"Northwest Parking Enforcement Ltd" Carlisle

Qrbrrbl

First post on here, long time lurker
Followed the "ignore" advice for an overstay in a free carpark about 18 months ago and I'm still receiving debt recovery plus letter (though none for about 2 months) so I think that ones sorted.

"The driver" received a "Parking Charge Notice" in Carlisle today from "Northwest Parking Enforcement Ltd", just thought I would check up before appealing using the templates to make sure I have understood things right.

Firstly, I cant find any reference to this company through a search on the forums, has anybody dealt with them before? I have done a bit of research and the carpark is listed on the Carlisle council website, but I cannot find any evidence that this is an official council parking PCN (despite their wording on the ticket that repeatedly refers to PCN). I am pretty sure that this is a private ticket but I would like to be 100%

"The driver" was driving a company car at the time so I presume the advice is to appeal before any official NtK is received? The crux of the appeal will be the quoted charge amount of £100 (£60 if paid within 14 days) and how that does not represent a valid parking charge (normally £1.70 for at least an hour, I was there about 40 mins) and is not based upon any genuine pre-estimate of loss.

Any recommendations? I have no intention of paying the £60 (happy to pay the pay and display cost) so I want to make sure I get a robust appeal together.

The_Slithy_Tove

Qrbrrbl wrote: »

"The driver" was driving a company car at the time so I presume the advice is to appeal before any official NtK is received?

Yes. These people are IPC members (not BPA), so need to be a bit more careful. What exactly do the signs at the car park say, and what does the NtD say? Are they alleging a contractural sum for parking, rather than good old fashioned breach of contract. That will steer the form of your appeal.

ezerscrooge

This is an IPC member. The usual 'no genuine loss' does not work too well on these (depending on the signage etc).

They are defeatable, but you'll need to know the wording on the signs and the ticket - does it mention 'failing to comply' or 'breaching terms'.

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Guys_Dad

The key to this is the signage. The IPC try to make members go down the contractual route, but they also recognise on their AOS CoP that it is vital that the signs make it cear that the motorist is entering a contract or trespass/damages (as POPLA) would apply.

We are developing a strategy for both cases, but very important we have sight of the entrance and any other applicable signs.

We also have an embryonic appeal to the PPC that, in truth, has yet to be tested, but if you can post up the signs, I might be able to pm you an appeal letter.

Northlakes

Which car park was it in Carlisle?

Northlakes

IPC member. Company only formed this year with a Carlisle telephone number. Says 20 years of experience so sounds like employees from another company set up.
Quote from their website under court action;
'Once parked on private land you enter a contract with the landowner or their agent'.
Also states 'IPC' refreshing approach to parking management'!

Umkomaas

To help you more specifically with this we really need to see redacted scans/photos of any correspondence you've received as well as signage at the parking site. Use Photobucket or Tinypic to (free) host and put up broken links (change 'http' to 'hxxp') to the pics; a regular will do the conversion so they are viewable here.

Northlakes

Interestingly on their website the picture under the signage tab states,
(permit car park signage)
'By parking or remaining on this site you the driver agree to pay a parking charge of £100 to be paid within 28 days(reduced to £80 if paid within 14 days)


It will be interesting to see the actual PCN and car park signage.


Does this mean the RK is not liable?


Tesco in Carlisle parking sign states, stay over 3 hours you pay £100

Qrbrrbl

This was the "MCP" carpark (not NCP, strangely) next to Iceland on Lowther St. Not the Iceland carpark (although where the border is I honestly cant tell you, they have different ticket machines and a different pricing structure).

Unfortunately I didn't take any photos of the signage as I was still working on the basis that private parking charges can be ignored I live in Manchester aswell so its not like I can go back and take photos easily.

The actual Parking Charge Notice is below
hxxp://tinypic.com/r/24ch8wj/8

It doesnt seem to use any language suggesting Breach or failure to comply.

The signage around the ticket machine itself states (paraphrasing) that this company and the carpark charging company are not the same.

Northlakes

Since October 2012 you do not ignore PCN's.


The title should read MCP

I know this car park and you are correct the division between the Iceland section is unclear however you state that is not the important in your case.
I will use my newly acquired free bus pass to get into Carlisle and get some photos of signage over this weekend and will post these.


The experts on this forum will then give you the best advice.


The PPC will definitely reject your first appeal. (after all their only after your money!)
Then it's an IPC appeal which appears so far to have been set up just as wheeze to get DVLA accredited status to get RK details.

Coupon-mad

IAS appeals are harder to win it seems, than POPLA ones. So we'll know more when we see those signs - nice offer from Northlakes to take some photos of the wording.

PCN here: http://tinypic.com/view.php?pic=24ch8wj&s=8#.U-VaY03wupo

...has the immortal words 'you must supply evidence as to why you were parked IN BREACH of the t&cs'. Trouble is - that alone won't win at IAS and even saying 'no GPEOL' won't work either IMHO. Not unless the signs are shocking but most likely they use new IPC signs which will scupper you a bit.

Also they only give the driver 21 days to appeal - what does the IPC CoP say about that - Qrbrrl you will need to read the IPC Code of practice and find out if there are any breaches in the procedure. What a shame you seem to have to appeal it early due to it being a company car - IAS appeals can be lost easily and one of the better appeal points would have been a late Notice to Keeper. Any chance the company is a small one which will hand you the NTK if you ask clearly, and tell them you are taking responsibility as driver but need to wait for the NTK to have the best chance? Don't try this if it's a lease car or a large company - you'd have to appeal early IMHO, if so.

Let's see Northlakes' photos first. Once we've seen the signs, if we can't find much for you to appeal on, I would consider paying £16 to the Parking Ticket Appeals service (run by two posters here - NOT me!). They guarantee to take it off your hands, hey do the appeal and offer a full guarantee, no risk to you.