Park With Ease - Parking Charge

JenFish

Hi all, I've had a good read of the sticky thread with regards to these, but I'm still confused.

I received a NTK letter from this company. My car was parked at Brockholes Preston 13th Nov 13.52 to 15.29. Reason for issue: non payment of parking. Amount of charge £50 reduced to £25 if paid in 14days.

I don't think it complies with the required legislation. It is dated a month after the offence and didn't arrive with me until 17th December. I tried to attach a picture but couldn't because I'm new and the forum doesn't allow that.

I cant work out if this company are registered with the BPA.

Can I ignore it or should I appeal? Please can someone advise, and I'm sorry for the newbie questions!!

thanks in advance

Carthesis

If the NTK is dated a month after the event (13th Nov) and didn't arrive in your hands until the 17th Dec., then the important questions are these:

1) DID YOU GET A WINDSCREEN TICKET PLACED ON THE CAR?

2) DO THE PPC ALLEGE THAT THIS IS A FOLLOW-UP TO A WINDSCREEN TICKET?

If the answer to both of the above is "no", then you're correct that they are outwith the mandatory POFA periods.

The_Slithy_Tove

Park With Ease are IPC.

They use ANPR, so there would never be a windscreen ticket. Therefore no keeper liability under POFA. So DO NOT say who the driver was, or even allude to it.

You should still appeal as per the NEWBIES sticky thread, just to show you're being reasonable. Park With Ease have been known to start court proceedings, but it seems to depend on the landowner (e.g. we've seen court cases where Lowther Estates is the landowner, but never when the Lake District National Park is the landowner; don't know who owns Brockholes, Preston).

Carthesis

If TST is correct (and there is no reason to think otherwise), and PWE use ANPR and there was never any chance of a windscreen ticket, then there CANNOT be any Keeper Liability under POFA, as they haven't complied with mandatory timescales, let alone anything else that we don't need to go into.

If you look back through some of my previous posts, you should be able to find a more specific letter of appeal to send off that covers this point explicitly, rather than the general "all cases covered" template on the **NEWBIES** thread.

Be aware, however, that as an IPC firm, it is almost 100% guaranteed that Park With Ease will simply decline your appeal on grounds of more or less spurious nature - basically whatever nonsense jumps into their heads at any given moment, regardless of pesky and inconvenient "facts" or "laws".

Then you're just into IGNORE mode unless you get something official, at which point you should come back here.

Guys_Dad

I agree with the previous post. You major your appeal on out of time, but do refer to the correct section (9) here http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted to let them know that you know what you are doing.

You need to state clearly that you are the registered keeper but make no admission as to who was driving. As they have failed to keep to the timescales, Keeper Liability can not be enforced.

JenFish

Hi Guys,

thanks for all that info - Carthesis, yes they use ANPR and there was never a windscreen ticket.

I think Brockholes is owned by the Wildlife Trusts. (from a quick google search)

I'll have a look through previous posts for a template to use for the "out of mandatory timescales letter" and email it to them.

I was never going to tell them who was driving, or admit any sort of liability that was made clear in the newbie thread - thanks!

so basically my course of action is appeal and then ignore?

Guys_Dad

Yes. But do not ignore any court papers. Ignore Debt Collectors and only come back if you get any court papers.

JenFish

sorry - can I just check, do I appeal this with Park with Ease directly, or someone else?

Guys_Dad

You appeal to the Parking company who issued the ticket.

Bevwilks

Can i ask for advice please. I'm new to forums so not sure how they work.
Basically i have received a parking letter from brookholes in the lake District asking for a sum of £30 if paid on time for not purchasing a ticket. I admit i didn't buy a ticket as i seen not place to buy one. I have received a second letter stating i now owe £50 and threats of county court if i don't pay.
Is this enforceable or not.
Advice please.

Umkomaas

I'm new to forums so not sure how they work.

This one doesn't work by hijacking an old thread.

Please read the NEWBIES FAQ sticky and if you need further help after that, start a new thread of your own.

If you do start a new thread, please give us the precise name of the parking company.