ARDPark PCN

guohong

We received a PCN from ARDPark (member of IPC) by post as the registered keep for parking at Bibury trout farm. We did pay via JustPark and I reply to ARDPark straightaway (without saying who is the driver) and attached the receipt. The time as shown on the receipt clearly covers the whole stay and the car reg number is clearly shown on the park receipt. Nevertheless, ARDPark declined my appeal with the following reasons (copied from their email)

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1. We manage this car park with authority from the landowner. The terms and conditions are those as specified by the landowner. ARDPark is under contract to manage the car park within those terms and conditions. The times the scheme is in operation is displayed on the signage.

2. We believe that there is more than sufficient signage within the car park with full terms and conditions of parking. It is the driver’s responsibility to read the signage and act accordingly.

3. We have photographic evidence of the vehicle contravening these terms and conditions and the images supplied with the charge are those of you returning within the prohibited period. These images evidence your vehicle entering and exiting the car park.

5. The Vehicle Registration Mark has not been entered for an electronic permit to allow parking without payment. Payment has not been made within the specified terms and conditions (including, but not limited to, within ten minutes of arrival and/or payment covering the whole stay).

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The reason we were issued the ticket, I guess, is that they request a payment without 10 minutes of arriving. But because we waited for another car to leave and spent sometime to download and register with the app, it was very slightly over 10 minutes. The time stamp on the entering photo shows 13:59:17, and the payment was made at 14:10.
It seems that the only way left is to appeal to IAS. my question is should I simply use the template which didn't state the fact that I have made the parking fee or should I also provide the evidence of the payment and explain what happened?
many thanks for the help.

The_Deep

You are supposed to enter your VRN into a terminal, apparentyly you did not. This apparently caused them so much damage that they need £100 to put matters right.

Many judges regard such claims as a waste of time, perhaps an abuse of process and are likely to throw them out if the scammer is daft enough to take them to court, read this.

https://en.wikipedia.org/wiki/De_minimis

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

guohong

thanks for the reply.
we did enter the vehicle reg number which is shown on the JustPark transaction record.
perhaps i should send them this evidence (just noticed the receipt I sent to them does not contain the VRN) and they may change their mind and cancel the PCN?

guohong

The company confirmed that the PCN is because the payment was made more than 10 minutes after arriving!
what a gangster!

Le_Kirk

Tell them you want your money back then, as they have stolen it!!!

pogofish

Have you complained loudly to Bibury Trout Farm and insisted they get this cancelled?

Sooner is generally better where parking issues are concerned - ideally before you engage with the PPCs "appeal" process.

However, the owner of Bibury seems to be quite active on TripAdvisor and amenable to resolving issues:

https://www.tripadvisor.co.uk/Attraction_Review-g186282-d218004-Reviews-Bibury_Trout_Farm-Bibury_Cotswolds_England.html

guohong

Very good idea. Just sent a polite email to the farm and hopefully they can solve the problem.

guohong

A quick update: they responded very promptly but said they have no inflence on the operator's decision.
It seems I have to appeal to IAS. Any advice please? A good chance for winning (because we did breach the "pay within 10 minutes of arrival" instruction) or should we just accept the discount/bribe?
Many thanks.

Umkomaas

guohong wrote: »

A quick update: they responded very promptly but said they have no inflence on the operator's decision.
It seems I have to appeal to IAS. Any advice please? A good chance for winning (because we did breach the "pay within 10 minutes of arrival" instruction) or should we just accept the discount/bribe?
Many thanks.

Tell the trout farm that if they don't get this cancelled, they will have no influence on what you write on their TripAdvisor, FaceBook or Twitter pages, as it is vitally important that other visitors are warned away from a place where a parking company is running riot, looking for the most minute of slip ups so they can charge trout farm visitors £100 a pop. Clearly a very expensive risk any visitor now takes.

Don't appeal to the IAS - a complete waste of time, you have no chance.

Email ARD Parking, telling them that you have no intention of paying their extortion, and invite them to issue court proceedings within 4 weeks so a Judge can take a close look at their questionable practice.

Alternatively,they can simply cancel the charge and save themselves substantial costs, which you will be claiming from them if this gets to a court hearing.

The_Deep

If the trout farm will not co-operate write bad stuff on their Facebook and TripAdvisor pages.

Egbert_Nobacon

Re send your email marked FAO Kate Marriott stating that as the landowner you do not believe she has no control over her PPC employees.

She seems willing on Trip Advisor to help her customers so make it plain that you feel unable to return if your visit attracts a £100 surcharge.