GXS/Trace DCA 2*ANPR PCNs - appeals refused - Lady Bee Marina, Shoreham Port

[Whirlwind79]

Dear forum members, please can you consider my case and next steps. Thank you.  

I received 2 PCNs for parking in Lady Bee Marina, Shoreham Port owned land. 2 evenings on consecutive weeks.

PCN 1 17/10/2023,

PCN 2 26/10/2023

I appealed both through online appeal portal within 21 days.

PCN 1 on basis that signage wasn't clear to indicate it was land controlled by GXS and ANPR.

Appealed PCN 2 on basis that PCN 1 did not arrive in the post until 10 days after PCN 1 and I parked again in same spot within 8 days, reason again unclear signage. 

Mitigating factors:

It was dark when I parked on both occasions.

There was a Shoreham Port Authority logo sign visible, attached to the only lamp post in the area,  saying 'Shoreham Port authorised users only' no mention of GXS or parking conditions on this sign.

I parked directly under this lamp post intentionally, assessing this to be the safest place as a woman on my own in a dark car park in a quiet, non-residential area. There have been recent assaults on women in the area, so my attention primarily was on my safety and getting from my car to the building.

I was attending an evening class within Shoreham port authority buildings and believed that I was authorised to park.

On returning to the area in the daylight after I received the PCNs, I noted there is no sign as you enter the area from the road at all to indicate there are parking conditions.  There was a GXS sign behind the area where I parked, low down at knee height attached to railings by the harbour edge. It explains you need to pay to park on an app. 

I did not receive a response to the appeals.

On 12/12/2023 I receive a final demand letter in post from GXS with charge increased to £160 per PCN. 

I contact GXS on 12/12/2023 by email, and 15/12 and 24/12 by telephone (left voicemail) to explain I had not received the outcome of my appeals. 

21/12/2023 Letter received from Trace debt recovery informing me GXS have passed by case to them, with charges increased to £170 per PCN, £340 in total.

27/12/2023 I receive an email from GXS with a copy of the outcome of appeal letter attached to the email with the date 14/11/2023, no wording in email to say whether this letter  was allegedly sent in post or emailed.   Outcomes of appeal 'declined' for both, on basis that signage meets industry standards. This is the first time I have received this letter. 

28/12/2023 I telephone GXS. No answer, leave a voicemail asking them to update their system with the outcome of appeal letter date to 27/12/2023, to allow me to action the options in the outcome of appeal letter (1. second stage appeal or 2. pay the charge of £60).

As I did not receive the letter of 14/11/2023, both these options are blocked to me as more than 21 days have passed since that date. No response received from GXS. 

8/1/2024 I telephone trace to inform of above and that I can't get through . Trace say that GXS will not communicate with me as case passed to Trace.

9/1/2024 I submit a complaint to GXS on the complaints email address on their website. No response received to date. 

10/1/2024 Email received from Trace, who inform me they have spoken with GXS who report that "It is too late to make claims I did not receive a response to your appeal", as it says on PCN that if you do not hear from us within 28 days, please contact us, do not assume your appeal has been successful. 

12/1/2024 I submit a complaint about GXS customer service to IPC.

My points are:

1. GXS online appeals portal unfair for 'customer' as it doesn't generate any record for the customer of the appeal submission - no reference number, no copy of your appeal statement, no ability to enter the portal after submission to check status/date/content of your appeal is emailed to you. 

The customer is therefore unaware of the date they submitted the appeal and cannot go back to the portal and check. Customer has to use guess work as to when they submitted the appeal to calculate when to contact GXS if they haven't received a response. 

2.  My argument is that when I contacted GXS on 12 Dec,  I had no record of the appeal submission date. I recall submitting the appeals middle of November roughly, so contacting GXS 12 Dec I don't believe to be 'too late', that is GXS's opinion. GXS don't say how soon after 28 days to contact them. 

12/2/2024 IPC respond and say they are satisfied GXS have not breached member code of conduct in this case.

GXS have provided them with system report of letters and emails sent, showing they emailed the outcome of appeal letter 14/11, copied it to me by email 13/12.  (I did not received either of these emails, have checked junk and contact my email provider for support, there is no system record of those emails arriving at my inbox). 

IPC didn't comment about the issues I raised about appeals portal. 

I am unsure of next steps.  Please advise. 

 

[Whirlwind79]

Info for PCN 1: 

1 Date of the infringement 17/10/2023

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 20/10/2023
 

[scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s

 

3 Date received 27/10/2023
 

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] Y - no copy of it available, did it through GXS online appeals portal. after you press 'submit' it disappears and you can't re-enter portal. 
 

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

7 Who is the parking company? GXS Services Ltd

 

8. Where exactly [carpark name and town] Shoreham Port Authority Lady Bee Marina, Southwick, BN42 4EG
 

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

 

Copy the windscreen or ANPR section to your thread and answer the questions...

……....

In either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY

PCN 1 redacted.pdf outcome of appeal PCN1 letter.pdf

[Whirlwind79]

Info for PCN 2: 

1 Date of the infringement 26/10/2023

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 30/10/2023
 

[scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s

 

3 Date received 6/11/2023
 

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] Y
 

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

7 Who is the parking company? GXS Services Ltd

 

8. Where exactly [carpark name and town] Shoreham Port Authority Lady Bee Marina, Southwick, BN42 4EG
 

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

final reminder from GXS dated 6.12.23. Received 13.12.23

 

PCN 2 redacted.pdf outcome of appeal PCN2.pdf

[Whirlwind79]

Hi @dx100uk, No, nothing on windscreen. Notice to driver arrived in the post. 

 

[Whirlwind79]

Nothing on windscreen ever.

I received 'Parking Charge - Notice to Keeper' letters each time in the post. 

I did not receive anything else. 

Apologies, I confused the terms in previous post. 

The 'parking charge -  notice to keeper' letters are the files I uploaded . 

[Whirlwind79]

Notice to Keeper

WWW.PARKINGCOWBOYS.CO.UK

---

This page describes what a Notice to Keeper issued by a private parking company is, and what to do when you receive one

 This seems to suggest that when ANPR used, they send notice to keeper. Is this not correct? 

[Whirlwind79]

Thank you. 

Re: the reasons.

I think that the specific area I parked in within the car park both times is designated for Lady Bee Marina boat owners.

It did say 'Lady Bee Marina - authorised users' on the Shoreham Port sign I think (I foolishly thought that covered me as the course I was attended was in a building in Lady Bee Marina, but now know there are people that live on the boats in the marina I think there are specific places for them to park)

I am feeling very worn down by this all, I've spent so much time on it already.

I was prepared to pay the £60x2 if the appeal was declined.

I appealed in good faith.

GXS refusing to accept I didn't receive the outcome of appeal emails and refusing to change the outcome of appeal letter date to the date I actually received it (27 Dec) and upping the charge to £340 is completely unjustified and makes me want to fight it.  

It is worth offering to pay the £60x2 to settle the matter.

That is the outcome I would settle for to be honest? 

If I do fight it, it would be the rubbish signage, particularly in the dark.

There really aren't visible signs to indicate there is ANPR and that it is controlled by GXS.

No signs at all as you pull off the highway into that area.

You really aren't aware of the 'contract' you are entering into as you drive in.

It is very poor. 

[Whirlwind79]

Thanks @FTMDave. Plan to request SAR and go and take photos over the next week. I didn’t say I was driver in the appeal, but said I parked there so likely outed myself tbh!

[Whirlwind79]

Hi, Thank you all for your help so far.

 I've had limited time to progress this, between work and caring responsibilities...

I've started a draft to the Shoreham Port Chief Exec - assuming this the best person to address to?

Planning to deliver by hand.

However, I'm not clear what I'm asking from the landowner and on what basis for a realistic outcome (i.e. ask GSX to cancel charges or ask GSX to enable me to pay reduced rate £60x2)  -. Guidance on wording would be appreciated.

GXS said in appeal response that signage 'meets industry standards' so I'm not sure if this point can be reasonably used? Looks like there isn't a requirement to have signage at the entry to the area. 

Byelaws - Do I include something about this in letter? 

I've attached a draft for your consideration. Thanks. 

Parking Shoreham Port Authority FINAL.pdf

Subject Access Request is next on my list. 

Do you have a template you could share for the wording I need to use on that please? 

Thanks. 

[Whirlwind79]

Letter printed and ready to delivery to Shoreham Port Chief Exec, thanks @FTMDave I used your revised wording.

Shoreham Port landowner Letter.pdf

[Whirlwind79]

@FTMDave I just read your last post. Before I deliver letter, are you suggesting to cut it further or is what I attached suitable?