New Generation Parking Management - 'On Yellow Lines'

mnavarra

Background:

I am registered keeper of car

Car is a private contract hire with the leasing company Arval.

Got made aware vehicle was observed (ANPR?) waiting/stopping on Yellow Lines in retail shopping site car park (private land).

New Generation Parking sent 1st NTK to the car lease company on 12th Nov 2015:





The car lease company replied to to them with this letter on Nov 18th 2015:



I finally received the same NTK on 3rd Dec 2015 (with different dates)

My Argument:
I believe the vehicle drove into the retail park and momentarily stopped on yellow lines to drop a passenger off.
The driver of the vehicle then waited with the engine running for a few moments before driving off and out of the car park.
The driver was not aware that the rules for yellow lines differ on private land such as this car park = no stopping or waiting at anytime
There was no obvious signage next to the yellow lines to notify drivers this would lead to a fine.
As the driver never parked, they never felt the need to observe all the car park rules, which were not clear from their driving position as they entered the car park then left again moments later.

I was also told this:
"PPC will include the extra paperwork needed to accompany a Notice to Hirer/lessee (see Schedule 4 about hire/lease situations and the extra forms they have to serve to you with the NTK. They won't).

I was also told (not sure what this means):
"it will be too late for keeper liability for the postal one"

More than one person can/does drive this vehicle registered to me.

QUESTION:
I need to submit my appeal to this PPC asap. What am i best to mention/quote at them in this instance?

More Info
See this thread i opened a while ago when i first found out about the ticket: https://forums.moneysavingexpert.com/discussion/5372869

Quentin

You need to take down those photos and use lots more black pen.


New Generation wouldn't need to be too clever to identify you from the details you have left (date of letter/addressee/location/vehicle/date and time of event/colour and make of car/id of hire company etc etc)


(Those yellow lines look to be double - if so, you need to read up what you cannot do on double yellow lines otherwise you will get more important letters from more respected authorities when you park on them on the highway)

System

Have a chat with this guy and see if they are still the Managing Agents of the site. If so see what he can do.

For further information,
please contact:
Andrew Collier
020 7152 5527
andrew.collier@eur.cushwake.com

mnavarra

Quentin wrote: »

(Those yellow lines look to be double - if so, you need to read up what you cannot do on double yellow lines otherwise you will get more important letters from more respected authorities when you park on them on the highway)

"A driver may stop for passengers to board or alight and to load or unload (unless there are also 'loading restrictions'" < via Wikipedia

fisherjim

mnavarra wrote: »

"A driver may stop for passengers to board or alight and to load or unload (unless there are also 'loading restrictions'" < via Wikipedia

These regulations are not applicable on private land, and a PPC can make up any rules they like in PPC land about their ground graffiti though it must be referred to on their signs to get it past POPLA.

You stopped your car so in their eyes you were parked, don't try that one as an argument it won't get you very far, or staing that you didn't think you had to observe their rules!

I doubt those photos were from ANPR, which tends to be fixed on poles at the entrance and exit, and the scumbags have not referred to ANPR in their drivel! They look like they were taken by a muppet with a camera!

I would imagine he was too scared to put a NTK on your screen, and too greedy to ask you to move.

Quentin

mnavarra wrote: »

"A driver may stop for passengers to board or alight and to load or unload (unless there are also 'loading restrictions'" < via Wikipedia

Well......double yellow lines = no waiting at any time


And:

mnavarra wrote: »

......The driver of the vehicle then waited with the engine running for a few moments.....

System

Fastest way to get these cancelled is to speak to whoever hired them. Have you contacted Andrew Collier to find out?

mnavarra

IamEmanresu wrote: »

Fastest way to get these cancelled is to speak to whoever hired them. Have you contacted Andrew Collier to find out?

Nope. But i will do now. What should i say?

Fruitcake

What does this mean? "I finally received the same NTK on 3rd Dec 2015 (with different dates)"


We need to see the NTK that was sent to you.


You should appeal using the template in the NEWBIES thread exactly as it is. New Gen Parking are BPA members so all you are after is a cancellation or a PoPLA code. Save other arguments for PoPLA if you need to, but just send in the initial appeal for now and see what happens.


Contact the landowner as a parallel activity. It is not over until the PPC tells you it is over. Tell them that you dropped of someone who went to spend money in the shops but you will take them elsewhere next time if the ticket isn't cancelled. Be firm but polite.

mnavarra

Fruitcake wrote: »

What does this mean? "I finally received the same NTK on 3rd Dec 2015 (with different dates)"


We need to see the NTK that was sent to you.


You should appeal using the template in the NEWBIES thread exactly as it is. New Gen Parking are BPA members so all you are after is a cancellation or a PoPLA code. Save other arguments for PoPLA if you need to, but just send in the initial appeal for now and see what happens.


Contact the landowner as a parallel activity. It is not over until the PPC tells you it is over. Tell them that you dropped of someone who went to spend money in the shops but you will take them elsewhere next time if the ticket isn't cancelled. Be firm but polite.

The NTK i received is identical to the one sent to the hire/lease company. It is shown in the thread above.

Am i able to lean on the fact that the PPC has failed to send me the hire documents it is required to do so as set out in POFA 2012 in para 13(2) ?:

The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given—

(a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;

(b)a copy of the hire agreement; and

(c)a copy of a statement of liability signed by the hirer under that hire agreement.

Castle

The documents as set out in Para 13(2) must be sent to you within 21 days of the PPC receiving them from the hire company. If Arval wrote on the 18th then today is the 27th day so even allowing for the post they are out of time.

Looking at the NTK dated 10.11.15 I can't see the creditor mentioned and the date sent has not been included; but save all this for POPLA