Park With Ease - Whinlatter How can I avoid paying the fine

robteddy

I've got what I believe is a wrongly awarded fine.

The reason I ask is that on 16.08.25 I drove through the car park, past Cyclewise Whinlatter Bike Hire Shop, into the forest a way to park off the track on the verge to have a walk and picnic with my family.

Today I have received a Parking Charge for £50.- (£30.- if paid early) from Park With Ease for 'non payment of parking'.

I do not believe that I should be liable for a parking charge as I believe I was not within the parameters of the car park.

Any help or advice as to how to avoid payment legally and without being taken to court would be gratefully received!!

Pics of notice attched, I cannot spin to get upright, sorry.

PS I cannot show a pic of the T&C's, parking notice as I live hundred miles away.
Thanks all

Car1980

They seem a particularly unscrupulous company, even amongst strong competition.

Can't find any evidence of them ever making a court claim though.

I'd just ignore.

James_Poisson

You drove into the park, paying for parking is as you exit it has nothing to do with parking in the car park, but you now have a PCN from a private parking company, it does not say "fine" on the paperwork does it?

To complicate matters for them this is forestry commission land and is covered by bye-laws so is non relevant land:

https://www.forestryengland.uk/sites/default/files/documents/Parking Code of Practice 2019- Final.pdf

Below is your NTK the right way round, redacted, they cannot hold the keeper liable with it does not conform to the PoFA  do not divulge the name of the driver, read through the newbies thread:

I have reported your first photo as it contains your name!

oldernonethewiser

Tips for hiding info on a document.

If you can't blank the info out digitally then putting some paper over parts you wish to hide before photographing  is an easy option.

Apart from the fact that the OP has left his name visible it is easy enough to read other info that is not meant for public view.

Is it worth asking to get these pics removed and the OP replacing them?

Umkomaas

If byelaws do apply to this site - please check for them @robteddy - you should make a formal complaint to the DVLA that they are misrepresenting your liability for the charge as the registered keeper. 

ccrt@dvla.gov.uk (and) KADOEservice.support@dvla.gov.uk - same complaint to each email address!

Coupon-mad

James_Poisson said:

To complicate matters for them this is forestry commission land and is covered by bye-laws so is non relevant land:

https://www.forestryengland.uk/sites/default/files/documents/Parking Code of Practice 2019- Final.pdf

Below is your NTK the right way round, redacted, they cannot hold the keeper liable with it does not conform to the PoFA  do not divulge the name of the driver, read through the newbies thread:

Umkomaas said:

If byelaws do apply to this site - please check for them @robteddy - you should make a formal complaint to the DVLA that they are misrepresenting your liability for the charge as the registered keeper. 

ccrt@dvla.gov.uk (and) KADOEservice.support@dvla.gov.uk - same complaint to each email address!

The linked Forestry Commission 'Code of Practice' says:

5.2 If your vehicle is parked as described above an additional £50 parking charge will apply and the designated ranger or other Forestry England-appointed officer will issue you, the driver, with a Parking Charge Notice requiring payment of the £50 parking charge within 28 days from issue. The charge will be reduced to £25 if paid within 14 days of it being imposed. Non-payment of parking charges levied by the Forestry Commission is breach of the Forestry Commission Byelaws 1982. 

Oh dear...PWE have put the discount as £30.

This will be a good one for the keeper to appeal - AND TAKE TO THE KANGAROO COURT IAS - on the basis:

1.  Not 'relevant land' because rules for parking and charges at this site is covered by the 1982 byelaws. Therefore the keeper cannot be held liable because this land is under statutory control as per the link.

2.  Even if the IAS (supposed solicitor or barrister) eejit isn't impressed by that and throws Elliott v Loake at it (quelle surprise), there is also the small matter that PWE have issued a NTK which breaches the Forestry Commission's Code of Practice by increasing the discount to £30 which is unauthorised by the landowner.  The Code says "The charge will be reduced to £25 if paid within 14 days of it being imposed."


You certainly DO NOT put this: "I do not believe that I should be liable for a parking charge as I believe I was not within the parameters of the car park" - can you see why not?