Help Please! - parking charge from Park With Ease Ltd

teddymasterned

Hey, i'm pretty new to this whole appeal thing but I want to give it a go!
 I've received a parking charge from Park With Ease Ltd

From the newbies thread I appealed with this reply:
*******************************

Ref 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 complaint about your predatory conduct to your client landowner.

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 an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

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.

Kind Regards...
********************
They replied with:
******************

Thank you for your email

 

Upon entering the site you entered into a contract to pay for the parking that was due at the time or up to 48 hours following your departure (online) or pay a parking charge notice (reduced if paid within 14 days).

 

The signage on site clearly states that charges are in place 24 hours a day on all days and apply to all vehicles. There are 3 signs on this site, including 1 on the entry, 1 on the exit and one by the kiosk. Our signage has been audited by The IPC our Accredited Trade Association and is fully compliant.

 

We have invited you to inform us who the driver at the time was. We do have images of the vehicle entering the site and should we need to we may choose to get the images enhanced in order to present them as evidence in court should you choose to allow the matter get that far.

***They put in pics of my car here showing number plate, date with time entering and leaving the car park***

Since you failed to pay for the parking that was due at the time or up to 48 hours following your departure and were over the advertised grace period  of 10 minutes the parking charge notice has been issued correctly.

 

You can pay your parking charge notice online at parkwithease.co.uk or by sending a cheque or postal order to Park With Ease, Unit 15 Duttons Business Park, Dock Road, Northwich, Cheshire, CW9 5HJ.

 

The Independent Appeals Service provides an Alternative Dispute Resolution scheme for disputes of this type. As you have complied with our internal appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service providing you lodge an appeal to them within 21 days of this rejection.

 

If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). In order to appeal the IAS will need your parking charge number, your vehicle registration and the date the charge was originally issued.

 

Please note, the 14 day reduced period is not held whilst an appeal is in place.

******************************
And that's where we're at folks, is POPLA or other the next stage? Do you think I need to bite the bullet and pay this one?
Would appreciate any and all replies, thank you.

MistyZ

Hi there, 

POPLA isn't an option with this company and the IAS appeals route is considered a kangaroo court around here i.e. refusal is pretty much automatic.  Did you select the 'Registered Keeper' option when appealing to Park With Ease?  

Have you complained to the landowner yet?  Wondering why the car was parked without payment being made.  In any case, it's highly unlikely that paying up is the best option but more info. will help!   

Edit: check out other Park With Ease threads.  Seems they have form for threatening to enhance images and this is a baseless threat.

Umkomaas

We have invited you to inform us who the driver at the time was. We do have images of the vehicle entering the site and should we need to we may choose to get the images enhanced in order to present them as evidence in court should you choose to allow the matter get that far.

Write back to them and ask that they provide their 'enhanced images' which will help you to identify the driver, thereby assisting them in pursuit of the parking charge. 

Are you really up for facing these chancers?  It's no good cowering in a corner!

Coupon-mad

Dear Park With Ease, 

PCN xxxxxxxx - driver liability only

Re this threat:

''We have invited you to inform us who the driver at the time was. We do have images of the vehicle entering the site and should we need to we may choose to get the images enhanced in order to present them as evidence in court should you choose to allow the matter get that far.''

Go on then. 

And out of interest, who wrote your latest Notice to Keeper, your child during lockdown?

yours faithfully,

your name

'REGISTER KEEPER'(sic)

teddymasterned

Thanks for the replies all, little bit of time on my hands atm, happy to fight it!
@Coupon-mad Sent your template, let's see what they conjure back. 
@MistyZ Honesstly just didn't see the signs or pay machine, it was my first time to that park. I will check out over threads, thanks for the heads up. 

Also sent a SAR their way to spice things up aswell lol

Will update when i hear back

Redx

we all know what you will hear back, a rejection , they will reject your appeal, or complaint, they want your money, nothing else will do (and POPLA was never an option, not with an IPC member)

teddymasterned

@Redx So what do you suggest?

Redx

I suggest you will be at an impasse, no yielding by either side

there are no easy getouts unless the landowner cancels it, so if you have read the newbies thread you will already know all the suggestions , so what suggestions did you expect ?

its either pay or fight , you appear to not want to pay, so by default you are fighting it as your opening post suggests

there is no magic bullet, therefore no suggestion from me

Ralph-y

So where was the park ?

Ralph

D_P_Dance

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.

MistyZ

Ralph-y said:

So where was the park ?

Would be good to know this.  On another thread, experienced member Castle asked if the PWE car park was in the Lake District as, apparently, some of their car parks there are subject to byelaws.  

From what you say it sounds like the signage (which is rarely up to scratch) may have been particularly awful.  All of this could be grist for your mill.