Unsure if it is too late to act - NPE PCN

suikanoatsui

Dear community

I received a PCN from National Parking Enforcement in Essex on 28th October. I parked my vehicle (leased) outside of a designated "patron" Nando's parking space for 2 minutes 12 seconds. I left my car, collected a package from my mother over the road, returned to my car and left. NPE has images of the signage stating Nando's patron parking only and pictures of me leaving the car.
I jumped into things straight away without first consulting this forum or advice and appealed to NPE regarding the charge stating I intended to use Nando's (which is the truth) but the waiting time was too long so opted against (again this is the truth however - I intended to use the take out service but was told over the telephone how long the wait time was). This was rejected by NPE and so I contacted the independent appeals body on the same grounds whilst also adding the short length of time I was parked for is disproportionate to the fine amount. Unsurprisingly, this was rejected.

I believe I have confirmed that I was the driver of the vehicle.
Covid happened, I moved to my family in Manchester and forgot about the parking fine for a few months. Came back down to Essex with numerous letters from CIS and NPE now demanding £160.00. The last one received was on 12th August 2020 and was a Letter Before Claim (LBC) from NPE.

I wrote a letter to NPE stating the amount is too much but I will pay £25 (OWTTE). They said they are unable to process my offer and appeal. I wrote a second letter stating the various methods I can offer payment and demanded reasoning as to why they were unable to process my offer or if they are refusing to accept my payment.

They recently wrote back saying they will call off CIS and remove the £60.00 admin fee so the charge is now £100.00.

I am in the process of speaking to the our MP to see if she can offer any support and I have also written to the local newspaper.

I understand that I have done this all in the complete wrong order but alas, experience is what you get after you need it.

Do I have any foundations to get the parking charge cleared or should I cut my losses and pay the £100?
Many thanks for any help anyone can offer.

P.S I am willing to pay £25 for the ticket if required.

D_P_Dance

It is never too late to contest these tickets as nine times out of ten they are scams, issued by scammers,  Consider complaining to your MP, sometimes it can lead to cancellation.,  Read the stickies/newbies which tell you how to beat them.   The fact that they added an unlawful £60 should not o down well with a judge.if this goes to court.  Complain to your MP.

Coupon-mad

Obviously no-one would pay £100, as these cases are won in court by posters on this forum. 

IGNORE CIS LETTERS ENTIRELY.

Now do this, so it never happens to anyone you know, or at least to say what you think the level of charge should be.  £50?

CHANNEL YOUR ANGER ABOUT THIS PATHETIC CHARGE TO CHANGE THE WAY THE PARKING INDUSTRY WORK:

CALLING ALL NEWBIES! 

 

An urgent task – deadline approaching in a week or so:

Please now make a real difference because not enough people have yet, and time is running out. 

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!

 

THAT IS HALF THE JOB DONE!

THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS. 

 

6.    You can do it first if preferred or pushed for time:

https://forms.office.com/Pages/ResponsePage.aspx?id=EGg0v32c3kOociSi7zmVqAVPfAOtwRxLhHRwQ610oElUMzhQSVo0WUQ4SERVSEZaUU9DTUhFQ1VMUy4u

If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.

THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

 

Q1.1 Please explain your answer

(free text)

 

 

Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

(free text)

 

Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

(free text)

 

Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

(free text)

 

Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

(free text)

 

Q6 Which parking charge system is most appropriate for private parking?

 a) the Three-tiered system

 b) Mirroring the Local Authority system

(free text)

 

 Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

(free text)

 

 

Q7 What level of discount is appropriate:

40% as is currently offered in private parking and suggested in the three-tiered system, or

50% as is offered in Local Authority parking?

a) 40%

b) 50%

 

Q7.1 Please explain your answer, including whether the discount should be set at a different level

(free text)

 

 

 Q8 How should the level of parking charges be set and how should the levels be revised in future?

(free text)

 

 

Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

Agree/Disagree

 

Q9.1 Please explain your answer

(free text)

 

 

Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

 

Q10.1 Please explain your answer.

You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

(free text)

 

Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

Agree/Disagree

 

Q11.1 Please explain your answer.

(free text)

 

YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

Don’t forget that answering these questions is the easier bit…

Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!

There is a discussion about PAS submissions and what the pages look like, here:

https://forums.moneysavingexpert.com/discussion/6195417/am-i-doing-something-wrong/p1

Umkomaas

What did Nando's say when you complained to them?