Civil Enforcement PCN at Ibis Budget Barking London

Jamran

Hi everyone. 

A relative visiting from abroad was staying at Ibis Barking. I went to drop them off at their hotel and saw it stated drop off was 15 minutes. As they were elderly, I helped them take their bags etc to their room. By the time I came down I wasn’t sure if 15 minutes had elapsed so I asked the staff at the reception. They said I was ok and within the time limit so I thought nothing of it and left. Sadly, I received a ticket through the post demanding payment. I read the newbies thread and appealed using the template, which was unsurprisingly rejected. This is part of their response:

“We refer to your recent correspondence.

We have carefully reviewed your appeal and/or evidence provided, taking into consideration all the points you have raised in

relation to this Parking Charge Notice.

On this occasion, your appeal has been unsuccessful for the following reason:

We have no record of the above vehicle being registered to be exempt from the parking restrictions in place on the day in

question.

There are many clear and visible signs displayed on the site advising drivers of the regulations in force and we maintain a

continuous log confirming that the signage remains in place.

It is the responsibility of the driver to ensure they adhere to the parking terms.

It is the drivers responsibility to pay this PCN.

However, in England and Wales, if after 28 days from the Issue Date, this PCN has not been paid or you have not provided

us with the name and current address for service of the driver, then under Section 4 of the Protection of Freedoms Act 2012

we do now have the right, subject to the requirements of the Act having been complied with, to recover from the Registered

Keeper at the time the vehicle was parked, sums that remain unpaid.

Alternatively, you can of course make a payment directly to us and recover the amount due from the driver.

It is therefore our position that the Parking Charge was validly issued because of the above detailed breach of the terms and

conditions set out on signs in the car park. You have now reached the end of our internal appeals procedure.”

I am now at POPLA stage and would like help in appealing to get this cancelled. I complained to Accor (parent company of ibis) who rejected me with the following:

“ Dear Mr. XXX,

I hope this email finds you well.

 

Please accept our sincere apologies for any inconvenience caused.

When guests inquire about parking at our hotel, our staff inform them that parking is free for the first 15 minutes. For stays longer than 15 minutes, there is a charge of £10 for 24 hours. This information is clearly displayed throughout the premises to ensure all guests are aware of the parking policy.

Unfortunately, as this issue occurred over two months ago, we are no longer in a position to resolve it.

We truly regret any inconvenience this may have caused and appreciate your understanding.”

I then responded by stating the following:

“Hi,

Your staff advised me NOT to register as I was less than 15 minutes according to them. I contacted you because YOU ARE the landowner so can instruct the parking company to cancel whenever you want! They work for YOU! So this excuse that because it’s been more than 2 months is false and unacceptable. Please raise a formal complaint and process it as such. I’ll also be emailing your CEO executive team to raise this as a complaint if this isn’t cancelled. 

Regards”

I’m still waiting for their response. In the meantime I’ll also email the CEO today to complain to them. 

Whilst I wait for this I’d like to write up my POPLA and would appreciate any help. 

Many thanks

Nellymoser

Have a look at the POPLA Decisions Announcement thread, it's above the NEWBIES.

Coupon-mad

Jamran said:

Hi everyone. 

A relative visiting from abroad was staying at Ibis Barking. I went to drop them off at their hotel and saw it stated drop off was 15 minutes. As they were elderly, I helped them take their bags etc to their room. By the time I came down I wasn’t sure if 15 minutes had elapsed so I asked the staff at the reception. They said I was ok and within the time limit so I thought nothing of it and left. Sadly, I received a ticket through the post demanding payment. I read the newbies thread and appealed using the template, which was unsurprisingly rejected. This is part of their response:

“We refer to your recent correspondence.

We have carefully reviewed your appeal and/or evidence provided, taking into consideration all the points you have raised in

relation to this Parking Charge Notice.

On this occasion, your appeal has been unsuccessful for the following reason:

We have no record of the above vehicle being registered to be exempt from the parking restrictions in place on the day in

question.

There are many clear and visible signs displayed on the site advising drivers of the regulations in force and we maintain a

continuous log confirming that the signage remains in place.

It is the responsibility of the driver to ensure they adhere to the parking terms.

It is the drivers responsibility to pay this PCN.

However, in England and Wales, if after 28 days from the Issue Date, this PCN has not been paid or you have not provided

us with the name and current address for service of the driver, then under Section 4 of the Protection of Freedoms Act 2012

we do now have the right, subject to the requirements of the Act having been complied with, to recover from the Registered

Keeper at the time the vehicle was parked, sums that remain unpaid.

Alternatively, you can of course make a payment directly to us and recover the amount due from the driver.

It is therefore our position that the Parking Charge was validly issued because of the above detailed breach of the terms and

conditions set out on signs in the car park. You have now reached the end of our internal appeals procedure.”

I am now at POPLA stage and would like help in appealing to get this cancelled. I complained to Accor (parent company of ibis) who rejected me with the following:

“ Dear Mr. XXX,

I hope this email finds you well.

 

Please accept our sincere apologies for any inconvenience caused.

When guests inquire about parking at our hotel, our staff inform them that parking is free for the first 15 minutes. For stays longer than 15 minutes, there is a charge of £10 for 24 hours. This information is clearly displayed throughout the premises to ensure all guests are aware of the parking policy.

Unfortunately, as this issue occurred over two months ago, we are no longer in a position to resolve it.

We truly regret any inconvenience this may have caused and appreciate your understanding.”

I then responded by stating the following:

“Hi,

Your staff advised me NOT to register as I was less than 15 minutes according to them. I contacted you because YOU ARE the landowner so can instruct the parking company to cancel whenever you want! They work for YOU! So this excuse that because it’s been more than 2 months is false and unacceptable. Please raise a formal complaint and process it as such. I’ll also be emailing your CEO executive team to raise this as a complaint if this isn’t cancelled. 

Regards”

I’m still waiting for their response. In the meantime I’ll also email the CEO today to complain to them. 

Whilst I wait for this I’d like to write up my POPLA and would appreciate any help. 

Many thanks

There's no point trying POPLA unless the signs are unclear. Could you go back on foot and get pics? Including how people pay this £10 and a pic of a complete lack of signs at the Hotel reception.

BTW when I saw 'no point in POPLA' I do NOT mean you pay the thing. Nope. Read the MSE Guide linked at the top of the page, which explains every stage.

Jamran

Coupon-mad said:

Jamran said:

Hi everyone. 

A relative visiting from abroad was staying at Ibis Barking. I went to drop them off at their hotel and saw it stated drop off was 15 minutes. As they were elderly, I helped them take their bags etc to their room. By the time I came down I wasn’t sure if 15 minutes had elapsed so I asked the staff at the reception. They said I was ok and within the time limit so I thought nothing of it and left. Sadly, I received a ticket through the post demanding payment. I read the newbies thread and appealed using the template, which was unsurprisingly rejected. This is part of their response:

“We refer to your recent correspondence.

We have carefully reviewed your appeal and/or evidence provided, taking into consideration all the points you have raised in

relation to this Parking Charge Notice.

On this occasion, your appeal has been unsuccessful for the following reason:

We have no record of the above vehicle being registered to be exempt from the parking restrictions in place on the day in

question.

There are many clear and visible signs displayed on the site advising drivers of the regulations in force and we maintain a

continuous log confirming that the signage remains in place.

It is the responsibility of the driver to ensure they adhere to the parking terms.

It is the drivers responsibility to pay this PCN.

However, in England and Wales, if after 28 days from the Issue Date, this PCN has not been paid or you have not provided

us with the name and current address for service of the driver, then under Section 4 of the Protection of Freedoms Act 2012

we do now have the right, subject to the requirements of the Act having been complied with, to recover from the Registered

Keeper at the time the vehicle was parked, sums that remain unpaid.

Alternatively, you can of course make a payment directly to us and recover the amount due from the driver.

It is therefore our position that the Parking Charge was validly issued because of the above detailed breach of the terms and

conditions set out on signs in the car park. You have now reached the end of our internal appeals procedure.”

I am now at POPLA stage and would like help in appealing to get this cancelled. I complained to Accor (parent company of ibis) who rejected me with the following:

“ Dear Mr. XXX,

I hope this email finds you well.

 

Please accept our sincere apologies for any inconvenience caused.

When guests inquire about parking at our hotel, our staff inform them that parking is free for the first 15 minutes. For stays longer than 15 minutes, there is a charge of £10 for 24 hours. This information is clearly displayed throughout the premises to ensure all guests are aware of the parking policy.

Unfortunately, as this issue occurred over two months ago, we are no longer in a position to resolve it.

We truly regret any inconvenience this may have caused and appreciate your understanding.”

I then responded by stating the following:

“Hi,

Your staff advised me NOT to register as I was less than 15 minutes according to them. I contacted you because YOU ARE the landowner so can instruct the parking company to cancel whenever you want! They work for YOU! So this excuse that because it’s been more than 2 months is false and unacceptable. Please raise a formal complaint and process it as such. I’ll also be emailing your CEO executive team to raise this as a complaint if this isn’t cancelled. 

Regards”

I’m still waiting for their response. In the meantime I’ll also email the CEO today to complain to them. 

Whilst I wait for this I’d like to write up my POPLA and would appreciate any help. 

Many thanks

There's no point trying POPLA unless the signs are unclear. Could you go back on foot and get pics? Including how people pay this £10 and a pic of a complete lack of signs at the Hotel reception.

BTW when I saw 'no point in POPLA' I do NOT mean you pay the thing. Nope. Read the MSE Guide linked at the top of the page, which explains every stage.

Hi here are the images of the signs. The signs are really poor and unclear. What do you think?
e 

Coupon-mad

Bit of a mess isn't it? Not entirely convinced a POPLA Appeal would work but you can try. You won't be paying even if you lose.

Jamran

Coupon-mad said:

Bit of a mess isn't it? Not entirely convinced a POPLA Appeal would work but you can try. You won't be paying even if you lose.

Why do you think POPLA appeal won’t work? Has POPLA become that bad now? I remember appealing a PCN few years back and won at POPLA. 

Coupon-mad

Yep POPLA is worse.

Jamran

Here is the original NTK. The reason for the PCN is “Failed to obtain a permit in accordance with the notified terms” but the driver was only there for a drop off for a few minutes. The PCN has no timestamp images whatsoever. 
I’m assuming this is a major omission? Also,  this isn’t POFA compliant as it was sent more than 14 days after the PCN issue date. Am I correct?

1505grandad

"Here is the original NTK."

That is a reminder not the original pcn.

Coupon-mad

The PCN has no timestamp images whatsoever.  I’m assuming this is a major omission? 

That is a potential POPLA winning point. 

Also, this isn’t POFA compliant as it was sent more than 14 days after the PCN issue date. Am I correct?

No because that isn't the NTK. Did they (apparently) not bother to send one, which means no discount was ever offered to you?

Jamran

Coupon-mad said:

The PCN has no timestamp images whatsoever.  I’m assuming this is a major omission? 

That is a potential POPLA winning point. 

Also, this isn’t POFA compliant as it was sent more than 14 days after the PCN issue date. Am I correct?

No because that isn't the NTK. Did they (apparently) not bother to send one, which means no discount was ever offered to you?

Yes. That was the first notice I got of the incident