9 Euro Parking Services NTK (& Counting). Need Help.

Ibzguy123

Coupon-mad said:

do I need to appeal each one individually?

Yes - but not yet.

I guess appeal late as possible? The 11th of July, on the letters. 

My concern is that I now have 5 of these and my colleague has 4. Currently I'm being "charged" £500 my worry is this could build up to £2000+. Will ECP see me as a "big fish" and take court action? In that case would it have to be court action for each individual charge or for all of them as a whole.

What can expect from a POPLA appeal down the line?

Thanks for your help, I really appreciate it. I do have one another question which is why are the dates on this so broad? Does the camera pick up every single contravention? The earliest I got is from the 1st and the latest is the 13th with a few in between. Can I expect any more for those dates in between?

Ibzguy123

zhonguonuren said:

Hi OP.  I just happened to be online.
 

The tenancy agreement would definitely help.  

If you can prove you sent the email it will be sufficient.  If the company say it did not receive it that is not your problem.

Do you know who the landowner is?  If not, I can help you with that if you DM me.  I am not on here very often as still trying to save Hayle Harbour! 

As far as the email goes I have the message ID from google which shows it was sent. The tenancy agreement should show that we're entitled to 2 parking spots as part of that agreement. I'll confirm once I have it on Monday.

It's a free car park anyway, the charge is for failing to register. I mean it sounds murky as they're not technically owed any money for me not registering. What foundation would they have in court? 

I've DM'd you regarding the landowner query. 

Umkomaas

Will ECP see me as a "big fish" and take court action? In that case would it have to be court action for each individual charge or for all of them as a whole.

Quite possibly. If they serve individual court claims, you would (continue to) badger the court for consolidation. 

What can expect from a POPLA appeal down the line?

Either a win (charges cancelled), or a loss (still no requirement on you to pay the charge). 

I do have one another question which is why are the dates on this so broad? Does the camera pick up every single contravention? The earliest I got is from the 1st and the latest is the 13th with a few in between. Can I expect any more for those dates in between?

That's three questions (!) - for which I'm afraid there are no definitive answers we can give you. Who knows whether there will be any more to come. ANPR cameras capture entry and exit vehicle movements, but they are far from perfect. Depends how well they were operating on the day. ANPR is not infallible technology, but it works well enough to give millions of motorists grief every year.

Ibzguy123

Umkomaas said:

Will ECP see me as a "big fish" and take court action? In that case would it have to be court action for each individual charge or for all of them as a whole.

Quite possibly. If they serve individual court claims, you would (continue to) badger the court for consolidation. 

I've looked on some legal sites, specifically one of a law firm my company has used before and they mention that ultimately it's up to the landowner and that we can be taken to court for loss of income and admin expenses. In this case there is no loss of income, it's free parking that we were supposed to get anyway.

https://www.qualitysolicitors.com/small-claims-service/parking-ticket

Honestly I've never been in this situation before but the more I look at it the more scammy it gets, especially in this specific case. I suppose now I just need to wait until Monday to see what the building management company say.

Coupon-mad

No-one has been in this situation before who come to us on this forum, but we help 99% of people win.

Please don't read random ill-advised websites.  A parking charge has nothing to do with any 'loss' and that argument does not stack up.

Nor was I telling you to appeal late.

Just urging you to exhaust PLAN A first and not appeal too early.

Ibzguy123

Thanks, I appreciate the help. 

The random was off a law firm that we've used before, it's likely down the line we may well have to use their services but hopefully Plan A works. If the building management company can't resolve it then I'll attempt to get in touch with the actual landowner. 

Nor was I telling you to appeal late.

Just urging you to exhaust PLAN A first and not appeal too early.

Yeah I just meant leaving it until the last possible day to appeal. 

Coupon-mad

 it's likely down the line we may well have to use their services

You absolutely don't. Not for a small claim re a private PCN! 

Ibzguy123

Coupon-mad said:

 it's likely down the line we may well have to use their services

You absolutely don't. Not for a small claim re a private PCN! 

I wasn't planning on it  when it was one letter, small claim however like I said I've now got 5 and my colleague has 4. We could potentially end up with over 15 privat PCNs each. In the long would that be a small court claim for each? Or would it be simply that I owe £1500+? I feel like they'd be more likely to me to court if I've the PCN adds up to a huge amount. 

It's for that reason I'm considering the solicitor. But also to take action against the building management company who haven't fulfilled their obligation of providing us with parking spaces.

I'm not even sure the contravention - "failing to enter the vehicle registration number at the kiosk on site" applies because as tenants we didn't need to

Coupon-mad

It doesn't apply to you and they have your data unlawfully.  They had no reasonable cause to obtain it so you can also complain to your MP and to the DVLA.  All of you can object to the DVLA releasing data to that private company and insist they stop.

In the long would that be a small court claim for each?

Same as other cases here: one claim to you. One claim to the colleague.  These county court claims are not CCJs (as long as they are not ignored) and are perfectly defendable.

We deal with 'multi ticket' parking court claims and defences here every week.  Your solicitor doesn't.

However, sending a solicitors letter (split the cost between you and your colleague) might not be a bad idea at this point if you'd like to end it now.

But i'd still also object to the DVLA and complain that this firm is issuing PCNs outside of the enforced bays and you specifically object to the DVLA releasing your data to that firm.

Ibzguy123

Coupon-mad said:

In the long would that be a small court claim for each?

Same as other cases here: one claim to you. One claim to the colleague.  These county court claims are not CCJs (as long as they are not ignored) and are perfectly defendable.

So we're looking at one court claim for the 5 PCNs I have now and another one for the 4 PCN's my colleague has. 

However, sending a solicitors letter (split the cost between you and your colleague) might not be a bad idea at this point if you'd like to end it now.

That sounds like a good idea, we'll bill to our company anyway. I also want to take legal action against building management because they've dropped the call here big time.

Thanks for the advice on the DVLA, I'll get in touch. Do I go their site to complain?