BaySentry solutions (Citipark?) ANPR PCN - Rickmansworth NTK - but I paid twice!! ***BaySentry gave in at POPLA***

[dkwdk]

Hi,

 

  I searched existing post but didn't find any similar.

 

Received NTK today.

Car park is Rickmansworht Citipark .

 

I parked few times before but during workdays (mon-Fri).

 

The fed is for up to 24h and I used to pay on arrival.

 

On Saturday it's 2£ up to 2 hours, but 5£ over 4h. 

 

on the app I paid on arrival and 2£ were taken. I checked couple days later to make sure it's correct and noticed the mistake.

 

I phoned Citipark and additional 3£ were taken on phone and Customer support says all fine. and attached arrived today.

 

Any advice, please. 

 

 

1 Date of the infringement 11/02/2023

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 06/03/2023
 

3 Date received 08/03/2023
 

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

5 Is there any photographic evidence of the event? Y
 

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

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

7 Who is the parking company? Baysentry Solutions

 

8. Where exactly [carpark name and town] Rickmansworth Citipark WD3 1FX
 

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

BPA

Doc1.pdf

[Nicky Boy]

First... DON'T APPEAL! It never works and you could lose legal protection.

 

So, the app automatically "took payment" of £2 initially?

 

And you later paid Bay Sentry the additional £3 manually during a phone call?

 

Presumably you have proof of payment for both occasions?

 

The good news is that the fleecers haven't complied with the appropriate timescales to send you their invoice.

(You're supposed to receive it within 14 days).

So IF they take it any further they have a problem with that, plus other problems that I'm sure will be mentioned by the team...

 

The advice is to ignore anything else they send unless you get a "letter before claim".

 

And I know you've skimmed other threads, but go and look at them properly.

The process and reasoning is very similar to your situation

Edited March 8, 2023 by Nicky Boy

[dkwdk]

Yes, No option on the app to select the duration or amount and I now think it works on the exit time and not clear at all on the app.

 

Both payments of 2£ and 3£ on Credit card but shows as CITIPARK not BaySentry..

[Nicky Boy]

Sorry I was editing my last post. Take a look again.

 

And what you've said in your last post makes things even worse for the fleecers.

 

You've got proof of payment. They're dead in the water.

[dkwdk]

Thank you! I didn't expect the answer so quick.

 

I wasn't prepared to pay the charge. Thank you for the advice. Will read other posts.

[Nicky Boy]

All volunteers here.

 

Depends on whose around at the time.

 

I'm sure others will add their opinions later on.

[FTMDave]

I agree with Nicky Boy.

 

Ignore the coming deforestation.

 

But never ignore a Letter of Claim.

[lookinforinfo]

As Nicky Boy said they sent out the Notice to keeper in time to comply with the Protection of Freedoms Act 2012. This means that only the driver is responsible for the debt and should the driver not pay, the charge cannot be transferred to the keeper.

 

So important not to state who was driving if you have to contact them. Do not say "I parked the car"... say the "the driver parked the car" as an example of not dropping yourself in. Also the entrance does not tell you cameras or there is a charge to park inside the car park. Although even if you did out yourself when you rang to make the second payment, once they accepted your money as far as I am aware that should be the end of the matter.

 

There are some interesting Reviews of this car park at

CITIPARK+HOMESTEAD+ROAD,+RICKMANSWORTH - Google Search

WWW.GOOGLE.COM

It will be very difficult for them to win in Court should it get that far. The second payment was accepted albeit several days later. The acceptance is sufficient for them to be unable to pursue you after you had paid especially as they didn't send you a demand for around three weeks later. On top of that their PCN states that their conditions are clearly marked at the entrance when they are not.

 

I am unable to see any connection between Citipark and Baysentry  other than some directors of both companies have the same surname though both are members of BPA.

 

[brassnecked]

Yes if they did try courtt they accepted the second payment and that signifies they have been paid in full, there is no loss beyond some cooked up breach of a supposed contact that was  completed entirely by their acceptance of the payment.  They have nowhere to ground any claim.

[Gick]

Lookinforinfo

As Nicky Boy said they sent out the Notice to keeper in time to comply with the Protection of Freedoms Act 2012. This means that only the driver is responsible for the debt and should the driver not pay, the charge cannot be transferred to the keeper.

I think that you meant did NOT send the......  in time  etc

[Ethel Street]

22 hours ago, dkwdk said:

Yes, No option on the app to select the duration or amount and I now think it works on the exit time and not clear at all on the app.

 

Both payments of 2£ and 3£ on Credit card but shows as CITIPARK not BaySentry..

 

From a quick look online Citipark are the owner of the carpark and BaySentry are the the PPC [Private Parking Company], the 'parking management company' as they call themselves, who enforce the parking rules on behalf of Citipark.  Presumably BaySentry work under contract from Citipark. That's why your payment details show Citipark. You paid the standard parking fee to the car park owner.

[FTMDave]

As others have said, the fleecers are highly unlikely to try court and if they did they would get an almighty kicking from the judge.

 

Still, if you can get rid of the ticket straight away, why not?  Ethel has found out that Citipark are the organ grinders  [email protected]

 

Why not e-mail them, explain what happened, emphasise they have been paid in full and indeed accepted payment in full, and ask them to call the fleecers off.

 

Do not say "I paid" or "I parked", always say "the driver paid" or "the driver parked".

 

The idea might not get you anywhere, but nothing ventured ...

[dkwdk]

Hello all who responded on this thread.

 

I didn't post any updates in case parking company monitors this forum.

 

I've done as FTMDave suggested.

Called them but they said cannot discuss NTK on the phone and suggested to appeal online.

 

I appealed but as a keeper of the vehicle on the basis NTK being out of time.

 

Of course, they rejected as per suggestions and gave POPLA code.

Appealed on the same basis to POPLA.

 

And few days ago, received email (below).

I didn’t pay anything as per NTK so later outcome – cancelled charge.

 

Thank you all for being supportive and advice!

 

 

The operator has contacted us and told us that they have withdrawn your appeal.

 

If you have already paid your parking charge, this is the reason your appeal will have been withdrawn. Unfortunately, you cannot pay your parking charge and appeal, which means that POPLA’s involvement in your appeal has ended. You will not be able to request a refund of the amount paid in order to resubmit your appeal to us.

 

If you have not paid your parking charge, the operator has reviewed your appeal and chosen to cancel the parking charge. As the operator has withdrawn your appeal, POPLA’s involvement has now ended and you do not need to take any further action.

 

Kind regards

 

POPLA Team

[dx100uk]

so you won!!

 

and so what if they read here

how can that hurt...

 

dx

 

[FTMDave]

Well done on your victory! 

[brassnecked]

Well done

[Nicky Boy]

Congratulations on your victory ✌