Civil enforcement parking charge notice at Fox Valley, Stocksbridge

Ashira

Hi, Ive received a parking charge notice from Civil Enforcement stating that i overstayed in a car park with a 4 hr limit by 19 minutes. They have used ANPR and have photos of my car entering and exiting. The incident occurred on 21.2.17 and i i received their letter yesterday 21.3.17. I am planning to appeal using the notice to keeper 14 day rule, poor signage in relation to the 4 hours and ANPR and its usage and the disproportionate charge of £100 for 19 minutes when if i had realised there was a charge it would have cost me £2.50 for the full day. Am I correct in my appeal and what advice could you give me please. Thank you for your help.

Redx

the disproportionat charge wont stand up since the beavis case ended over 16 months ago

just use the blue text template from the NEWBIES sticky thread for CEL, then see post #3 of that thread for the legal arguments for the popla appeal , including clause #13 of the BPA CoP (grace periods)

so save your appeal points for popla

forget about not a gpeol, it wont wash

Guys_Dad

I would major on the out of time point, by all means adding the others if you wish.

But are you sure that what you received was a NtK and not a chaser? Can they claim they sent a NtK that went missing in post?

If you use the standard template appeal, you will get the standard template rejection.

If you tell them they are out of time and you are happy to see them at POPLA and/or court if they are happy to waste their money, but then add a "By the way, In addition" section with the template that would be good.

If they ignore your main point, it enables you to claim that they did not read your appeal and simply sent out a standard appeal without going through a genuine appeal process.

I agree about forgetting the GPEOL.

Ashira

Hi, thanks for your reply. I have only received one letter from them through the post. If they have sent me a letter previously i have never received it. I was shopping with my friend who arrived earlier than me and left at the same time and she hasn't yet received a parking charge notice from them!

Ive copied the letter i was planning to send them. Ive based it on the template on the Money Saving Expert page on parking charges. What do you think?
You issued me with a parking ticket on 21/2/17 but I believe it was unfairly and unlawfully issued. I wish to appeal the parking charge notice and I will not be paying your demand for payment for the following reasons:

• The notice to keeper is incorrect and unlawful

As the registered keeper of the vehicle you did not inform me of the parking charge until 21/3/17. I understand that you have a legal duty to inform me within 15 days of the parking offence occurring. As such you failed to meet the Notice to Keeper obligations of Schedule 4 of the POFA Act 2012.

• There was insufficient signage

The car park in question has no clear signage upon entering to explain what the relevant parking restrictions are. The sign at the entrance does not state that there is a 4-hour limit.

The entrance sign does say that ANPR is used in very small font. The driver could not be expected to read it when driving onto the site. The sign does not state what the ANPR is used for and it does not state that it is used to determine length of stay. Furthermore, it is only through making this appeal that I now understand what the abbreviations ANPR mean. As such I would say that your signage is not transparent and does not meet the BPA Code of Practice.

This means no contract can be formed with the landowner and all tickets are issued illegally.




• The charge is disproportionate and not commercially justifiable

The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner, Dransfield Properties Limited.

In my case, the £100 charge you are asking for far exceeds the cost to the landowner of the alleged 19 minutes overstay. I now understand that the charge to park at Fox Valley Retail Park for the full day is £2.50. To charge £100 for 19 minutes is extortionate and completely out of proportion. I therefore feel the charge you have asked for is excessive and is a penalty rather than a charge.

Please can you provide me with a breakdown of how the loss to Dransfield Properties Limited has been calculated?

• Contractual Authority (as required by BPA Ltd AOS CoP B.7)

Please provide me with a copy of the contract between your company and the landowner/landholder (Dransfield Properties Limited) that provides the necessary contractual written authority for the issue and enforcement of your Parking Charge Notice - Notice to Keeper.

I have written this letter without prejudice. If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

Guys_Dad

Their NTK probably invites you to name the driver . It is not unlawful. Search the forum for OUT OF TIME and use a previous appeal on this issue. Yours is weak and not 100%correct on that point which is your trump card.

Forget disproportionate. Read up on Beavis judgement.

Redx

the MSE appeal is terrible and you should not even consider it , wipe it from your mind

read the NEWBIES sticky thread and use the one in there

and I already told you that the disproportionate argument lost out in the BEAVIS case, which came AFTER mse wrote that stupid guidance

Ashira

Redx wrote: »

the MSE appeal is terrible and you should not even consider it , wipe it from your mind

read the NEWBIES sticky thread and use the one in there

and I already told you that the disproportionate argument lost out in the BEAVIS case, which came AFTER mse wrote that stupid guidance

Hi do you mean this post?

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Coupon-mad

Ashira wrote: »

Hi, thanks for your reply. I have only received one letter from them through the post. If they have sent me a letter previously i have never received it. I was shopping with my friend who arrived earlier than me and left at the same time and she hasn't yet received a parking charge notice from them!

Ive copied the letter i was planning to send them. Ive based it on the template on the Money Saving Expert page on parking charges. What do you think?
You issued me with a parking ticket on 21/2/17 but I believe it was unfairly and unlawfully issued. I wish to appeal the parking charge notice and I will not be paying your demand for payment for the following reasons:

• The notice to keeper is incorrect and unlawful

As the registered keeper of the vehicle you did not inform me of the parking charge until 21/3/17. I understand that you have a legal duty to inform me within 15 days of the parking offence occurring. As such you failed to meet the Notice to Keeper obligations of Schedule 4 of the POFA Act 2012.

• There was insufficient signage

The car park in question has no clear signage upon entering to explain what the relevant parking restrictions are. The sign at the entrance does not state that there is a 4-hour limit.

The entrance sign does say that ANPR is used in very small font. The driver could not be expected to read it when driving onto the site. The sign does not state what the ANPR is used for and it does not state that it is used to determine length of stay. Furthermore, it is only through making this appeal that I now understand what the abbreviations ANPR mean. As such I would say that your signage is not transparent and does not meet the BPA Code of Practice.

This means no contract can be formed with the landowner and all tickets are issued illegally.




• The charge is disproportionate and not commercially justifiable

The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner, Dransfield Properties Limited.

In my case, the £100 charge you are asking for far exceeds the cost to the landowner of the alleged 19 minutes overstay. I now understand that the charge to park at Fox Valley Retail Park for the full day is £2.50. To charge £100 for 19 minutes is extortionate and completely out of proportion. I therefore feel the charge you have asked for is excessive and is a penalty rather than a charge.

Please can you provide me with a breakdown of how the loss to Dransfield Properties Limited has been calculated?

• Contractual Authority (as required by BPA Ltd AOS CoP B.7)

Please provide me with a copy of the contract between your company and the landowner/landholder (Dransfield Properties Limited) that provides the necessary contractual written authority for the issue and enforcement of your Parking Charge Notice - Notice to Keeper.

I have written this letter without prejudice. If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

That is embarrassingly awful and MSE should be ashamed of still dropping people in the brown stuff by suggesting such a dreadful appeal against private parking tickets.

Hi do you mean this post?

Of course, that's the BPA first appeal from the NEWBIES thread and often sees CEL off without even needing POPLA.