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New Generation Parking Management - 'On Yellow Lines'

2

Replies

  • ManxRedManxRed Forumite
    3.5K Posts
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    According to that quoted passage the documents are to be sent to the PPC, not the motorist. 'The CREDITOR is given....' being the giveaway.
    Je Suis Cecil.
  • CastleCastle Forumite
    3.6K Posts
    Seventh Anniversary 1,000 Posts Name Dropper
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    ManxRed wrote: »
    According to that quoted passage the documents are to be sent to the PPC, not the motorist. 'The CREDITOR is given....' being the giveaway.
    The hire company has to send the documents to the PPC under para 13(2) and in turn the PPC has to send the same documents to the motorist under para 14(2). NGP may be the Creditor but it's not mentioned on the NTK.
  • ManxRedManxRed Forumite
    3.5K Posts
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    Castle wrote: »
    The hire company has to send the documents to the PPC under para 13(2) and in turn the PPC has to send the same documents to the motorist under para 14(2). NGP may be the Creditor but it's not mentioned on the NTK.

    You're right, didn't spot that!
    Je Suis Cecil.
  • mnavarramnavarra Forumite
    37 Posts
    Part of the Furniture Combo Breaker
    Fastest way to get these cancelled is to speak to whoever hired them. Have you contacted Andrew Collier to find out?

    UPDATE: I emailed land owner/agent Andrew Collier. He replied saying:

    Matt,

    Thank you for your email. I act for the landlord on the leasing on this park, but not the day to day management. I have forwarded your email to the landlord who will ask the managing agent to respond direct to you.

    Regards

    Andrew
  • mnavarramnavarra Forumite
    37 Posts
    Part of the Furniture Combo Breaker
    UPDATE: I also submitted an appeal to the PPC. I just has a response stating they have reviewed my case and accepted my appeal and cancelled the PCN.
  • Ralph-yRalph-y Forumite
    4.5K Posts
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
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    well done :j

    would you kindly consider posting up your appeal .... as it mat well help future victims of such scams

    merry xmas

    Ralph:cool:
  • bod1467bod1467
    15.2K Posts
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    Good to see that Arval are doing the right thing and not just paying the PCN then fleecing the lessee.
  • mnavarramnavarra Forumite
    37 Posts
    Part of the Furniture Combo Breaker
    Arval stil charged me £ 12 for admin to forward PCN to me and not auto pay charge to PCC
  • Coupon-madCoupon-mad
    105.7K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
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    mnavarra wrote: »
    Arval stil charged me £ 12 for admin to forward PCN to me and not auto pay charge to PCC

    You might be able to get that refunded, tell Arval the PCN was cancelled when appealed - show proof - and ask if under those circumstances they refund the admin fee charged. Some lease hire firms definitely do (Europcar maybe).

    Worth asking. Be really polite and wish them the compliments of the season. :)
    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
  • mnavarramnavarra Forumite
    37 Posts
    Part of the Furniture Combo Breaker
    This was the 1st appeal I sent online to NGP Ltd only a few days ago. I also sent an email to the site landlord to complain about the charge:

    Dear NGP Ltd

    RE: PCN No. xxxxxxxxx

    I would like you to know I (as the registered keeper of the vehicle) am not ignoring your letter suggesting my liability for a charge related to a parking infraction that you state took place on xx September 2015 at the Ferry Road Retail Park, Cardiff.

    I wish to outline my current position in reference to your PCN.

    Keepers Liability and POFA 2012
    As stated in paragraph 13(2) of POFA 2012...

    "The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given—

    (a) A statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;

    (b) A copy of the hire agreement; and

    (c) A copy of a statement of liability signed by the hirer under that hire agreement.


    AND

    Paragraph 14(2) and (3) of POFA 2012:

    (2) The conditions are that —
    (a) The creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper;
    (b) A period of 21 days beginning with the day on which the notice to hirer was given has elapsed; and
    (c) The vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.
    (3) In sub-paragraph (2)(a) “the relevant period” is the period of 21 days beginning with the day after that on which the documents required by paragraph 13(2) are given to the creditor.[/I]

    - You were required to send this information to me (as Registered Keeper) within 21 days after receiving them from the lease/hire company (Arval).
    - You were required to send these documents to me no later than 49 days after the NTK was sent to the hire company, which was xx October.
    - Therefore I should have received these documents no later than xx December 2015.
    - As this has not happened, you cannot use POFA to assume keeper liability. There is more than one driver of the vehicle which you placed a PCN on.

    In Summary...
    - I wish to confirm to you I was NOT the driver of the vehicle.
    - I am not obliged to disclose the identity of the driver and this does not affect my liability in this matter .
    - As NGP Ltd has not complied with paragraphs 13 (2) and 14 (2) of POFA 2012, you cannot rely on the provisions of the Act and hold me liable as keeper.
    - You will need to pursue this claim with the driver once you identify them.

    Further Questions
    To begin our discussions, as this is purely a claim under a purported contract, and you have no statutory footing to issue penalties, I wish to make you aware of the following details and require the specific information so that I can assess the validity of your claim:

    1. Who is the party that contracted with NGP Ltd for the provision of their services at the site of the alleged to have taken place in Cardiff (Ferry Road Retail Park)?
    2. What is the full legal identity of the landowner?
    3. As you are not the landowner, please provide a contemporaneous and unredacted copy of your contract with the landholder that demonstrate that NGP Ltd have the authority of the landowner to both issue parking charges and legislate in your own name or on behalf of the landowner .
    4. Is your charge based on damages for breach of contract? - Yes or no?
    5. If the charge is based on damages for breach of contract, please provide justification of this sum.
    6. Is your charge based on a contractually agreed sum for the provision of parking? - Yes or no?
    7. If the charge is based on a contractually agreed sum for the provision of parking please, provide a valid VAT invoice as you make no mention on VAT in any correspondence.
    8. The signage to the site (from a seated position in the vehicle as it enters the car park is impossible to read and any specific rules regarding stopping on yellow lines being strictly prohibited at any time. Please provide a copy of the sign that purportedly forms the basis of the contract entered into by the driver for my records.
    9. I believe the parking attendant who took photos of this vehicle (as the driver sat momentarily with the engine running on double yellow lines) made no attempt to make the driver aware he should move the car or face a parking charge. It is the responsibility of the claimant (NGP Ltd) to mitigate their losses, in this instance I believe they failed to do so and thus invalidates your claim. I refer you to the county court judgement in VCS vs. Ibbotson (2012):

    Link: http://nebula.wsimg.com/e3da92cb966c72de63ec1f98605c2954?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

    Next Steps
    When I receive a full reply to all these questions i will be in a position to be able to furnish you with a full response.

    Alternatively you can cancel your charge, or I will happily wait for my day in court to challenge this PCN as the registered keeper of the vehicle.

    Note: I have contacted the landowner to strongly protest in writing the basis for this PCN.

    Yours
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