SUCCESS - PCN for “failure to claim free parking session” cancelled by Bank Park

Purrp73

Update: SUCCESS!!! 

Bank Park Management cancelled the PCN

Original Post:

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I received a NTK letter with a £100 parking charge for “failure to claim free parking session”. 

I had already sent them an appeal request email before finding this forum, asking for further evidence that shows I didn’t claim the session, as their letter only shows the vehicle entering and leaving the parking lot within the appropriate time frame.

I have since read the newbies guide, and sent them another email based on the template. (Both emails are attached as a screenshot below).

Here’s my dilemma. Today is the last day to pay the reduced amount (£60). I received the letter late last week, so my 14 day window was already cut short, and I haven’t received any response about my appeal yet, or even confirmation that they’ve received my emails.

Is it worth risking paying that extra £40 just to see if my appeal works out or not? Especially as I already sent the initial email before finding this forum - so has that completely ruined my chances? Money is tight; the £60 is already a tough pill to swallow, but I could (begrudgingly) pay the additional £40 if I had to.

I don’t remember what I did on the day they reference, and I don’t hold onto my tickets for that long, so I have no evidence to prove I did in fact get a ticket, nor do I have proof that their machine may have been out of service that day. I know legal burden of proof is on them, but I have no leg to stand on either.

My only real defence is that a £100 charge, for what would have been FREE parking, is completely disproportionate and unreasonable.

Is that enough to win an appeal? Would I have any success if I emailed them asking for them to pause escalation pending appeal response?

Or should I pay the £60 whilst I still can, stating that I am being forced to pay under duress and I still dispute the charge - and hope they still consider my appeal? 

Attached context: 

My initial email:
(I feel like I haven’t admitted to anything, so maybe it’s not too detrimental to my case?)

My second email, using the template from this site.

The NTK letter I received:

DE_612183

There is a set wording in  the newbees thread - basically you say you are the keeper, and you are not going to say who the driver is, and they can't shift the blame from the driver to the keeper so they can go swivel...or words to that effect.

Purrp73

DE_612183 said:

There is a set wording in  the newbees thread - basically you say you are the keeper, and you are not going to say who the driver is, and they can't shift the blame from the driver to the keeper so they can go swivel...or words to that effect.

So you don’t think I botched the ability to use this tactic with my initial email? I know I didn’t explicitly confirm that I was the driver, but I did use a lot of “I” statements, and referenced that I do use the car park. 

Purrp73

Ok I’ve also sent them an email with the other template from the newbies guides. 

I guess I’m committing! …I really hope I haven’t shot myself in the foot, I don’t want to end up paying that £100 🥹

Car1980

"Failure to claim free parking" is a very odd one.

You'd need an unusual contract to make that breach work and sounds open to them limiting any remedy to a couple of quid rather than £100.

Coupon-mad

Is that NTK missing a page?

The end of page one doesn't make sense.

Purrp73

Coupon-mad said:

Is that NTK missing a page?

The end of page one doesn't make sense.

It’s double-sided:

And the other side of the second page is the payment / driver identification form. 

Purrp73

Car1980 said:

"Failure to claim free parking" is a very odd one.

You'd need an unusual contract to make that breach work and sounds open to them limiting any remedy to a couple of quid rather than £100.

Yeah it’s a complete scam. And their limited signage is just a visual mess: 

Coupon-mad

It certainly is!

But the NTK page that you didn't show us at first, is the one that confirms that Bank Park can hold you liable as keeper under the POFA.

Not that you'll ever pay.

That contract/sign and lack of any loss or legitimate interest would not stand up in court.

Car1980

Failure to claim cannot be a breach of contract.

Claim: a request for something considered one's due or a right or title to something.

fisherjim

So their wonderful technology has confirmed that you had 30 minutes free which you complied with according to their ANPR system.

The sign says 30 Mins Free then underneath (with a ticket from Machine) 30mins to 1hr £2

I could take that that 30 mins is free but after that you need a ticket from the machine!

But in any case the signage on the entrance is non existent and does not conform to any rules or COP , you could even think there are no terms and conditions or restrictions in force.

It is typical of a total honeytrap: