Parking charge notice

mary_jay

I received a PCN on 23rd Dec, at 1.45am, when parked (from 7.30pm the preceding evening) at a tram / Met station in Greater Manchester. I didn't see the parking sign ( high up on a dark wall, not illuminated, tiny print) and the car park had only recently passed into the hands of Care Parking (a BPA member). There was no charge to park but the notice declared the car park was for the use of tram users during tram service hours. I believe the last tram to pass through the station that morning was approx 1am.


I must admit I thought it was a joke and ignored it. I looked up web sites and read of other's experiences and couldn't see what their justification was. The original £100 (£60 if paid in 2 weeks) rose to £150 when I ignored the reminder notice and is now set at £160 demanded by Debt Recovery Plus. If unpaid by 21st May, DRP say the creditors solicitors will take court action.


Should I comply or appeal, even this late stage. I fancy taking 'them' to the small claims court!

enfield_freddy

a topic often brought up , on the ticket does it mention railway bylaws , I know this is trams , but does it?

Redx

ignore DRP

read the NEWBIES sticky thread near the top of the forum

if you are going to do anything at all, appeal to CARE parking using the appeal template in the NEWBIES sticky thread post #1 (which you should have done in the first place)

post #4 deals with debt collectors , who cannot take you to court anyway

enfield_freddy

they do come under bylaws , http://www.scotsman.com/news/passengers-face-hard-line-and-fines-of-up-to-1000-under-tough-tram-rules-1-2645972


possible exception as not land conforming to POFa 2012


OP , was there anything on the original ticket that mentioned bylaws , because they will only be able to pursue until 23rd june!

Umkomaas

DRP say the creditors solicitors will take court action.

I bet it doesn't say that!

mary_jay

No mention of railway by laws anywhere on notice. Does that matter?

mary_jay

Appeals are rarely successful and then what?

Redx

its not relevant land for POFA 2012 , yet they insist on getting the RK details and sending them notices

if appealing to CARE, appeal as keeper only, do not name the driver

chances are they will turn down your appeal as they only give you 28 days, so you should have appealed months ago, as keeper

I agree with umkomaas , there is no way that DRP letter says they will take court action, it will say the word "may" or something similar

in other words they will suggest to the parking company to issue court proceedings in the small claims court, its just a threatogram with no teeth, toothless debt collector speak

actually, appeals to popla are always successful, if the info on this forum is followed and used, we have many examples of this on the forum already, for mcr metrolink and care parking

examples

https://forums.moneysavingexpert.com/discussion/5223962

https://forums.moneysavingexpert.com/discussion/5222153

https://forums.moneysavingexpert.com/discussion/5144709

https://forums.moneysavingexpert.com/discussion/5202052

https://forums.moneysavingexpert.com/discussion/5147007

https://forums.moneysavingexpert.com/discussion/5133951

https://forums.moneysavingexpert.com/discussion/5115562

https://forums.moneysavingexpert.com/discussion/5092535

https://forums.moneysavingexpert.com/discussion/4968630

mary_jay

Thank you for the helpful info, links and advice. Seems I can't appeal at this stage, ?worth a try.


The DRP letter says 'If you are liable for this charge and do not

---

, we will recommend to the creditor's solicitor that court action should be taken to recover what you owe'.

enfield_freddy

recommend and do are different words , I,m confident that the land in question is not applicable for a parking ticket , only a charge of trespass by the land owner , however they have only 6 mths to bring this claim , so 23rd june , job done .

bazster

enfield_freddy wrote: »

recommend and do are different words , I,m confident that the land in question is not applicable for a parking ticket , only a charge of trespass by the land owner , however they have only 6 mths to bring this claim , so 23rd june , job done .

Wrong on several counts I'm afraid.

If it's not "relevant land" all that means is there's no keeper liability. As usual they can still pursue the driver (perhaps doing the VCS-style "we presume the keeper was the driver" thing) and they can do it for up to 6 years, whether for breach of contract or (the landowner) for trespass.

The six-month cut-off is for criminal prosecutions under the byelaws, which was never going to happen anyway.