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Is there any way to just pay the parking charge, not the pcn?

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Hello there,
The driver of the vehicle parked in a car park run by nexus group, they must have changed the car park policy at some point as it used to be different but it is now from 20:00, there is a charge. Driver parked there for an hour then left. My question is, is there any way around this or just pay the fine? Please see pictures for more details

Kind regards,

«1345

Comments

  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Where on any of that paperwork does it mention the word "fine"
    No this is an unregulated parking scammers industry they won't accept the original fee, breaking their made up rules is the only way the parking company make money, the land owner gets the parking fees  so you are in this for the long haul.
    But there is no reason to pay these extortionate charges, it's all in the newbies thread on here go and study it then come back if you need more help.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    On that picture of a sign that we have been shown are these words...
     
    The sign says "Managed and operated on behalf of Victoria Centre by CP Plus Ltd".

    I am sure I have read something about the words 'on behalf of' in this context being some sort of failure, but I cannot remember the details. Can anyone help with this?
  • Coupon-mad
    Coupon-mad Posts: 151,888 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 10 November 2023 at 10:43PM
    Hello there,
    The driver of the vehicle parked in a car park run by nexus group, they must have changed the car park policy at some point as it used to be different but it is now from 20:00, there is a charge. Driver parked there for an hour then left. My question is, is there any way around this or just pay the fine? Please see pictures for more details

    Kind regards,

    The sign says "Managed and operated on behalf of Victoria Centre by CP Plus Ltd".
    I am sure I have read something about the words 'on behalf of' in this context being some sort of failure, but I cannot remember the details. Can anyone help with this?
    Yep. Fairlie v Fenton applies.

    Where's the car in the second image?
    Out on the street? Or have you covered it so well it's not visible?

    Of course you don't pay this.  Lack of signs telling of the change of terms, that could be read in the dark.

    Google Streetview shows the terms were different just 6 months ago, with an £85 PCN and a 2 hours free parking regime, so this change and stupid hike and change to pay & display is recent.

    Maybe 3 months ago according to reviews:



    Also is that blue sign still on the wall?
    Or ANY old 2 hour signs anywhere in corners?

    Where are the machines or prominent, well-lit signs about paying by app?


    Where are the signs inside drawing attention to a pay & display rule? Go and take some damning photos of
    no visible signs (or old 2 hour signs)  IN THE DARK and you'll win the appeal.



    Anyway, not sure why you are calling it a 'fine' and don't mention having read the NEWBIES FAQs sticky thread first, and are trying Plan A? Complaints needed.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thank you for all your responses.
    @Coupon-mad Yes, the car isn't actually in the picture in the latter photo, does this make a case?
    Yes, the blue sign is still there but along with a new sign with the updated policy, aside from being at the entrance, it's not lit. I've just been up and took some photos of signage.

    Apologies, I've just went back and read the newbies, I'll certainly complain to the retail centre, are there any templates that I can lean on that you could recommend? I'm unsure of the best wording when broaching these topics with companies.

    Kind regards,
    Nomad 
  • Coupon-mad
    Coupon-mad Posts: 151,888 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 11 November 2023 at 1:27AM
    Successful complaints links and examples have been the first link in the NEWBIES thread for years!

    You should be complaining that there are no prominent extra signs at the entrance to alert drivers to the change that seems to have caught a lot of locals out this Summer, and the shopping park's Trustpilot rating is falling off a cliff & shoppers are vowing not to return.

    Complain to whoever runs the retail park. Easy to Google and find.  Do that FIRST.

    DO NOT SAY WHO WAS DRIVING!

    Say:

    As a family we feel like boycotting this place now and telling all our friends. We are incensed that you've allowed your parking agents to change the terms with NO PROMINENT ALERTS to tell drivers about this huge change, and NO PAY MACHINES EITHER.  It is not enough to just change the existing signs.

    Paying by phone is all well and good if you know about it and have a mobile phone. Not sure why you want to drive away elderly shoppers with no phones.  But regardless of that, why would anyone of any age, look at a sign here, if they know the car park offers 2 hours free (which the unchanged blue entrance sign still does, with no times or caveats).

    How on earth are drivers meant to know?  This is appalling and we ask you to step in and cancel it before we go to the local papers and Social Media (as other reviewers have already). Did you know that the private parking industry - BPA members included - has just this Sumner been described as in 'market failure' by the Government, for "extorting money from motorists"?  Why would you let Group Nexus change the rules and charge victim shoppers £100 at a time when the Government is clamping down, regulating the rogues and reducing parking charges in 2024? Could it be they didn't tell you about the Government's impending changes and are looking to make hay while the sun shines, at your retail park's expense?

    Yes, the car isn't actually in the picture in the latter photo, does this make a case?

    Yes. Their timings on this NTK are out, which means the NTK fails to show or state the correct period of parking and is in breach of para 9 of Sch4 POFA (you know, the law that the NEWBIES thread tells everyone about).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Nomad_Stan
    Nomad_Stan Posts: 40 Forumite
    10 Posts First Anniversary Name Dropper
    edited 11 November 2023 at 11:57AM
    @Coupon-mad Brilliant, thank you so much for your response. I'll look up who runs the centre today and get in touch with them. Would you recommend mentioning that the car isn't even in the picture to the company or just leave that for if it goes further?
    Folk like yourselves are the unsung heroes of this era, my hat's off to you all, thank you.

    Nomad
  • Umkomaas
    Umkomaas Posts: 43,369 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    @Coupon-mad Brilliant, thank you so much for your response. I'll look up who runs the centre today and get in touch with them. Would you recommend mentioning that the car isn't even in the picture to the company or just leave that for if it goes further?
    Folk like yourselves are the unsung heroes of this era, my hat's off to you all, thank you.

    Nomad
    I think I would mention it - 'your parking agent takes a photo of my car coming into your car park, then a photo of the exit point with no car showing in it, just a computer generated time record, then tries to pin a parking charge on me for the vehicle 'overstaying', with absolutely no concluding evidence whatsoever', ...... or similar wording.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • UncleThomasCobley
    UncleThomasCobley Posts: 654 Forumite
    500 Posts Photogenic Name Dropper
    edited 11 November 2023 at 1:30PM

    Another PoFA fail... In their NtK, they do not mention who the "creditor" is. They just state "we".

    PoFA 2012 Schedule 4 para 9(2)

    (f) warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

    (i) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

    (ii) the creditor does not know both the name of the driver and a current address for service for the driver,

    the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

    ...

    (h) identify the creditor and specify how and to whom payment or notification to the creditor may be made;

    The word "creditor" is mentioned 37 times in Schedule 4... there is a reason for that.

  • Good afternoon all,
    Thank you for all the responses. I've managed to track down the owners of the land via land registry and it seems to be an oversees investment company called 'Eagle crest (consett) limited.' I am however struggling to find any email addresses or even  websites to get in touch with someone. I'll report back when I have more.

    I have also been into alot of the shops around there and everybody has the same story, everybody is sick and every single person I spoke to weren't even aware of the changes to the pricing.
  • This estate agent who advertised some of the retail units may know who you can complain to. 

    https://www.smithpricerrg.co.uk/cog-media/property/101/101327/CG_Unit_D_Victoria_Centre_Consett_brochure_2018-05-11-11-18-34.pdf
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