National Parking Enforcement Ltd

Castle

matnkazx wrote: »

Just to also add to this, on the website of this car park this is what it says.
Prices
Mon-Sun 07:00 - 19:00
1 Hour £1.60
So what are you supposed to do outside of these hours?!

What is says on the website is irrelevant; the driver can only agree to the terms and conditions on the signs at the time they park.

matnkazx

So are you saying I should just pay this then or not?

Coupon-mad

No-one is telling you to pay this scam.

You'll have realised that, I hope, from the person who referred you here and in the NEWBIES thread...where does it tell ANYONE to pay?!

There was only signage to state that no overnight parking was allowed

OK, so there was no licence to park after 7pm, so there was no contract and no parking charge due for that period of time.

Send the appeal as per the NEWBIES thread then they WILL reject it...then ignore NPE, and come back if they try a court claim.

Same as all the other NPE threads. You should read some. You will find NPE are not especially litigious and are beatable, but that small claims can be filed for up to six years in England. So, keep proof of paying if you still have that ticket, no throwing it out next year when tidying up (not till six years has gone by).

And tell NPE in writing if you move house.

This really is about doing pretty much nothing for now except disputing it by appeal, rather than ignoring it. No telling them who was driving.

matnkazx

Ok appeal sent. I sent the following appeal
Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully.

And now I guess we wait?

Just to add to this, there is no signs to state what happens after 7pm, there is no gate, no blockade or anything to steer you clear of this car park after 7pm. Surely they should be making it very clear to drivers if this car park is not for use after 7pm!

matnkazx

Hi all! I've received a reply from NPE!
They have rejected my appeal. They have sent me photos of the signs etc and the car. I would love some advice on this next point and what to do next!

Dear (My Name)
Re: Parking Charge Notice Number (PCN Number) (Vehicle: My Reg)
Site: Hemsby Westbank Beach Road
Issue date: 14/05/2019
Thank you for your appeal received on 01/06/2019 regarding the above detailed Parking Charge Notice. We have reviewed the case and considered the comments that you have made. This appeal has been considered in conjunction with the evidence gathered by the photographic evidence and parking attendants notes (where applicable). Our records show that the notice was correctly issued as your vehicle was parked in breach of the Terms and Conditions of Parking. The decision in the Parking Eye v Beavis case has been handed down by the Supreme Court on 4th November 2015. The judgement confirms parking regimes which impose charges where motorists overstay or breach the terms of their contractual licence to park are enforceable charges. The summary to the judgement can be found here- https://www.supremecourt.uk/cases/docs/uksc-20130280-press-summary.pdf

This is a pay to park car park. All drivers of vehicles are required to pay for the period of parking as per the terms and conditions of the signage at the site. Our ticket machine log shows that £2 was paid for this vehicle registration at 18:25, please see evidence attached. As the vehicle remained parked for 2 hours and 37 minutes this exceeded the paid parking period. Please see the parking charge tariff attached. As the vehicle exceeded the paid parking period we are unable to accept your appeal.
Please see all images of the vehicle attached and the signage at the site.
We are therefore unable to cancel the Parking Charge Notice as it was issued correctly. We have now extended the discounted payment period by 14 days to allow you time to pay the discounted settlement amount. Please now make payment of £60 to reach us by 21/06/2019 or £100 to reach us by 05/07/2019. We must advise you that once the discounted settlement rate passes it will not be offered again.

Payments can be made by cheque or postal order made payable to National Parking Enforcement Ltd. Please ensure you write your Parking Charge Notice number clearly on the reverse. Please do not send cash through the post. Payment can be made using a debit or credit card by calling the automated payment line on 0333 0066292. For our full Complaints Procedure please visit https://www.parkingprotection.co.uk. If you wish to contest our decision, please send your representations to https://www.theIAS.org within 21 days from the date of this letter. Please note that if you wish to appeal to IAS the reduced charge will no longer be offered and the full charge will be outstanding if your appeal is not successful. IAS will not consider any appeals if payment is made. Please note that if your appeal is unsuccessful and payment is not received within 28 days of rejection, the charge will be passed to our debt recovery agents who will add further administration costs.

What now?

Le_Kirk

As they appear to be IPC operators, the next step is wait for a LBC and formal court papers. In the meantime, research into defences and the whole small claims court process by reading NEWBIE post # 2. Of course, also ignore debt collector letters.

Coupon-mad

Why do you need advice on what to do next? There are no next steps.

This is covered week in, week out, in all IPC threads and in the NEWBIES thread and we don't need to get further involved (and nor do you) until court stage.

matnkazx

Evening everyone! After a year, they have finally contacted me again! They have said that the above debt remains unpaid. Having been provided with no evidence to the contrary, we contend that you are liable for these charges and it is our intention to recover the outstanding amount from you. Please DO NOT contact us. All contact and payments should now be made directly to our agents CREDIT INVESTIGATION SERVICES whose details are listed below.
Prior to the determination at the Supreme Court in the case of Parking Eye vs Beavis in 2015, there was a general misunderstanding that parking charges were not recoverable, however, Judges in this case concluded that as long as the charges were brought to the attention of the motorist and that the charges were not unreasonable, the charges were recoverable in civil law.
In view of this we require that the above amount is fully paid within the next 7 days. If it is not paid within that time legal  proceedings could be commenced against you without further notice. Such claim will include an increase in the amount being claimed as interest, court fees and legal costs will be added.
End
Do I respond to this? If so how and what do I say to them?
Thanks

Redx

7 days is not an LBC, 30 days IS AN LBC

so I would ignore , as post 4 of the newbies faq sticky thread tells you

Coupon-mad

Ignore it like post #4 of the NEWBIES thread tells you.