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Bank Park Parking Ticket - Merry Hill

Hi All,

I have just across this forum. I had received a Notice to Keeper (made under the Protection of Freedoms Act 2012) from Bank Park for parking at Merry Hill for overstaying maximum stay period as being the keeper. The period of parking was 03 December 2023 and the date of sending per the notice was 12 December 2023. However, the notice did not arrive until 20 December 2023 (even though the notice letter states that "this notice is deemed to have been given on the second working day after the date of sending).

Therefore, I wrote the attached email back to Bank Park on their Appeal email provided to which I received an automated email response saying that they will respond within 28 days. Nothing was heard from them until yesterday (10 February 2024) when they sent a reminder notice via post and are now asking for £90 (instead of original £50). In addition, the reminder notice now states that the appeal opportunity has now elapsed as the original notice offered to appeal within 21 days, and thus the ability to appeal is no longer available. Any help on how best to proceed would be highly appreciated.

Copying @Coupon-mad
as he seems to be an expert in these types of matters.

Thanks 
«1

Comments

  • Milly25UK
    Milly25UK Posts: 15
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    Ignore it and the begging letters NEVER ADMIT TO BEING THE DRIVER or letting them know who was.
  • Coupon-mad
    Coupon-mad Posts: 129,378
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    edited 11 February at 12:51PM
    I'm a lady! We are a whole forum of experts.

    You could ignore it or reply asking why they ignored the appeal.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 41,146
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    Copying @Coupon-mad
    as he seems to be an expert in these types of matters.
    Really? 😄

    But expert certainly. A number of other regulars aren't too bad at this stuff as well.
    did not arrive until 20 December 2023 (even though the notice letter states that "this notice is deemed to have been given on the second working day after the date of sending").
    Bank Parking are correct.  And the law supports them.  No mileage in arguing the contrary. 
    Milly25UK said:
    Ignore it and the begging letters NEVER ADMIT TO BEING THE DRIVER or letting them know who was.
    Correct to a point. Be alert for any Letter of Claim from solicitors representing Bank or a Court Claim via the Northampton CNBC. Come back on this thread if you receive either.

    What about NEWBIES FAQ Announcement, first post, Plan A?
    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
  • RST943
    RST943 Posts: 5
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    Thanks all for your comments. Certainly, I will find out why they ignored my appeal. In case, a letter of claim is received from their solicitors or the court claim, do you think I can defend it given the notice is deemed to be given on the second day after the date of sending instead of when actually received by me? Alternatively, if we do go to the court, what could be the worst outcome for me as in £90 or could they also claim for their solicitors and the court fees etc?

    @Coupon-mad: sincere apologies for the confusion, my bad.


  • Fruitcake
    Fruitcake Posts: 57,993
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    There will be other points on which you will be able to rely should it come to a court claim. Pick any of the following that are relevant

    Not the landowner
    No standing to issue charges in their own name
    Forbidding signage
    Inadequate signage
    Non-PoFA complaint NTK (wording)
    IPC CoP failures
    Anything else relevant.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Trainerman
    Trainerman Posts: 1,211
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    edited 11 February at 7:30PM
    The late arrival of PCN argument will not work. How would you prove it? However, there are many different approaches to take. It would help if you could post  both sides of the PCN but redact all personal details.
  • RST943
    RST943 Posts: 5
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    Hi All,

    Following our above discussion, I emailed Bank Park on 12th February asking why no response has been provided to my previous appeal. However, as expected no response was made to my emails and instead this morning their debt collector has sent a letter with a notice of recovery for an unpaid parking charge of £160. The notice states that I am no longer able to appeal, and I now have 14 days to make the payment or discuss the repayment with them. However, the notice also states that this case is not subject to high court of bailiff action, however, should I fail to contact them, they will recommend Bank Park to commence a legal action against me.

    Following this, I have emailed Bank Park again to understand why response has been provided to my appeal and why I have lost my right to appeal. However, I expect they will not respond. If so, do you suggest me just ignoring the notice from the debt collector, and what will happen if I do not pay?

    @Trainerman
    As requested, I have attached the redacted front and back pages of the PCN.
  • Debszzzz2
    Debszzzz2 Posts: 208
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    edited 24 February at 1:57PM
    We need to see the dates. Date of alleged contravention (03/12/2023 according to the timestamp) AND the date of the NtK.

    The postal NtK is "deemed" to have been delivered two working days after the issue/posting date. If the date of the alleged contravention is 3rd December 2023, the NtK must have been delivered by the 17th December 2023 if they intend to rely on keeper liability. However, the 17th December is a Sunday. Therefore the NtK would have needed to have been deemed delivered by Friday 15th December. This means that, in order to comply with the requirements of PoFA, the issue date of the NtK has to have been no later than the 13th December 2023.

    In this case, if the issue date on the NtK is later than 13th December 2023, it is not PoFA complaint and the keeper cannot be liable unless they admit to also being the driver.

    So, what is the issue date of the NtK?
  • Coupon-mad
    Coupon-mad Posts: 129,378
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    edited 24 February at 6:39PM
    Not that it changes our advice, which is:

    ignore it and read the second post of the NEWBIES thread which explains what happens and why there's no risk as long as people don't do something silly like move house and not tell the scammers.

    We don't need to repeat what's already covered in the sticky thread.

     :) 
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Nellymoser
    Nellymoser Posts: 211
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    As you've been affected by PPC's posting issues please consider supporting this.

    So many people don't receive 1st and/or 2nd pcn but the £170 payment due letter often manages to drop through letter boxes. PPCs always claim discounted rate/full rate pcns/court claim letters were sent as dated though they offer no evidence to prove this.

    Since they CHOOSE NOT to provide evidence of their posting we must continue to press gov to ensure they do and see it included in the new Parking CoP. Please sign/share @jmccabe petition closes 22nd june 2024.

    https://petition.parliament.uk/petitions/652355
    Require communications from Private Parking companies to be traceable/trackable
    Thank you and good luck fighting your charge.
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