PPS (Newton Abbot) parking charge

joben_jones

The car park isn't attached to any businesses, turns out the landowner is a multi-billion dollar international asset management firm, so I shan't waste any time going down that avenue.

Have gone through the POFA with a fine toothcomb and the NTK seems pretty watertight as far as I can tell.

I'm now leaning towards the idea I'm going to have to pay this one, the signs are very clear and ignorance of the existence of ANPR car parks is hardly an excuse, should have read the signs. Ignorance is not a defence in the eyes of the law, and 'I didn't see the signs' is right up there at the top of the Irrelevant Defences thread.

Could write to my MP, but I'd feel like a bit of a prat complaining about a company, who are seemingly following all the rules, charging me because I wasn't paying attention to them.

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If I accept I'm paying this one, I have another issue. I was on holiday for two weeks, and then the NTK went to my old address (haven't updated my driving licence or car registration since moving yet...), so I didn't receive it until the day before their 14-day charge reduction period ran out (from £60 to £100)

I noticed this in the POFA;

(6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted ...

As I have proof I wasn't around again until recently, I'd hope this would allow for the 14-day period to begin on a date after I returned home (and less than 14 days ago from today) rather than 2 working days after the letter was dated, as stated in the letter.

Thanks again for all the advice guys

Redx

Not updating your DL or V5C can result in up to a £1000 fine from the DVLA for each offence

The PPC can only obtain and use the details on file , hence why it went to an old address , get those done ASAP

The day you returned home is irrelevant

joben_jones

Yikes. Not sure how I managed to get to 30 without knowing that. Will sort out right away.

Curious as to how being away from home is irrelevant? If a notice was served but you were not there to receive it, how can any countdown etc. be fairly begun?

Redx

It has to go to the registered address , which as you say is the old address

If they got it to the registered address by day 15 following the event , where day 1 is the day after the event , then they met the POFA timescale for delivery to the registered address of the RK , even if that person was in Timbuktu

The fact that you haven't updated the DVLA is your problem , not theirs

Where you were is also your problem , as is your return date

If this had been a police notice for speeding etc , again it would be your problem if your details weren't up to date

The NTK is deemed to be delivered 2 days after the issue date on that NTK

This has nothing to do with the early bird reduction if paid within 14 days either

joben_jones

Thanks again.

I understand the not up-to-date details are my problem, but that only delayed things and extra day or two, so not the point I'm focusing on here, sorry for the confusion.

My point is that I was on holiday, so even had it been delivered to my current address, I'd have missed the window.

KeithP

joben_jones wrote: »

My point is that I was on holiday, so even had it been delivered to my current address, I'd have missed the window.

You need to make your views known to your MP.

This is, currently, an entirely unregulated industry, but this is set to change soon.

The Parking (Code of Practice) Act 2019 is set to change that.

Get your MP involved with providing input to the new 'regulations'.

joben_jones

I will contact my MP, not sure it will help me now but will be nice to know it may help others in the future.


I noticed the PPS sign says they're BPA members, it doesn't mention this on the NTK or their website, but they are listed on the BPA website members list. So I had a look through their code of practice.
britishparking .co.uk/write/BPA_AOS_CODE_OF_PRACTICE_CURRENT.pdf

In Appendix B it lays out their specifications for entrance signage, and states that the 'Pay & Display' text, when entering from a 30mph road, must have a capital size of at least 60mm.

A crude measurement using a credit card of approx 54mm suggests this is not the case.
i.imgur .com/Sloszto.jpg

I'm not sure if a technicality as minor as this is a relevant point, especially considering the other sign behind the meter seems to comply with the Denning red hand rule, but thought it worth checking.

KeithP

Premier Parking Solutions Ltd may well be members of the BPA, but they are members of the IPC's Accredited Operator Scheme - which is the one that counts.

The sign you showed us earlier has the 'IPC Accredited Operator' logo bottom right.

You need to be referencing the IPC's CoP.

joben_jones

Ah, that's a pain, the IPC CoP is much more vague in it's signage description, so I guess that's a non-starter.

Think it's probably time to throw in the towel here

I'm now way outside the 14-day reduction, and even outside their appeal window by a smidge, but am hoping I can wangle paying the reduced charge due to proof of being away and not having taken receipt of the NTK until a week ago. As per 9. (6) of the POFA.

Will send that off shortly and quote that sub-paragraph at them and see how my luck goes.

waamo

Why rush in to doing anything? Personally I would see how it pans out. If they launch a court claim (which they may well not) the costs will be broadly similar regardless.