Parking Charge Notice in a Free Car Park (fail to display)

Wilcouk

Hi there,

My Step-Mum recently received a "Parking Charge Notice" from District Enforcement in a free car park but she failed to get a ticket as well it's free... she obviously didn't realise you had to display a ticket, now a fine of £60 within 14 days or £100 after that, my question is this - as this isn't a council enforced ticket and more of a private company as it's private land, does she have to pay this? there doesnt seem like much of a appeals process either which is very cowboy like, just mentions all the ways you can pay them.

from the local paper when it was announced

"A new parking scheme has been introduced to a Chorleywood car park.

Chorleywood Parish Council has announced that as of April 1 tickets have to be displayed between 12pm and 3pm for cars in The War Memorial Hall and Shepherds Bridge parking areas.

While parking will remain free of charge, tickets will need to be displayed between these times."

Advice greatly appreciated

pappa_golf

as this isn't a council enforced ticket


Chorleywood Parish Council


people can announce what they want , is this land owned by the council or not!

Fruitcake

It is not a fine.

No she doesn't have to pay.

Please read the Sticky thread for NEWBIES and send the IPC template letter to the parking company. Copy and paste and send, exactly as is, do not edit it. Come back here if you need further help.

Umkomaas

District Enforcement are an IPC AOS member and do take court action.

You need to read the Newbies FAQ sticky to get an understanding of what this stuff is all about. It's near the top of the forum thread list, one page back from this one (use the Forum Jump button, or press the Back button on your keypad).

Also read about DE here:

https://bmpa.zendesk.com/hc/en-us/articles/203542872-District-Enforcement-Ltd

Your other action should be to contact the council and plead some mitigating circumstances and ask for them to intervene. Maybe offer a (small) donation to a charity of their choice (do they have a Mayor's charity or similar?).

Castle

Interestingly, the council gets £25 from each £60 penalty:-
http://chorleywoodcommon.org.uk/wp-content/uploads/2013/09/Open-Spaces-2013-Sept-10-Notes.pdf

Wilcouk

Okay thanks for your help, i'll send the IPC letter to them - funnily enough you can't seem to appeal online, having to send a letter to them, i'll do this and report back

i'll also speak to the council itself and see what they say, maybe they'll accept a donation.

Fruitcake

Wilcouk wrote: »

Okay thanks for your help, i'll send the IPC letter to them - funnily enough you can't seem to appeal online, having to send a letter to them, i'll do this and report back

i'll also speak to the council itself and see what they say, maybe they'll accept a donation.

Send the letter by post first class from a Post Office, and get a free proof of posting.

Do NOT send it recorded or special delivery.

Wilcouk

actually, just looking abit more and i found this site > http://www.bmpa.eu/companydata/District_Enforcement.html says you can email your appeals in, should i do that instead?

Coupon-mad

Wilcouk wrote: »

actually, just looking abit more and i found this site > http://www.bmpa.eu/companydata/District_Enforcement.html says you can email your appeals in, should i do that instead?

You obviously follow whatever the PCN says about appeals process; do not step outside it. I would not use the template appeal from the NEWBIES thread for DE acting in a Council car park as this is a bit different and they are a bit keen on court threats.

I would simply say this and send a copy to the Council too:



Dear Dyl,*

Re PCN xxxxxxxxx

I am the registered keeper of VRN xxxxxxx and I wish to challenge the above PCN. It seems that the enforcement at this car park has recently changed yet the signs certainly failed to inform the driver. The car park is free so any requirement to display a 'ticket' is an unreasonable term which was never in any event, communicated by clear signage.

You have no cause of action against a registered keeper in any case because this land is under statutory control (being Council owned land) so the POFA 2012 cannot apply.

Further, I see that this Council have confused 'penalties' with 'parking charges' so appear to have no idea under which applicable law this so-called enforcement might fall. The minutes of a Council meeting show their belief that these are penalties, yet they are not operating proper statutory enforcement under the TMA: ''The Council would get £25 from each £60 penalty, but the main purpose of the exercise would be to deter commuters from using those areas.''

The confusion about trying to operate their car parks illegally, outwith the TMA is rife among Councils but it does mean you would have no cause of action should you attempt to pursue this matter by way of a small claim. I would refer you to the Government policy stated clearly by Robert Goodwill in 2014:

http://notomob.co.uk/discussions/index.php?topic=4512.0

Council car parks MUST NOT be run 'as if they are private land' as High Wycombe Council have already discovered to their significant cost. In this case, for the benefit of the Council who can cancel this mistaken PCN, the driver was not abusing the car park, was not a commuter, did not park for a long period and certainly was unaware of any new contractual terms, which in a Council car park are quite simply, unenforceable profiteering by a private firm who appears to have misled local Councillors. I suggest the PCN is cancelled immediately to mitigate any loss on your part.

A copy of this letter has been sent to the Head of Parking Enforcement at Chorleywood Parish Council as they seem to be unaware of their obligations to the public under the TMA2004 for statutory control of their car parks, which one would expect to be the remit of the County Council as the Enforcement Authority for this area. As you will no doubt be fully aware, ignorance of the law is no excuse.

yours faithfully,


(then give the name & address of the registered keeper)





*not really, Dear Sirs is better (but Dyl Kurpil is the ex-copper behind this notoriously nasty firm).

Wilcouk

Wow thank you, i'll do just that and get back to you with their response, thank you for your help.

Coupon-mad

Warning to you - they are not 'nice' hence why I suggest you rope the Council in too.