Appeal? A S Parking PCN/NTK

garysmith101 · 31 January 2017 at 11:41AM

Hi There,

I have a similar issue with the same company in the below thread:
forums.moneysavingexpert.com/showthread.php?t=5122002

This thread is from a few years ago and now closed but I would be interested to hear if their appeal was successful or what happened!

My car broke down near the petrol station at Chiverton cross just before xmas so I thought I would safely roll into one of the Starbucks parking spaces rather than leave it on the station's forecourt (without realising you are not allowed to park there out of hours).

I then got my brother pick me up and take me to my Dad's house so i could pick up his jump leads etc so i could get my car started.

I came back to find a PCN attached to my windscreen as "I was parked outside of trading hours". I decided not to pay the discounted price of £60 and yesterday received a NTK asking for £100 - the NTK actually states my period of parking was 20:26:29 to 20:26:57 - only 26 seconds!!!

I have been having a look around online and my first thought was to just ignore it as saw a lot of articles suggesting this company "A S parking" won't take it as far as court! But after reading a few of the threads on here and the seeing the one mentioned above i'm now thinking appealing (without acknowledging being the driver) and a complaint letter to Starbucks may be the best option?

I have read a load of the newbie stuff and presume i should use the IPC appeal template and then complain to Starbucks? Only issue is i don't have any sort of proof of what happened.

I was going to attach a copy of the NTK but i'm not able to add attachments. Any suggestions or recommendations on what I should do?

Cheers

Redx · 31 January 2017 at 11:52AM

do as you said

appeal to A.S. Parking using the IPC template and add a note that the vehicle had broken down

DO NOT reveal who was driving , its a secret (so edit post #1)

complain to the retailer (as keeper) stating the vehicle had broken down and you were arranging recovery

you cannot add attachments here, its not a file hosting site , its a free site

host pics on a web hosting site , like tinypic or photobucket and add a dead weblink in your reply, changing http to hxxp (yes its that simple)

redact the pictures so all personal info , references and reg plate are obscured though

ignore any thread over 15 months old , due to the BEAVIS case (which does not apply here)

Half_way · 31 January 2017 at 11:58AM

Complain to restaurant as above, tell them what happened, and that they must contact their agents, the parking company and tell them to cancel, as well as cease processing your data

Coupon-mad · 31 January 2017 at 1:20PM

garysmith101 wrote: »

I have been having a look around online and my first thought was to just ignore it as saw a lot of articles suggesting this company "A S parking" won't take it as far as court!

They make a pig's ear of it but they do try:

http://parking-prankster.blogspot.co.uk/2016/10/as-parking-youve-been-gladstoned.html

http://parking-prankster.blogspot.co.uk/2016/11/as-parking-gladstoned-again.html

http://parking-prankster.blogspot.co.uk/2017/01/as-parking-ang-gladstones-scam-exposed.html

Complain to the landowner and send a challenge to AS Parking to show the PCN is not being ignored (looks better in court later). Follow the NEWBIES thread advice and do not state who was driving. The challenge comes from the registered keeper as per the sticky thread advice.

garysmith101 · 31 January 2017 at 2:20PM

Thanks guys,

So I have spoken to the manager of the Starbucks where the car was parked. He seemed quite helpful and asked me to email him over a picture of the original parking ticket which he will forward on to A S parking and ask them to cancel it. Although he did say he they still can still say no and he was not 100% confident they would do anything about it. Sounds like he has had to deal with things like this quite a bit!

So I guess that's a start and at least I will have something from Starbucks on my side if this does go further,

Do you think it's still worth writing my appeal whilst I wait for a response on this?

Cheers

Coupon-mad · 31 January 2017 at 3:03PM

Yes if you have a NTK which only offers 21 days to 'appeal' then don't miss that deadline to at least get a challenge in, mention (WITHOUT SAYING WHO WAS DRIVING) that the car was broken down and that Starbucks are supporting the cancellation of the charge.

Fruitcake · 31 January 2017 at 3:35PM

garysmith101 wrote: »

Thanks guys,

So I have spoken to the manager of the Starbucks where the car was parked. He seemed quite helpful and asked me to email him over a picture of the original parking ticket which he will forward on to A S parking and ask them to cancel it. Although he did say he they still can still say no and he was not 100% confident they would do anything about it. Sounds like he has had to deal with things like this quite a bit!

So I guess that's a start and at least I will have something from Starbucks on my side if this does go further,

Do you think it's still worth writing my appeal whilst I wait for a response on this?

Cheers

It's a copy and paste using the template from the NEWBIES thread as it is already written for you. There is no need to write your own as you may inadvertently reveal who was driving if you do.

garysmith101 · 31 January 2017 at 3:51PM

Ok thanks,

The NTK actually states the 21 days to appeal has now elapsed and I can only appeal under exceptional circumstances!

So just to confirm, this is the one i should be using (does the fact i have already had the NTK change anything??) and mention on it about the email from Starbucks?
(They are a member of the IPC, well they have their icon at the bottom of their letter)

"Dear {name of IPC member - only IPC members for this version!!!}

Re PCN number:

I am the keeper of the vehicle and am aware of your purported 'parking charge'. The driver will not be identified. I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company?
2. Is your charge based on damages for breach of contract? Answer yes or no.
3. Please provide photos of the signs that you say were on site and which you contend formed a contract with the driver.
4. Please provide all photographs taken of this vehicle.
5. Please provide proof that the timing of any camera used was synchronised with all other cameras and/or systems & machines.

Do not send debt collector letters and do not add any costs which would be a thinly-veiled attempt at 'double recovery'. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data.

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the IPC Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach.

For the avoidance of doubt, I do not give you consent to process data relating to me or this vehicle, whether you have already obtained it or not. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days.

Yours faithfully,

************************************************** ***************************************** "

Thanks for your help guys

Redx · 31 January 2017 at 4:03PM

if its a postal notice (NTK) then just appeal as KEEPER anyway

they will probably reject it anyway, but YOU are creating a paper trail here, showing any future court that you tried to deal with it (whereas they dont like it if you ignore these things and it gets to court before you take it seriously)

so appeal as KEEPER , regardless

and DEFINITELY add the info about starbucks supporting the cancellation of the charge , without stupidly revealing who was driving

Coupon-mad · 31 January 2017 at 4:04PM

Yes and add:

(WITHOUT SAYING WHO WAS DRIVING) that the car was broken down and that Starbucks are supporting the cancellation of the charge.

garysmith101 · 15 February 2017 at 11:47AM

Ok I replied to the previously mentioned NTK using the template from the other thread and A S S Parking have replied as per the image below:

imgur.com/a/l7JH0

Any suggestions on what i do next?

Appeal? A S Parking PCN/NTK

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