Park with ease, Berry Head - parking charge

joet64

Hi,

I was hoping for some advice regarding a parking fine from mid August. So far I have been sent three letters from PWE the most recent a 'legal action pending', but have not contacted them or otherwise appealed. What are the considerations here; is there form at this company/site making a court claim? Would it be worth appealing with them at this stage? I am also wondering what the potential risk is to going to court and typical costs if the case is lost? Presumably costs are paid by the losing party. Thanks for any advice.

Le_Kirk

Did you miss the NEWBIE sticky just below where you clicked on New Thread?  All you require is in there.

joet64

Yeah have read the sticky a couple of times.

Le_Kirk

If it didn't answer your questions, you could try a forum search or ask Auntie Google to look at the Civil Procedure Rules (CPR) about Small Claims Court allowed costs.

Redx

They have 6 years to issue a court claim pack from the CCBC in Northampton by using MCOL

A loss in court is the original charge plus legal and court costs , so say double the PCN

Umkomaas

is there form at this company/site making a court claim?

In 2019, PWE (I presume it's Park With Ease) made 9,401 requests for keeper data from the DVLA. They were involved in just 2 county court cases, which may or may not have been parking-related. 

I am also wondering what the potential risk is to going to court and typical costs if the case is lost? 

£175-£200ish

Would it be worth appealing with them at this stage?

Probably not given the time lapse since the parking event, but fire off the template and see what happens. It at least shows you have engaged in the process of trying to resolve this. 

fisherjim

As I remember it from previous threads on here and pepipoo this is one of those strange sites where the land is owned by Torbay Council, leased to Torbay Coast and Countryside Trust, but still has council off street parking regs attached.

RobinofLoxley

fisherjim said:

As I remember it from previous threads on here and pepipoo this is one of those strange sites where the land is owned by Torbay Council, leased to Torbay Coast and Countryside Trust, but still has council off street parking regs attached.

The land was covered by a Torbay Council TRO from 2013, which stated that all parking enforcement was the responsibility of the council's civil enforcement officers.

After it was brought to the councils attention that Premier Park the previous incumbent PPC were issuing PCN's without authorisation, they got very nervous and revoked the previous TRO in October 2016.

Over the period March 2013 to October 2016 Premier Park will have issued many PCN's and falsely raked in thousands of pounds from unauthorised charges. 

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, sometimes it can lead to cancellation.,  Include RoL's information  above.

Coupon-mad

I am also wondering what the potential risk is to going to court and typical costs if the case is lost? 

£175-£200ish.

Just to clarify, that is the entire cost for the 1% of people who lose (i.e. it includes £100 parking charge).  You can see why we do this.  There is no rick and no CCJ and no huge costs in play, if you simply do what the NEWBIES thread tells you to do.

An urgent task – deadline is MONDAY!

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