Alliance ANPR PCN - overstay 11mins - appeal refused - Harlyn bay, Padstow Cornwall

[Kahunaburger]

1 Date of the infringement 29/05/2023
 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 02/06/23
 

3 Date received 07/06/2023
 

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

5 Is there any photographic evidence of the event? yes, two pictures supplied, one entry and one exit with times
 

6 Have you appealed? [Y/N?] post up your appeal] Yes, I appealed 07/06/23 and expect a response that it won't be cancelled

 

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

7 Who is the parking company? Alliance Parking

 

8. Where exactly [carpark name and town] Harlyn bay, Padstow Cornwall
 

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

........................................

 

Hi all. 

I received a PCN notice to keeper from Alliance Parking and foolishly appealed in panic before searching for advice.  I now realise that was a mistake as I have admitted to being the driver. So bearing that in mind should I simply pay early to get the discounted charge?

It was rammed in the car park and we had to park up a long hill and then get the kids out etc.

We got to the parking info and the queues were long to pay for parking at the machine so tried on the app on both our phones but with poor signal we gave in and queued.

We paid for 2 hours (see the attached ticket) but of course the machine only puts the time you paid and not the time we entered/drove into the car park (rather a flaw if you are expected to pay as soon as you exit).

 we finally paid at 12:01 and ensured we exited before the 2 hours were up.

If we had realised you need to pay for more time we would have.

From the recorded times they have we were there 2 hours and 11 mins 36s (not 2 hours).

thanks in advance for any advice

 

 

Ticket purchased and displayed.pdf 2023-06-02 Alliance PCN-NTK incident 29-5-23.pdf

[Nicky Boy]

Kahuna,

It wasn't your problem that there was a queue at the paypoint.

Nor was it your fault that phone signal was carp.

Both of these facts equal "frustration of contract".

I'm sure the others will chime in with other valid reasons not to pay.

If you want to fight this and the fleecers are stupid enough to take it all the way to court, it will take time and some effort. (Several months).

If you just want it to go away, just pay the invoice.

Obviously, we'd love you to fight it and will support you fully. (Forum users have an 85% success rate in court, but it doesn't always get that far).

Your choice.

Take a look through some other threads here to get an idea of what's involved.

(Start with the most recent).

 

[dx100uk]

thread tidied

yours is not the next move

see if they send a letter of claim.

 

[lookinforinfo]

SeeNTheir PCN does not comply with the Proventon of Freedoms  Act 2012. That means that only the driver is responsible for the charge. And not the keeper.

Had you not appealed you would not have been liable. It is why we suggest you do not appeal. However is all is not lost and many people have fallen into the trap of appealing and thus making life a bit more difficult for themselves.

The main reason that the PCN is not compliant is that they failed to give you the opportunity to pay the charge on behalf of the driver. Many of the parking rogues fail to comply with Act despite it having been in force for eleven years. 

Tells you all you need to know about their mental acuity.

So many of the rogues fail to get the parking period wrong and Alliance are no exception. It seems beyond their pra brains to realise that quoting the arrival and departure times from their SNPR cameras does not reflect the actual parking period.

Travelling from the arrival point to the parking spot and parking it perfectly within the lines can take several minutes. And then driving out the parking spot to beyond the exit camera can take some time if it is a busy period and other cars are also trying to leave at the same time. 

And this does not take into account disabled and elderly people nor those with small children.

So you actual parking period could be five or more minutes less than their time. Coupled with queues at the pay kiosk could well mean that your actual parking time was within the two hour time frame.

On top of that as you paid there is a five minute Consideration period  at the start of the parking to allow time to read the Terms and see if you want to stay. And at the end of the parking period you have a ten minute grace period.

So with all that going on the wazzacks are pushing it by pursuing you for money you do not owe.

 

 

 

[FTMDave]

Er - is the car registration number showing on the purchased ticket?

[Kahunaburger]

Thanks for the advice, yes the car registration is on the ticket and is correct

[Nicky Boy]

I think Dave was referring to the fact that it should be redacted....

[FTMDave]

Any update here?  We have a new Alliance case and so were wondering how you were getting on.

[Kahunaburger]

Basically, we never heard anything back at all after we appealed. No acknowledgment that our appeal was or wasn't accepted, they just went quiet

[FTMDave]

Thanks for coming back and letting us know.  This is much appreciated because sadly most people don't.

We have a new Alliance case which has pushed me to look at old cases.  The good news is that, for all their bluster, Alliance have never had the bottle to take a Cagger to court.

Please do come back though if they ever send you a Letter of Claim.

[Kahunaburger]

Will let you know if a letter of claim ever materialises but it does appear that they don't seem to go down the court route. Since this happened last June I would have expected to have heard something by now.

Good luck to you 

[FTMDave]

Even if they have crawled back under the stone, remember they have six years to bring a claim.

Let them know if you ever change address.

[Kahunaburger]

Oh wow, I didn't know that. Thanks for the information. Is it common that might happen so long after the event?

[dx100uk]

statute of limitations act 6yrs

[AllianceParkingHater]

 I have a feeling you have a LOC on the way, from those lovely people at ALLIANCE PARKING.

We got one a few weeks back for the same NTK date and location as yours .. 

[dx100uk]

pure speculation, means nothing.

dx

 

[Kahunaburger]

Oh no, really. Will keep a look out then 

[AllianceParkingHater]

On 16/05/2024 at 00:52, dx100uk said:

pure speculation, means nothing.

Apologies, yes of course, Kev has obviously being re-running his database against the non-payers list on the run up to the anniversary of the infringements ..

Perhaps he looked at yours and realised the 11mins overstay is more difficult to chase and cancelled it? I hope so 

[Kahunaburger]

So guess what,

we have received a final demand letter for £100.

It states if payment is not made by 11/06 they will have no option but to forward the case to their litigation dept with a view to commence County Court Proceedings.

just wondering if anyone has any advice.

Do we ignore this?

or do we need to take action?

Thanks 

[honeybee13]

Is the letter headed Letter of Claim/before Claim or similar? If not, it sounds like more of the threatogram chain.

If you're not sure, post up an anonymised copy of the letter and we'll check.

HB

[Kahunaburger]

 

Hi, Thanks for your response. I have attached the letter.

2024-04-28 Alliance Threat-o-gram.pdf

[Nicky Boy]

Not a letter of claim.

Safe to ignore.... again!

[honeybee13]

It's a theatogram. For it to be a LoC, it has to say that as the title. From memory, it would normally come from someone with a pretend legal-sounding title, rather than the accounts department.

HB

 

[Kahunaburger]

Thanks both, much appreciated

[FTMDave]

They haven't got a litigation department - it's all Kev!  So if you don't pay, Kev will pass the matter to Kev.  OK.

Not exactly a threat that will stop you sleeping at night.