National Parking Enforcement ( NPE ) £60(£100) for 4 minutes! The battle begins

stickitupyourjumper

Its a story as old as time. Let's say I was driving along, minding my own business in an unfamiliar part of town, feeling rough as hell. I had a stomach bug and was really ill, but had struggled to work. Suddenly I felt the overwhelming urge to vomit but luckily, I had just passed a supermarket 'extra' with three deserted parking spaces. I quickly whipped my car in and genuinely did not see any parking restriction signs. I dashed to the supermarket toilets and heaved my guts up. I staggered back to my car (still surrounded by empty spaces) and drove home for some chicken soup and bed.

5 days later, I received a PCN from NPE in the post. They want £60(£100)! On a document that has the quality I can only describe as being 'knocked up' on Windows 95 by a Nigerian scammer, it clearly displays two pictures, one of my licence plate and one of my car in three abandoned spaces. Clearly printed, it states that I was parked for 4 minutes. I mean 4 minutes! And they want £60. Apparently the location was a 'XXXX House (side road), XXXX Permit Holder Area'...private property I think.

I am new to all of this...and I have done some reading on this forum...I am no slouch. My (rightful and honest) refusal to engage with TV licencing over the last year has prepared me well for this fight. Basically, I do not want to pay this ridiculous charge. I have read the promising information suggesting that NPE don't really take people to court (or at least they haven't for the last couple of years) and I want to at least make my appeal (as they will suspend all increases in the fee until this is dealt with). I am sure that they will refuse the appeal though.

I am a newbie and I do suffer from anxiety, but I really hope that you guys could offer me some words of advice and encouragement when I need it. The PCN was only sent yesterday, so I have time on my side. So first question, the letter says that they are IPC accredited, so tomorrow I will submit the following from an alias email (is this correct?):



Dear National Parking Enforcement Ltd.

Re PCN number: XXXX

I am the keeper of the vehicle and am aware of your purported 'parking charge'. The driver will not be identified. I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company and are they the landowner?
2. Is your charge based on damages for breach of contract? Answer yes or no.
3. Please provide photos of the signs that you say were on site, which you contend formed a contract with the driver.
4. Please provide all photographs taken of this vehicle.
5. Please provide proof that the timing of any camera or timer used was synchronised with all other cameras and/or systems & machines.

Do not send debt collector letters and do not add any costs, which would be a thinly-veiled attempt at 'double recovery'. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data.

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the IPC Code of Practice in terms of signage at this site, as seems likely based on my research) 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,

My name and address (with registered keeper only written next to it)



Whats happens then? What can I expect and what is my next move?

Thank you for your sterling work guys! The advice you provide is just brilliant. I will promise to keep everyone updated as it progresses.

andytaylor

You'll get a reply rejecting your appeal, tell you to appeal further via the IAS (don't do this). Then you ignore anything apart from court papers or a letter before claim.

stickitupyourjumper

andytaylor wrote: »

You'll get a reply rejecting your appeal, tell you to appeal further via the IAS (don't do this). Then you ignore anything apart from court papers or a letter before claim.

Wow thank you. Such a quick reply. From what I have read I can expect a barrage of debt collector letters. That sounds quite intimidating. I mean the TV Licencing letters were intimidating at first, but I laugh when I get them now...straight in the bin! I must admit that debt collector letters are a bit more worrying. I'd rather not go to court (given my job) and it could end up being hundreds of pounds. I guess that if I proceed down this route, I will have lost all chance of just getting away with the £60 fine.

Umkomaas

and it could end up being hundreds of pounds.

Utter nonsense. Read around.

Small claims court costs are heavily capped. Max you'll cop for if you lose - £200. But it's only NPEL !!!!!!!

http://www.bmpa.eu/companydata/National_Parking_Enforcement.html

Cygnus_Alpha

stickitupyourjumper wrote: »

Wow thank you. Such a quick reply. From what I have read I can expect a barrage of debt collector letters. That sounds quite intimidating. I mean the TV Licencing letters were intimidating at first, but I laugh when I get them now...straight in the bin! I must admit that debt collector letters are a bit more worrying. I'd rather not go to court (given my job) and it could end up being hundreds of pounds. I guess that if I proceed down this route, I will have lost all chance of just getting away with the £60 fine.

Don't worry too much about the prospect of being taken to court. Parking Eye took me to court and this is a copy of the cheque they sent me after they lost...

stickitupyourjumper

Haha! Thanks you guys. I have been emboldened by your support, although I really hope it doesn't get to that stage!

I have done it. Got my big boy pants on. I have sent to appeal email. Now I wait. So I guess I do nothing now? No interaction with them...but keep an eye on the post for that claim letter or court summons.

I will post every correspondence that I get (with a view to helping others)...and I may ask for little bits of advice along the way.

Umkomaas

but keep an eye on the post for that claim letter or court summons.

It won't be a court 'summons' - that's for criminal cases!

I will post every correspondence that I get (with a view to helping others)...and I may ask for little bits of advice along the way.

Excuse me, but 'No thank you'. We have seen every iteration of debt collector letter since Adam was a lad. We do not need to see any more.

There's a whole section devoted to these in the NEWBIES FAQ sticky, post #4 and a freestanding, bumped every day thread titled, 'READ THIS BEFORE YOU START A NEW THREAD ABOUT ROSSENDALES or DEBT RECOVERY PLUS!'

stickitupyourjumper

Umkomaas wrote: »

Excuse me, but 'No thank you'. We have seen every iteration of debt collector letter since Adam was a lad. We do not need to see any more.

There's a whole section devoted to these in the NEWBIES FAQ sticky, post #4 and a freestanding, bumped every day thread titled, 'READ THIS BEFORE YOU START A NEW THREAD ABOUT ROSSENDALES or DEBT RECOVERY PLUS!'

K, chill. Just thought it might be helpful for anyone dealing with the same firm. Understand their specific tactics and what have you.

Coupon-mad

We're a friendly & helpful bunch really. It's only the debt collection letters that we never, ever, ever want to see anyone post about again.

nosferatu1001

Yeah, debt collection firms have zero powers, their letters are worthless garbage.

Guys_Dad

I can not understand why you didn't send a simple one point appeal based on Grace periods. Read the IPC Code of practice and you will see that you are entitled to a period of grace when you can read the t&c and decide to park or not followed by up to 10 minutes after parking to leave.

The former would apply in your case.

But what exactly do they claim you did wrong? Not paid? Parked over 3 parking bays? You can't be charged for parking in a supermarket car park unless you did something against their t&c.