Parking Charge Notice

Iamthestig2

Hi

I have received a 'charge notice' from 'Spring Parking'. I have been researching how to appeal the notice and have a few specific questions that I hope some kind and knowledgeable soul may answer!

1. I can't find anything on this particular company and how they operate- can anyone point me towards any posts from anyone who has successfully challenged them? Does anyone know how likely they are to pursue a court action?

2. They appear to have observed the protocols I have read about on this forum (obtained registered keeper details within 14 days, provided a 40%+ discount for payment within 14 days, provided CCTV of car entering and leaving, identified what further charges could be added, etc.). I would like to challenge on the basis that the charges are unreasonable (it is a free car park). Do I put this in my initial letter to them, or just refute the charge without explanation and ask for the POPLA code?

To give some background, the 'charge' relates to an overstay. The letter states that: "The recorded duration of the stay was XX:XX and the vehicle was in violation of the terms and conditions displayed on the signage". It does not state how long the terms and cond. advised you can stay. Should they have advised the length of overstay in their 'charge notice'?

One further thing- I am the registered keeper but was not driving the vehicle. Do I advise the company of this (whilst not identifying the driver)?

Thanks in advance for any help- have to admit that I am feeling more than a little stressed about the best way to proceed with this! _pale_

Coupon-mad

No need to stress about this because you will win it at POPLA if this was in England/Wales.

Do not mention who was driving, just write as the registered keeper. Just a general couple of appeal points will do, about the Notice itself and maybe about the signage, and asserting that they have suffered no loss caused by 'the driver's' actions.

Does the Notice to Keeper meet all the requirements here, right down to specifically using the word 'creditor' about themselves to identify the creditor?

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted Section 9 is regarding postal NTKs.

9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must—
(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;
(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;
(c)describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;
(d)specify the total amount of those parking charges that are unpaid, as at a time which is—
(i)specified in the notice; and
(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));
(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;
(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;
(g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;
(h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;
(i)specify the date on which the notice is sent (where it is sent by post) or given (in any other case).
(3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).
(4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.
(7)When the notice is given it must be accompanied by any evidence prescribed under paragraph 10.
(8)In sub-paragraph (2)(g) the reference to arrangements for the resolution of disputes or complaints includes—
(a)any procedures offered by the creditor for dealing informally with representations by the keeper about the notice or any matter contained in it; and
(b)any arrangements under which disputes or complaints (however described) may be referred by the keeper to independent adjudication or arbitration.

Iamthestig2

Hi Coupon-Mad

Thanks for replying- and for your MANY other helpful posts on this! :j

I have tried to multi-quote but haven't done much forum stuff in a few years and cannot remember how :doh:

Firstly, yes this was in England.

Secondly, I cannot see the word 'creditor' anywhere on the charge notice at all.

They definitely do not mention about being able to recover the charge from the keeper if after 28 days, but do however request "if you were not the driver, please forward the driver's name and address to the correspondence address at the top of this letter within 28 days of the date of this notice".

Should I block out the personal info and post the notice? I'm not sure how to do this :-/ as I don't think I can post links.

I think everything else complies- and sadly the signage at the car park is, I believe, prominent and clear :doh:, but my girlfriend is not always the most observant!!

Iamthestig2

From everything I have read, my only real grounds for refuting the charge is that it is unfair- council car parks in this area are very cheap (rural market town) so their 'charge' of £55 for 30 mins overstay cannot be justified.

4consumerrights

text deleted and misread original OP's post - sorry

Hovite_2

Iamthestig2 wrote: »

From everything I have read, my only real grounds for refuting the charge is that it is unfair- council car parks in this area are very cheap (rural market town) so their 'charge' of £55 for 30 mins overstay cannot be justified.

When you say "refuting" I assume you mean appealing to Spring ? In which case use any reason you like.

Once you appeal to POPLA then you'll be using the "no genuine pre-estimate of losses" argument.

Iamthestig2

Oh ok, so there is no need to try and convince Spring that I have a genuine case? I just simply tell them I'm not paying and will appeal? Or should I be trying to convince them I know my stuff in the hope they'll drop the charge? (I figured as they have to pay for the appeal to POPLA, they may drop the charge if they think I stand a good chance of winning?). Would rather avoid the stress if possible right now!

Iamthestig2

Would love to know if anyone else had dealt with this company, can't find any posts about them...

Hovite_2

Iamthestig2 wrote: »

Oh ok, so there is no need to try and convince Spring that I have a genuine case? I just simply tell them I'm not paying and will appeal? Or should I be trying to convince them I know my stuff in the hope they'll drop the charge? (I figured as they have to pay for the appeal to POPLA, they may drop the charge if they think I stand a good chance of winning?). Would rather avoid the stress if possible right now!

Telling them you're "not paying" is not an appeal. Just say the signs do not conform to the BPA standard or something. Even mention that their charge is not a genuine pre-estimate of losses. They may well back down because it looks like you know what you're talking about.

Iamthestig2

Hovite wrote: »

Telling them you're "not paying" is not an appeal. Just say the signs do not conform to the BPA standard or something. Even mention that their charge is not a genuine pre-estimate of losses. They may well back down because it looks like you know what you're talking about.

Ok- this is all new to me because I had one of these a couple of years ago and the advice has changed completely- I sort of thought that 'appealing' makes it sound like I'm giving their charge some legitimacy? And therefore I should instead just refuse to pay? Is that incorrect?
Thanks

Iamthestig2

I also think their signs may conform- any pointers of ways in which they may not? I am going to the car park today to look at them! Thanks