HX ANPR PCN - Overstay - Anchor Retail Park, Marina Way, Hartlepool, TS24 0XR

[Bubba2021]

Hi there. The first notice (attached) is the only correspondence I have recieved. What should I do about this? Thank you.

 

1 Date of the infringement
16/10/2021
 

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

19/10/2021

 

3 Date received

19th October

 

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?

Yes - Entry and Exit - Second half of license plate unreadable in exit.
 

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

7 Who is the parking company?

HX Car Park Management LTD

 

8. Where exactly [carpark name and town]

Anchor Retail Park, Marina Way, Hartlepool, TS24 0XR
 

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

IAS

 

PCN - Redacted.pdf

[dx100uk]

well done on your excellent work so far in following the sticky to the letter

 

dont appeal 

 

bottom line is ignore everything until/unless you get a letter of claim

 

this appears to be the 1st time we've met this carpark 

if you are near lots of photos of the signs and their small print etc as well as their layout would be good if you can.

particularly what warning signs are there before joe public enters and can thus dcide not to park there at all.

 

 

dx

 

 

[Bubba2021]

Thank you for the reply, I will follow your advice!

I have seen one or two threads of the car park company when I was googling around, on PPP.com. (Cant put the real name lol)

I will get some pictures of signs and a google map layout of the car park tomorrow.

Thanks again.

 

On closer inspection, and armed with slightly more knowledge I believe the NTK may actually mention schedule 4.

 

There is a section that states - "After the period of 28 days beginning with the day after that on which the notice is give, if the Parking Charge specified in this notice has not been paid in full, and/or we do not know both the name and a serviceable address of the driver, we 'HX Car Park Management Ltd' (The Creditor) will have the right to recover from you (The Registered Keeper), all monies due in regards to the above Parking Charge."

Edited October 26, 2021 by Bubba2021

[Bubba2021]

I have taken the photos of the entry to the car park as well as the surrounding signage where the vehicle was parked.

 

 

Here is the pdf.

Photos of car park.pdf

[lookinforinfo]

Thanks for getting the signage posted up so quickly.

 

The sign on entry should explain their T&Cs. As they don't it means that what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance. 

 

You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are..

 

They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable

 

On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal.

 

To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act.

 

They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must 

[f]  

warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

 

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

 

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

 

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

 

Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.

 

Edited November 2, 2021 by dx100uk
spacing

[Bubba2021]

Hi there sorry about the late reply.

 

Should I take any action regarding the PCN. I also posted on a different forum for extra advice. They do not advise to ignore, they advise to appeal so that I look reasonable if it gets taken to court. What are your thoughts on this?

I also just checked the BPA Members website again, as I saw a BPA logo on HX's website. They are on the list for the BPA Member list. But not on a very similar looking list on the same website for the approved operators?
 

BPA Members

WWW.BRITISHPARKING.CO.UK

 

British Parking Association's Approved Operators

WWW.BRITISHPARKING.CO.UK

 

So they are on the top link but not the bottom. Does this mean anything significant? Thanks for all your help so far.

[honeybee13]

Hi.

 

It's up to you whose advice you take of course, but mixing and matching advice from different forums often causes more problems than it solves.

 

We don't recommend appealing because you could inadvertently tell them you were the driver and lose any protection you could have under POFA. I can't remember a thread here where our person was told off for not appealing to the PPC.

 

HB

[dx100uk]

please do not appeal it only plays any cards you have early.

 

await if/when you ever get a letter of claim come back here. until then ignore everything.

 

till then sit on your hand and get reading a good few 10's of threads in this forum.

 

the more oyu read here the stronger we become.