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Parking Notice through post while working away from home - only 14 days to pay

hin501
hin501 Posts: 23 Forumite
edited 3 January 2018 at 11:25AM in Parking tickets, fines & parking
Hi all,

Before continuing this thread, I am not requesting any individual advice or assistance (other than feedback my comments are correct and I am on the right track before looking into a proper appeal).

I've been reading through the various forum posts (thank you firstly) and have written detailed emails (including lots of snippets found on the forums here as you will see).

The company have now started ignoring me and just sending letters to me - just wanted to check to see my current standing and grounds and if I'm right.

In Short, i parked for a work meeting at Ferry Meadows, Peterborough (didn't see any signs but may well have just been rushing into the meeting and missed them - so i accept that).

A fine was posted to me 52 days after the incident (not the 28 specified).

At this point it was working away (in Holland) and then 200+ miles from home for a few weeks meaning i missed the 14 days (however i noted i should have 21 days on these forums as it was by cctv/post and nothing put on my car).

I also had no image/proof i was there so i requested this.

They came back and said my personal circumstances (me not being at home so physically impossible to pick up a letter) is not their problem and i had to pay £50 (not the reduced £25).

The email exchange is below - as i heard nothing back i have since been sent another letter saying last chance to pay (but all my emails now ignored - all had myself cc'd for proof of receipt and still nothing).

Im confident in following the forum guides and templates to appeal - just want some feedback that im not a million miles away.

Full email thread can be found below:

"
Original Message
From: hi**** <hi****@aol.com>
To: Park With Ease Customer Support <helpme@parkwithease.co.uk>
Sent: Thu, 26 Oct 2017 16:34
Subject: PW***70 RE: PWE Contact Form

PCN reference PWE****70

Thanks Amy,

After researching online and reading through the Traffic Management Act, I believe that postal PCN's (those sent via post from CCTV/Camera as Ferry Meadows. The charge I have received). (Part 6 of the Traffic Management (TMA) Act 2004 titled "Civil Enforcement of Traffic Contraventions" as of 31st March 2008).

"There should be 21 days to pay the discounted rate" not the 14 you have stated.

(see below from various sources relating to the Traffic Management Act 2008) "You have 14 days from the day the Notice is served (this is presumed to be two working days from the date of the notice) to pay the discounted amount, 50% of the Penalty Charge. This is extended to 21 days if the contravention is detected by camera. Failing this you have 28 days beginning with the date of service of the PCN (deemed to be two working days after it was posted) to pay the full amount of the PCN"

As no notice was given or placed on my car I assume this was by CCTV/Camera, please can you attach proof of my vehicle from.the cctv/camera for my records.

Please could you explain (and include proof if applicable) why the notice was sent 52 days after the incident. (And not within the required 28 days).

This also suggests TWO WORKING days after serving the notice to allow receipt. (served Friday 5th meaning TWO WORKING days starts on the 10th October meaning today is day 16).


Please accept this and previous emails as confirmation that I will NOT be paying the full £50 fee.

Subject to your refusal I will seek to appeal the PCN and ultimately look to await your small claims court action.
References:




Sent from my Samsung Galaxy smartphone.

PCN reference P*****70
Thanks Amy, After researching online and reading through the Traffic Management Act, I believe that postal PCN's (those sent via post from CCTV/Camera as Ferry Meadows.

The charge I have received). (Part 6 of the Traffic Management (TMA) Act 2004 titled "Civil Enforcement of Traffic Contraventions" as of 31st March 2008). "There should be 21 days to pay the discounted rate" not the 14 you have stated. (see below from various sources relating to the Traffic Management Act 2008) "You have 14 days from the day the Notice is served (this is presumed to be two working days from the date of the notice) to pay the discounted amount, 50% of the Penalty Charge.

This is extended to 21 days if the contravention is detected by camera. Failing this you have 28 days beginning with the date of service of the PCN (deemed to be two working days after it was posted) to pay the full amount of the PCN" As no notice was given or placed on my car I assume this was by CCTV/Camera, please can you attach proof of my vehicle from.the cctv/camera for my records. Please could you explain (and include proof if applicable) why the notice was sent 52 days after the incident. (And not within the required 28 days).

This also suggests TWO WORKING days after serving the notice to allow receipt. (served Friday 5th meaning TWO WORKING days starts on the 10th October meaning today is day 16). Please accept this and previous emails as confirmation that I will NOT be paying the full £50 fee. Subject to your refusal I will seek to appeal the PCN and ultimately look to await your small claims court action.References:

Original message
From: Park With Ease Customer Support <helpme@parkwithease.co.uk>
Date: 26/10/2017 14:57 (GMT+00:00)
To: hi**** <hi******@aol.com>
Subject: RE: PWE Contact Form

Good Afternoon

Unfortunately we cannot be held responsible for your personal circumstances. As we sent the letters out offering the reduced period we are not able to reduce this down for you. The parking charge is now £50.00.

Kind Regards

Amy
Customer Services
cid:image001.gif@01D1E9E1.DE6F3B00
E
appeals@parkwithease.co.uk
W
https://www.parkwithease.co.uk
T
+44 (0) 161 820 6952
A
Park With Ease, Unit F, The Court, Kestrel Road, Trafford Park, Manchester, M17 1SF.


From: *****]
Sent: 26 October 2017 14:27
To: Park With Ease Customer Support <helpme@parkwithease.co.uk>
Subject: RE: PWE Contact Form

Hi, did you not read my message...

A letter may have been sent out offering a reduced rate however a letter is completely pointless and useless unless a letter can be opened.

If a letter is unopened out of choice I can completely understand you not reducing the rate. However if a letter cannot physically be opened the message can not physically be read and surely can not physically be applied.


I am happy to pay £25. If this is not accepted I am happy to appeal and have proof of hotel accommodation as well as being away for the duration that the letter was sent out which can be put in writing by the employer providing me with accommodation for the consecutive period over 200 miles away from you're useless letter



Sent from my Samsung Galaxy smartphone.

Original message
From: Park With Ease Customer Support <helpme@parkwithease.co.uk>
Date: 26/10/2017 11:21 (GMT+00:00)
To: [email]*****[/email]
Subject: RE: PWE Contact Form

Good Morning

As the letter was sent out to you offering the 14 days reduced rate, and this time has now lapsed I am unable to reduce this charge for you.

Kind Regards

Jane
Customer Services

E
appeals@parkwithease.co.uk
W
https://www.parkwithease.co.uk
T
+44 (0) 161 820 6952
A
Park With Ease, Unit F, The Court, Kestrel Road, Trafford Park, Manchester, M17 1SF.


Original Message
From: PWE Contact Form [mailto:pwe@parkwithease.co.uk]
Sent: 26 October 2017 11:02
To: Park With Ease Customer Support <helpme@parkwithease.co.uk>
Subject: PWE Contact Form
Importance: High

Name : N****d
Plate : A*****N
Email : Hi*****m
Message :
Carpark : Berry Head

Hi I have just returned home from a two week working trip several days of these were spent out of the country and 10 days I have been working 300 miles away from home with no access to post.

I have opened this morning it parking charge notice which I am happy to pay however the fee is now at £50 and I have been penalised for not paying this within 14 days which was physically impossible as this is the first day I have received the letter.

I am happy to pay the £25 but I'm not willing to pay the £50 as it was physically impossible to pay within 14 days as I never knew the letter existed until this morning.

If it is required I have proof of my business trips in the form of hotels whilst I have stayed in Sidcup Kent, Holland and also at my employers house in Newmarket.

Unfortunately you do not have a contact number on the letter you have sent making it extremely difficult to communicate other than emails which will have a lengthy wait between responses.

Please confirm the fee has been reduced to the £25 and I will pay immediately"


Thanks so much for your time here guys - As mentioned im not wanting any personal help or babysitting - other than knowing the above (what i am saying based on my understanding from these forums) is correct and i am on the right track and stand a good chance to appeal.
«1

Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 2 January 2018 at 9:40PM
    If you have read the newbies faq thread you will know you are too late to appeal


    All you can do now is wait and see of they take court action. Come back for advice on how to deal with this at that time


    If you haven't already revealed who was driving to the ppc, then you need to edit your OP to remove details of who was driving (and edit your name/email etc if it is your real name!) Putting your real email up on any public forum is a bad idea!!
  • KeithP
    KeithP Posts: 37,622 Forumite
    Name Dropper First Post First Anniversary
    I don't think your references to the Traffic Management Act are relevant.

    I'll stop there in case I overstep the line into offering advice. ;)
  • Coupon-mad
    Coupon-mad Posts: 131,605 Forumite
    Name Dropper First Post Photogenic First Anniversary
    I am happy to pay £25.

    No you are not! It's cash-cow Berry Head for Gawd's sake, no-one pays re that site. Loads of threads on here and pepipoo about that place and the photos are often taken outside of the car park with the car on public highway, LOL.

    Not great evidence for the PPC, nothing to get into discussions about; stop replying to 'Amy' like she's a valid person with a real job. This isn't something worthy of your time; stop, sit tight.
    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
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
    Why are you referencing the TMA? It would not apply within a private car park.
  • fisherjim
    fisherjim Posts: 6,031 Forumite
    Photogenic First Anniversary Name Dropper First Post
    Coupon-mad wrote: »
    No you are not! It's cash-cow Berry Head for Gawd's sake, no-one pays re that site. Loads of threads on here and pepipoo about that place and the photos are often taken outside of the car park with the car on public highway, LOL.

    Not great evidence for the PPC, nothing to get into discussions about; stop replying to 'Amy' like she's a valid person with a real job. This isn't something worthy of your time; stop, sit tight.

    CM I think you are confusing Devon with Cambridgeshire, the OP said Ferry Meadows! :rotfl:
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Name Dropper First Anniversary First Post I've helped Parliament
    edited 4 January 2018 at 12:02PM
    hin501 wrote: »
    Hi all,

    Before continuing this thread, I am not requesting any individual advice or assistance (other than feedback my comments are correct and I am on the right track before looking into a proper appeal).

    I think you are completely on the wrong track with this.

    Shame you did not start with no keeper liability(POFA).

    Read through all the emails carefully and if you have not said who was driving/parking you might be able to salvage it.

    you still need to fix your post here to remove any identifying information.
  • Half_way
    Half_way Posts: 7,053 Forumite
    First Anniversary Name Dropper First Post
    You are barking up the wrong tree completely.
    You haven't been fined, the TMA doesn't apply in private car parks.
    private car partying company's are un regulated, and make up the rules as they go, backed up by private member trade associations such as the British Parking Association limited, which is not a regulatory body, but makes up its own rules to appear almost as if it is.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
    Yes, I did find the statement that “my comments are correct” when wittering on about the tma on private land is hilarious.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Name Dropper First Anniversary First Post I've helped Parliament
    I will add that the regular experts here are some of the most tolerant on the MSE forums when it comes to dealing with those that are struggling with the private parking issue.

    I do have a feeling that this post has tested that to the limit and most will abide by the OP strict instructions.
    Before continuing this thread, I am not requesting any individual advice or assistance.
    ...
    As mentioned im not wanting any personal help or babysitting
  • Coupon-mad
    Coupon-mad Posts: 131,605 Forumite
    Name Dropper First Post Photogenic First Anniversary
    fisherjim wrote: »
    CM I think you are confusing Devon with Cambridgeshire, the OP said Ferry Meadows! :rotfl:

    Berry Head is in the opening post! :)
    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
This discussion has been closed.
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