A.S. Parking - Cornwall

MadDrongo

Just back home to N. Ireland after spending a amazing month touring Cornwall and SW England with my family. Good memories tainted however by a Notice to Keeper which arrived in yesterday's post for a over stay in Porthcurno Carpark.


I've been through the main website and the newbies thread several times. I intend to appeal the PCN through their own website appeals process. I think this is the correct procedure?


These are my reasons for appeal, I would very much appreciate if someone could confirm that I'm doing the right thing?





There was insufficient signage and no clear physical barrier or markings to indicate boundaries.

The car park in question has no clear signage to explain what the relevant parking restrictions are. This means no contract can be formed with the landowner and all tickets are issued illegally.

The driver, realising that they were close to overstaying what was initially paid for, then purchased an additional ticket from the lower carpark at a charge of £2 for 2 hours.

The driver was of the assumption that this would cover, but has since learnt that the two carparks are managed by separate companies.

As there was no clear signage or physical barrier to distinguish between the two carparks and vehicles were able to move freely between the two it is a realistic assumption that the two are connected and tickets are transferrable.!!!8232;


The charge is disproportionate and not a genuine pre-estimate of loss
!!!8232;The amount charged is not based upon any genuine pre-estimate of loss to the company or the landowner.
!!!8232;In my case, the £100 charge being asked for far exceeds the cost to the landowner of overstaying by 27 minutes. I therefore feel the amount you have asked for is excessive.
!!!8232;
The notice to keeper is incorrect!!!8232;
The Notice to Keeper failed to meet the obligations of Schedule 4 of the POFA Act 2012 as it arrived via post on the 30th July 2018, 17 days after the Date of Parking Event

Redx

no keeper liability in N.I. (POFA2012 does not apply in N.I.)

POFA2012 only applies in england and wales

IGNORE (unless it was a lease vehicle)

not a GPEOL died 2 years ago with the Barry Beavis case

do Not reveal who was driving , not to anyone

KeithP

Have you read post #1 of the NEWBIES FAQ sticky thread?

There is specific guidance in there for residents of Northern Ireland and Scotland.

MadDrongo

KeithP wrote: »

Have you read post #1 of the NEWBIES FAQ sticky thread?

There is specific guidance in there for residents of Northern Ireland and Scotland.

Yes, but the guidance was for charges issued in NI/Scotland. This PCN was issued in England and I'm resident in N.Ireland.


Newbie guidance isn't clear in this instance.

System

This PCN was issued in England and I'm resident in N.Ireland.

You've spotted the nonsense in the advice. "Keeper Liability" does apply to a car parked in E&W irrespective of where the Keeper lives. It's the car park location that sets the law.

Since AS are one of the bottom feeders they won't cancel but will send meaningless debt collection letters. The only way AS can get you to pay is to take you to court in NI (if that is where the car is registered to). They hardly do it in England so we don't expect (and have never seen) a claim being raised in NI.

So file and ignore.

Bare in mind that if you plate was an NI one (with a Z), they would have known all this but they can't help themselves trying to scam people.

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.