NCP Parking Fine in post

reecoo

Hi all!

Sorry for the very naive approach but I have just started driving and this is my first ever fine.

I go to Pure Gym in Epsom Surrey, and they provide 2 hours free parking for members, by going into the gym and punching your reg into their touch screen display. I parked there at 12:15 on afternoon and forgot to input my reg, this was on the 7th of this month. I just got a letter today (20th) issuing me a £100 fine, £60 if paid within 14 days. I called Pure Gym and the nice lady on the phone e-mailed me my attendance record and told me to issue this in my appeal, so in my mind I was totally fine and a weight was lifted. Go back to the gym and notice on their touch screen there is a note saying that there's no free parking between 12PM and 6PM.

Oh.

So now I've appealed and only after appealing I've realised I'm technically in the wrong, however, I was ill that day and only stayed there for like 20 minutes, not that I think that has any bearing on the situation.

My question is, what would you do in my current situation having already appealed. If anything the suspension on my fine due to the appeal review buys me time.

Should I pay this? Ignoring it sounds a bit scary to me as I don't want to get into trouble. There is ALWAYS spaces in this car park, I've never ever seen any less than 5 free spaces at any time.

Thanks in advance for any help all! And sorry if I've posted this incorrectly or in the wrong place.

Reece

Redx

well, you still have not had a "fine", because these are not "fines" , they are INVOICES

you have had an invoice for perceived rule breaking

get the GYM to get it cancelled seeing as they have contracted the PPC

read the NEWBIES FAQ sticky thread for advice on these invoices

in future, assume that anytime you park you need to have permission , so check for permission (unless its a public street controlled by the council with no parking restrictions

most private land parking is covered by some form of rules, including hospitals, doctors , retail parks , supermarkets etc

if NCP fail to cancel this pcn, they will issue a popla code and you can appeal to popla , based on indaequate and poor signage, no landowner contract etc

see post #3 of that thread for popla advice

reecoo

Thanks for your quick reply!

I'm new to the forum and have begun reading the thread. I have a further question though;

In my appeal I mentioned that I 'at this time simply forgot to enter my registration into the touch screen computer' and as previously mentioned even if I had done that, it was outside the specified times where the 2 hour free gym parking is allowed. Does this affect my ability to get this cancelled in the second stage once my appeal is inevitably rejected?

Thanks again!

Redx

it just makes it harder due to you admitting that you were the driver

in future, appeal as keeper, not as driver , in order that POFA2012 may protect you (the law)

and do not use the F word , it is inappropriate to use the 4 letter F word in these matters , its not even on the paperwork , or the signs at the gym, or the terminal inside the gym

no private firm can "FINE" you , so at the moment you havent broken your "duck"

when you passed your test , you had learned to drive, now you need to learn where to park, and what can happen when you do so without reading signs etc(or falling into traps for the unwary)

good luck

reecoo

Okay I shall never again use the F word! lol

So in short, proceed with the POPLA letter once my appeal has been rejected regardless of the fact I admitted I forgot to enter my reg even though I wasn't parking within the specified times and that I admitted I was driving.

Cheers

Redx

clearly you had no idea about the signs and so they were inadequate and not brought to your attention

when you parked there should have been NO DOUBT in your mind what needed to be done as the signage has to make it quite clear, both in the car park and where you sign in, such that if you do not follow the rules you KNOWINGLY are failing to abide by the rules

the fact that you had no idea what those rules were is frustration of contract , because in your mind you believed parking was free for 2 hours for gym members, plus you had no idea of any time restrictions either

so POOR & INADEQUATE SIGNAGE will be one of a few popla appeal points

no landowner authority will be another one

use the email to show proof of patronage, even if this aspect fails

you only have to win on a single point like inadequate signage, NCP have to win on every point you raise

study post #3 of the NEWBIES sticky thread and start drafting your popla appeal, just in case, plus it will be good learning for you, as this wont be the last time you fall foul os these sc@mmers

waamo

It is possible to win on other points. What you will argue are legal points such as the mandatory size for signage and the landowner authority to issue tickets.

You don't have to prove your innocence it's up to the ppc to prove they did everything correctly. It's rare that they manage this.

Make them prove everything, that they have permission to operate, that their signs meet the standards etc.

Ralph-y

just so that you know all about this scam that you have fallen into ...


please read / watch ....


https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

and slightly longer, the committee stage

https://www.parliamentlive.tv/Event/Index/d5550515-cce9-4185-83ec-754dadb7524a

''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.

and some quotes from the committe stage

"The other area is hospital parking, and I want to single out one company for some pretty shady practices. That is ParkingEye" " is very clear to me that there is collusion between parking companies and solicitors firms" "so-called roboclaims companies. " "They are often set up adjacently and involve the same directors and personnel. Incidentally, the same personnel get involved in the so-called appeals bodies." "Essentially, it is a money-making enterprise that takes advantage of motorists up and down the country. They operate in a very business-like fashion, which is why I call them roboclaims companies." "The companies are jamming up parts of our legal system." "I now pretty much know exactly how the parking companies and in particular the IPC have been running this scam for the past 5 years. Basically both of the appeals processes are a complete and utter sham, (and part of that sham is Gladstones Solicitors itself)" " The appeals process at Excel/VCS is run by a team of minimum wage office workers with no legal knowledge or experience whatsoever," " It is claimed by the head of the appeals service (retired Judge Bryn Holloway) that this is a completely independent fair process, it is not." "The letter mentions two individuals" "Will Hurley and Bryn Holloway and concludes This is a typical example of the clear collusion between the IPC, their members and the IAS" "what we can do about roboclaims companies and solicitors" "firms that profit, often in shady ways," " the very large amounts of money that can be involved in such scams" "a company called Smart Parking was involved in one such scam on my patch" "tightening up the rules regarding the unfair use of automatic number plate recognition " "BW Legal, regularly issues 10,000 county court judgments a month, and is known to have issued 28,000 in one month" "They are jamming up our court system, and are often totally unjustified." " because the lifeblood of trying to extort money from people is having access to their details."

All from Parking (Code of Practice) Bill (First sitting) Hansard



Ralph:cool:

reecoo

Thanks all for your detailed help I really appreciate it. I will draft a letter as soon as possible and post it here.

Thanks

Antoinette_G

Hi guys
I was on holiday, visited Lyme Regis and parked in NCP car park. My friend and I between us found the £7 required to pay for a 4 hour ticket and displayed it on my dashboard. We returned well within the bought time.
Four weeks later I have received a PCN to Keeper alleging I bought no ticket and asking for £100, or discounted to £60 if I pay within 14 days. There are photos of my registration plate going into the carpark and leaving.
Unfortunately after 3 weeks on my dashboard the ticket was thrown away by my partner so I have no proof. I have my friend who was on holiday with who shared the cost of the ticket and my partner who was so irritated seeing it on the dashboard.
Where do I stand, I am determined not to pay this as I have already paid £7 for the privilege of parking!

The_Deep

Please read the stickies/FAQs and the start your own thread, this one belongs to someone else.