cruiser 53 should we appeal

cruiser53

We have received a pcn from NPS ( I say we because we do not know which one of us was driving at the time ) stating that we have breached their terms and conditions by not parking within a single marked bay, their photograph shows the wheels of the drivers side mainly covering the white line but the front of the car is positioned in front of the bay with the drivers side tyres going over the line approx 6 inches. the car park is quite a large one and at that time was about two thirds empty, our car was parked some way from others ,we at no time caused an obstruction nor had we caused the centre to lose any money NPS states there are signs through out the car park which we now know to be true (never noticed the before some of them are damaged, although I know this is not a good excuse !) We did try to speak to the centre manager but was told to ring back because they were in a meeting, did so, the person who answered asked us what it was about,we explained and they informed us we had breached the T&C and to be told that the manager does not take phone calls ,but to put it in writing. At this point I feel it was the warden we spoke to so really not sure if we should appeal. Please excuse any mistakes I have made as I am new at posting many thanks

Quentin

Everyone is politely asked to read up on this in the newbies FAQ thread near the top of the forum before starting a new thread

Go there now to learn about the game you are now caught up in and how to go about appealing

#1 in the FAQ provides you a template appeal to use (the letter you have received will be addressed to the keeper and that is who should respond)

Guys_Dad

first point to get out of the way.

Date of contravention and date on Notice to Keeper please to see if it was served out of time.

Ralph-y

this is the newbie thread



https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou


can you please confirm the full name of NPS



after reading the sections on complaining .... in the newbie thread write to the manager ..... do you have any receipts for that day ... or other previous visits ?



as above dates and times please ...


this is a national disgrace 'parking on private land' even our MP's think so ...


have a read and watch so that you better understand the nature of this scam ...


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:

cruiser53

thanks to everyone, the date it occurred was Sunday 14th and got the notice through the post two days later. the parking company is called Northern parking services and as mentioned before we had tried to speak to the manager as we thought that was the most polite and personal thing to do we did send them an e.mail asking who owned the car park as we had an issue with the parking company and they wrote back to inform us they owned the carpark and NPS acted on there behalf and we should appeal to NPS before we went down the appeal route we would rather have tried to solve it in a more friendly manner, they do have our phone number and e.mail as we asked them if they would contact us due to them being unavailable when we rang, but as yet nothing. I have seen the appeal template and I think it is now the way to go , I really think it was just an over zealous warden and a shame that common sense cannot be used. we have been a customer at the centre for over 20 years ,you do not pay to park, we use the centre about 4 times a week, the letter was addressed to my other half who is the registered keeper. thankyou

Johno100

cruiser53 wrote: »

thanks to everyone, the date it occurred was Sunday 14th and got the notice through the post two days later. the parking company is called Northern parking services and as mentioned before we had tried to speak to the manager as we thought that was the most polite and personal thing to do we did send them an e.mail asking who owned the car park as we had an issue with the parking company and they wrote back to inform us they owned the carpark and NPS acted on there behalf and we should appeal to NPS before we went down the appeal route we would rather have tried to solve it in a more friendly manner, they do have our phone number and e.mail as we asked them if they would contact us due to them being unavailable when we rang, but as yet nothing. I have seen the appeal template and I think it is now the way to go , I really think it was just an over zealous warden and a shame that common sense cannot be used. we have been a customer at the centre for over 20 years ,you do not pay to park, we use the centre about 4 times a week, the letter was addressed to my other half who is the registered keeper. thankyou

Sunday 14th of what? Either you've come back in time and you can now avoid getting this ticket tomorrow:D or this ticket dates from January this year at the latest and you're much too late to appeal it.

cruiser53

sorry the date is the 14th of October 18 which is, only last week, we have now sent in a appeal form so I suppose it is just a waiting game now many thanks

Merlin139

cruiser53 wrote: »

sorry the date is the 14th of October 18 which is, only last week, we have now sent in a appeal form so I suppose it is just a waiting game now many thanks

Err that is tomorrow! So now we know where the Doctors TARDIS has gone! :rotfl::D:rotfl:

cruiser53

thanks for pointing that out !!! I was looking at tomorrows date, it was the 7th of October 18, ( can I blame the distraction to the date on the grandchildren! ) wish it had something to do with the tardis , I would be able to see the outcome and not worry .thanks

cruiser53

Just putting an update to our PCN .Posted our appeal to popla, realised shortly after that we should have used one of their forms so we contacted them and they said they would send one out, we informed them that we were going away they said that they had a backlog of mail but would honour the date of the original appeal, returned home to find the form which stated it had to be filled in and returned it within 10 days which had passed ,phoned popla again explained to them the situation who informed us to still fill the form in and put a covering letter with it explaining why it was late. We received a reminder to pay the PCN which we did not respond to have now received a letter from debt agency Direct CollectionBailiffs LTD who have requested payment with further costs, they do say you can ring them to discuss it not sure if we should ring and explain we are still waiting Popla decision or just leave it for the time being .

Umkomaas

Formal complaint to the BPA that the PPC has transgressed BPA Code of Practice requirements by proceeding to debt collection stage when a POPLA appeal is still under consideration.

steve.c@britishparking.co.uk