Parking notice from NGP

enfield_freddy

so it fact you hav,nt had a NTK send (correctly) to your home address , within the 28-56 days?

Redx

he has only just appealed it today, so he should receive something back within 35 days at the moment (until now NGP are not aware of him as the hire company have failed in their POFA 2012 duty)

misterbarlow

Ok so am I correct in thinking I don't mention the driver at all then, even as 'the driver', I don't say the driver did a,b,c and we dispute the charge because of x,y,z, I, merely say I am the keeper I dispute this charge because of x,y,z,
Hope I'm learning??

Redx

correct, assume I was driving the car

misterbarlow

I emailed the owners of the property in question that was visited "PARC" over the weekend, not implying any sort of liability, but just to find out why they advise people to park on the road?
They replied already!

Thank you for your email and I am sorry that you have had this notice. Occasionally when we are busy parking can get crowded.
My staff are correct in advising that the area alongside our premises is safe to park (as the green signs state)

The New Generation parking notices are a legacy of the previous owners of Parc, and whilst they operate on the opposite side of the road, they have no business issuing tickets to Parc customers.

They have even issued me with a penalty in the past so I can sympathise with how you must feel.

As long as you are parked alongside our building, in our carpark or in our overflow car park then you are absolutely in the clear.

Please keep me informed as I will certainly support your case

Kind regards

Toby Gardener - Director
Parc Play Ltd

The only problem being the staff simply said "park out on the road" and never specified sticking to a certain side.
Our car was on the opposite side of the road. How can signs only apply to one side of a road if they are mounted on both???

Will it help any if I ask them to give me a letter to put in with my POPLA appeal??

Umkomaas

You could do but you're drifting into the realm of 'mitigation' which POPLA does not do, and if your entire appeal is so based it's a guaranteed rejection.

Add it in somewhere, but your main thrust at POPLA is GPEOL, locus standi, authority to issue parking charges and signage. These will beat a lightweight like NGP.

misterbarlow

On the subject of gpeol I have just noticed on the photo of the sign I took that it states

Applies 24/7
parking tariff, £100 per or part day,
vehicles parked with permission = free.

So they are stating on their own sign that they allow vehicles to park there for free, and this incurs them no loss, but allege that a vehicle parked without permission, somehow magically does incur a loss of £100!

Surely permission is irrelevant and a vehicle parked is a vehicle parked, it either incurs losses or it doesn't?

Should I mention this in my popla letter or am I incorrect?

Umkomaas

Yep, put it in. Further shows that the charge is a disguised penalty, and there is no loss at all to the PPC - if car park is free of charge!

misterbarlow

ok thanks.
Due to the wording on the signs saying "PARKING TARIFF & TERMS APPLY" with a big blue P on it, and said tariff is £100 per or part day, or free with permission, will they try to argue that they are not charging for any losses, but its a car park where the charge is £100 per day and that's all they are charging for??

Redx

dont try to second guess the PPC

wait for the popla code, then just allege their signage doesnt meet the BPA CoP

when they send the evidence pack to popla after your popla appeal has been registered (if they do actually contest it) you will receive a copy of this pack about a week before the popla decision date, then you will KNOW what they are saying and at that point you send popla a rebuttal of the evidence pack

no point trying to predict the future or what they will write, if we could do that I would like tomorrow nights winning lottery numbers , please

wait and see, in the meantime draft a GENERIC popla appeal that can be adapted later, then worry about rebuttals near the decision date several weeks after the popla appeal goes in