National Parking Enforcement - IAS Appeal

Jacknife

Hi all. Had a recent ticket through the post from the cowboys at National Parking Enforcement who got the keeper with a camera as the keeper pulled in to a a space dedicated to Nando's customers. The keeper's dog had gone missing in the forest up the road, and after two nights looking in the forest for him, I imagine they needed sustenance. Nando's was closed due to the current situation, so the keeper sat there, weighed their options and walked over to another shop close by to pick up some lunch. They've got about 20-30 photos of the car, the keeper leaving the car and also the keeper returning with food. Someone in the camera office had too much time on their hands. The usual £100 fine, £60 if paid in 14 days.
I have been through this before, and won via POPLA, but these guys are regulated by IAS it seems. I sent in the usual template, and followed all advice on the threads here so far. Below is the response from NPE to my appeal. Do I now ignore any further communication, or go through the IAS appeal which seems doomed to fail. I won't post photos here for obvious reasons.

Dear------------

21/05/2020

Re: Parking Charge Notice Number -----------

Site: Nando's ---------

NATIONWIDE ANPR + CCTV PARKING CONTROL SYSTEMS

Thank you for your appeal received on 20/05/2020 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.

Whilst you have stated that you deny any liability or contractual agreement and you make no admissions to who was driving, under schedule 4 of the Protection of Freedoms Act 2012, it allows car park operators (in England and Wales only) to pursue the registered keeper for the recovery of unpaid parking charges if the vehicle keeper does not identify the driver.

The Parking Charge Notice was issued for parking outside of the advertised terms and conditions, which state that the 5 parking bays are for the use of patrons of Nando's only. Since Nando's was closed, the vehicle was parked in breach of the terms and conditions. The terms and conditions are attached in this email, and can be seen in front of the vehicle on the date in question.

The allegation doesn't concern a Pay and Display ticket machine. The allegation doesn't involve an overstay.

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.

If you wish to contest our decision, please send your representations to IAS 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.

Please now make payment of £60 to reach us by 05/06/2020 or £100 to reach us by 18/06/2020. 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 or online at ------ For our full Complaints Procedure please visit -----

Redx

3 choices for you

a landowner cancellation

a decision in court

or

expires after 6 years has elapsed

notice that I did not put in the IAS second stage (or third stage) appeal , where a landowner complaint is stage 1 , the newbies template is stage 2 , nobody uses the IAS option

these companies have little revenue coming in at this time and have nothing better to do than set the trap and catch the mouse or mice that enter

Coupon-mad

The NEWBIES thread already covers this stage and why not to try IAS.  No need to discuss that on individual threads.  See you at court stage.  Read lots of court threads as well as the sticky thread.

Fruitcake

It is not a fine.
The IAS are not a regulatory body.

Have you checked the NTK to see if it is PoFA compliant? If it isn't then you should immediately edit your post to remove information about who did what. Only ever refer to The Driver and The Keeper, who are two different people as far as the law is concerned.

Check with the local council planning department to see if the original planning approval allowed motorists to leave the site to shop elsewhere. Also check to see if the PPC has planning approval for scameras and advertising consent for signs. Not having the latter is a criminal offence, but only the council can pursue it.

Do as advised by Redx and C-m after thoroughly reading the NEWBIES.

D_P_Dance

It is not a fine, it is an invoice from an ex-clamper to compensate them for the alleged harm they suffered when you did what you did. We call it a scam. Pay them not a penny unless a judge so orders it.

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.

beamerguy

As said, no point in the IPC which is a scam by itself.  Why do you think parking companies become members of the IPC ????   When you say they have 20-30 pictures, they could only be from a hand held camera (ANPR takes 2)
What was this picture taker doing during lockdown, he was not an essential worker allowed out ?

Anyway, NPE will waste their time getting idiotic debt collectors involved and YOU IGNORE them because they cannot do anything.   The debt collectors will add a fake £60
After that, NPE could pass it to one of the idiotic legals who will add the £60 and that's when we help you to get the legal spanked in court and you can claim costs

Umkomaas

NPE rely generally on CCTV, so that's likely why they have so many 'photos'. 

BrownTrout

when they decline your appeal at the IAS , this will get sent over to "CIS / TNC , you will get letters which state "referal for legal action and "recommendation to solicitor for summons".  you do NOT need to come back to us to tell us about these letters, they can and must be ignored 

Coupon-mad

Agreed. 

Please DON'T tell us about debt letters...boring...and it distracts us from helping people at a stage that actually means business!  You'll be grateful later, that we are this strict!

When you really need us we will be here, which is not at 'pointless IAS' stage or 'debt letter laughing at their mad demands' stage.

pould

Have they given you access to these 20 to 30 photos?

nosferatu1001

They will once you SAR them, and also require the name and address of, plus ALL notes made by, their operator.