Npe- pcn

Drodough

Hi all

A person driving my car has received a parking 'charge' notice from National Parking Enforcement Ltd for parking in a car park (first two hours free) and failing to display a valid ticket. Driver simply forgot to get one. Have read through the appeal stuff, they are not a member of the POPLA appeal process but are a member of the other appeal scheme which obviously I have read is dodgy so won't bother with. My plan is to send the template letter in the main help thread (thanks to whoever wrote that)- the one with all the questions, asking for evidence of contracts etc etc.

Couple of questions: as the car park provides two hours free parking, does the recent court case (was it Beavis?) I read about apply- or can It still be appealed successfully on the basis The car was parked within the 'free' time period (albeit with no valid ticket displayed). Not sure if I have worded that well, but last time I challenged one of these I think I made the point that I was within the 'free' period anyway, so no monies should be owed.

The signs are all pretty small, is there a link/ any info on what signage is acceptable?

Any other advice specific to this situation, or this company in particular, before I appeal, would be very welcome!

Many thanks in advance

Redx

Beavis "overstayed" on a free car park , whereas in this case the driver has failed to show a free ticket in the free parking period , so strictly speaking only a judge could decide

but in this case the contravention is totally different

the IPC CoP details signage compliancy (or not)

any appeal goes in well before the NTK date , so around day 19 , not day 25 , but still as keeper using the IPC template

its only a paper excercise as they will still refuse your appeal , as would the IAS if you tried it

NPE (or their solicitors) have 6 years to try a court case

Drodough

Thanks Redx- is it likely that NPE would pursue the driver? I know some companies are more likely to pursue than others but I haven't been able to find much out about this bunch.

Redx

any PPC will pursue the driver , if they know who the driver actually is , because they stand a much better chance of winning against a driver

this is why we tell people not to name the driver , to use POFA2012 as a shield , so the paperwork is to the keeper , not the driver

the bmpa zendesk may help you decide about court cases , although the past is no guarantee for the future, especially since Beavis lost

chances are that Gladstones ( who run the IPC and the IAS ) or someone similar will persuade NPE to pursue it , like they do with Link Parking and others

Redx

that is the basis of this whole sc@m industry and applies to the vast majority of the millions of private parking charges issued annually in the UK

you can see one example of it here

https://forums.moneysavingexpert.com/discussion/5506492

only they or their solicitor can tell you if they wish to go to court, certainly nobody else can

a few years ago few if any tried court, now they are almost all at it

Drodough

The signage all appears to comply, entrance signage seems ok (I will try and upload a pic altho angle is not great). Signs all over the car park (although not along the row I parked on? But many many (albeit small) signs around the car park). The car park was not full, and Car was only parked for a very short time (and you get two hours free) so no one has lost out by the car being there (Driver also spent money in the shops. Is there an argument on this basis?? They are not 'charging' for overstay, but merely for forgetting to display a ticket.

Redx

they are not fining you - period

no private company can "fine" you

they have issued an invoice for alleged rule breaking

you have plenty of legal arguments if it goes to court

all the usual ones in fact

including , no locus standii , no contract , poor and inadequate signage , pofa2012 failures , NTK failures etc

Grimble

NPE does not do court, http://www.bmpa.eu/companydata/National_Parking_Enforcement.html

Drodough

Thank you so much both. So do I still submit the letter (IPC template) as planned?? It says on the link to 'ignore all but court papers'?

Grimble

I would submit the IPC template, shows you are not an easy target if they ever think about a small claim.

The_Deep

Drodough wrote: »

So essentially, as I have no firm basis on which to appeal, and as they will reject my appeal, there is a good chance they will try and take it to court?

If they did they would be unlikely to win especially of you appealed to the IAS. IPC members have a mountain to climb to begin with. Many have a relaxed attitude to paying v.a.t. many of their signs are non compliant and the IAS is not independent in the first place.