District Enforcement 5 different NTK

KeithP

On the back of that PCN that you have shown us it says you can appeal...

Judisparklez

KeithP said:

On the back of that PCN that you have shown us it says you can appeal...

Ugh sorry I should have double checked the letter, Thanks CM and Keith. I was going off their website which makes no mention of this option. I will also contact the land owner.

Judisparklez

As expected DE have rejected the appeal and sent 5 identical emails with photos of the car entering and exiting the car park. 
No photos of the signs which I had requested.
Same charge in each case despite three tickets being for less than 40 minutes and the other two for longer. 
Is it worth appealing to IAS or just waiting for the LBCC now? 
Not had a response to FOI yet and the land is registered to an offshore company so no joy there either. 
Will contact local MP in the meantime. 

Coupon-mad

Don't try IAS!

Have you changed the postal address to yours?  Do that now in her name, to get the monkey off her back.

I can confirm it is not Council land, Council used to lease it from a private landlord but did not renew the lease at the end of last year which is when DE got involved.

OK, so what did the private landlord say when you complained and asked was it REALLY their intention to remove the previous exemption for Blue Badge Holders, which has directly caused an elderly and vulnerable person with a Motability car to get FIVE PCNs for many hundreds of pounds, due to their carer parking (explain why/what/ the reason for parking/the visit for the disabled person and what the carer's business was in parking there). 

Ask them to intervene, please.  Be polite but horrified - this complaint can come from you.    Give your name and address not Mum's, but list ALL FIVE PCN REFS AND DATES and explain that this is your Mum and you are appalled that this is allowed to happen to people.

Remind them that the old signs used to exempt Blue Badge holders and without extra signs (as per the IPC Code of Practice section about additional signs to alert drivers to a significant change) people familiar with the car park would have no reason to expect that had changed.  

Tell them you are tempted to go to the papers but this is so unfair you wanted to give them a chance to intervene first, because you know that DE do not own the car park and the contract must surely say something about disabled visitors and they must have done a risk assessment in deciding to suddenly expose local disabled people to being sued for hundreds. 

Tell them your Mum has tried and appeal but there is NO 'independent appeal', despite what the Trade Body call it and the IAS has been denounced as a 'kangaroo court', and the country is in limbo due to the new Parking (CoP) Act 2019 not yet being fully implemented yet.  Therefore there is no appeal, no matter what DE tell their clients - there isn't.    There is a kangaroo court.

Ask for a copy of the contract they signed with DE as well.

Ask if they also intended that PCNs could be sent by post weeks later so that no driver could learn about the changes until they'd already been caught by the trap five times over?

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 in some cases, cancellation. 

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 later this year,

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

Umkomaas

Penultimate paragraph of the first page "We must apply the law uniformly......", Dyl must still think he's the Old Bill.  

Notices must:

1. not state or imply that they have any government or regulatory power if this is not the case.

IPC Code of Practice v7 Nov 2019

Coupon-mad

Also, it's illegal to apply the law uniformly to disabled people if that causes them detriment and fails to make a reasonable adjustment.

Hereford22Bsqn

If anybody receives a PCN from District Enforcement Limited, Bank Square, Wilmslow, Hope Park, Macclesfield to name a couple of sites, they must ask DE for the Landowner agreement as they do not have them in most cases.  I put a complaint in to the IPC about Dyl Kurpil the MD of DE, who swore at me in an email and the IPC have now blocked my emails to them!

Coupon-mad

Hereford22Bsqn said:

If anybody receives a PCN from District Enforcement Limited, Bank Square, Wilmslow, Hope Park, Macclesfield to name a couple of sites, they must ask DE for the Landowner agreement as they do not have them in most cases.  I put a complaint in to the IPC about Dyl Kurpil the MD of DE, who swore at me in an email and the IPC have now blocked my emails to them!

He is an ex-Copper and all...but he is on the IPC Board, effectively.

Have you mentioned this to the Government, I am SURE you could squeeze your experience into the MHCLG Q&A if you are quick:

An urgent task – deadline is MONDAY!

Please now make a real difference:  

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. 

Does it go far enough?  Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents). 

HOW TO DO THE SUBMISSIONS:

BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED :

1. You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

2. Register, log into the BSI page, and download & read the cover letter here:

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

3. Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 

 

4. Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page.  

You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

5. Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

 

Judisparklez

My mum passed away in November.  A letter before claim addressed to her arrived from Gladstones last Friday (26.02.21) Total charges for the 5 NTK plus £60 admin charge is now £800. I want your advice on who is best placed to drop the case (DE or Gladstones) and how to word the email to be most likely to be effective? I doubt there is a judge who would award a claim against a dead disabled lady, but I know there is no certainty that these companies won't try to take it to court.

I will send a copy of the death certificate, I figure there are two paths- simple note informing them or a full, righteous indignation defence.  I'm wondering whether to keep it simple for now and act as though I can't possibly conceive they would do anything other than waive it. Then if they try to pursue it I can throw everything back at them - complaint to local MP in the borough she lived in and the one where the car park is cited, complaints to the local and national press, threaten to sue both companies for harassment, SAR to DE, request copy of the landowner agreement.

Does my response need to be presented as the AoS? Is AoS even possible if the defendant has died? The matter is complicated by the fact my mum's brother is her executor, not myself so if a judgement is made it would be him who had to deal with it.

As I mentioned upthread, if it does go to court I am prepared to defend on several points, but am I right in thinking that now my mum has passed away my best angle is that the 'fine' should be abandoned as there was no due process? She was not given the opportunity to contest the charge in court, there is no established debt on the estate and she cannot defend herself now.

Since my last post I sent a letter to the landowner. As far as I can make out from local gossip (my auntie's friend) this is 3 local businessmen brothers who own some land and numerous properties in the town. The land registry listing is for a shell company in the Isle of Man though and no response from the letter I sent so not hopeful of getting it cancelled that way.