seem that the conditions are there to say that disabled badge holders have to register their car via email or telephone - which begs the question as to how you could do this if you did not have a phone on you. 

 

It would be helpful to know what is wrong with the letter before claim and I'm also unsure on whether the ntk was out of time or not.

Thanks

 

[FTMDave]

It's not that there's anything wrong with the letter - but it's just a letter.  It's not entitled Letter of Claim as it should be if they really were about to start court action - see the following, especially paragraph 3

 

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

 

You're right, they make up absurd rules so that drivers will break them, thus they can send out their demands for money.  I doubt a judge would be very impressed however.

 

dx in post 4 answered about the invoice being out of time.

[ajjm]

Thanks,

we were a bit confused re whether the NTK was out of time as post #4 from Dx says it was in time but post #7 by lookforinfo says it is out of time.  

 

I attach the relevant photos of the machine in the carpark

 

BB photos.pdf

[dx100uk]

ANPR cameras are entry/exit only and cannot detect where someone parks...so must be a bod with a camera (probably a local that dubs people in for a backhander ) ...so the NTK must arrive 29 - 56 days from incident.

 

 

[ajjm]

So the ntk was in time - odd that my friend hasn’t been sent any photos though 

[dx100uk]

Eh?

 

DX

[ajjm]

None of the letters sent included any photographic evidence of her car being parked