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  • FIRST POST
    • matnkazx
    • By matnkazx 17th May 19, 5:46 PM
    • 9Posts
    • 1Thanks
    matnkazx
    National Parking Enforcement Ltd
    • #1
    • 17th May 19, 5:46 PM
    National Parking Enforcement Ltd 17th May 19 at 5:46 PM
    Hi! New here so wasn't sure where to post so I hope this goes to the right place!

    Some kind person told me to post a new thread so here it is

    I've received a charge for 100, reduced to 60 if paid within 14 days etc etc etc.
    The charge is for a car park which I parked in from 6:23pm till 9:01pm.
    I paid 1.60 which was for the hour because the car park only accepted payments up until 7pm. There was only signage to state that no overnight parking was allowed and after reading further on the website of the car park, it states that the car park is closed at 7pm.

    "The charge relates to the period of parking specified above, the charge having been brought to the attention of the driver by clear signage in and around the Site and the time of parking."

    They have provided me with photos of my car parked and when it left (in darkness with just my lights on and number plate).

    I have started the appeal process but have not sent it yet as I wanted to make sure I was doing it right before going ahead.

    I've copied the text from the above post (see below) and taken out the point of where it says provide photos as I guess they have done that. I paid the 1.60 and this was the maximum the machine would accept at this point. So what do I do now?

    Thank you for your help!

    Mat

    Dear National Parking Enforcement Ltd.

    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 and are they the landowner?
    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, which you contend formed a contract with the driver.
    4. Please provide proof that the timing of any camera or timer 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, as seems likely based on my research) 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. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me. I do not give you consent to process data relating to me or this vehicle.

    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. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,

    The Keeper of the vehicle
Page 1
    • matnkazx
    • By matnkazx 17th May 19, 5:54 PM
    • 9 Posts
    • 1 Thanks
    matnkazx
    • #2
    • 17th May 19, 5:54 PM
    • #2
    • 17th May 19, 5:54 PM
    Just to also add to this, on the website of this car park this is what it says.
    Prices
    Mon-Sun 07:00 - 19:00
    1 Hour 1.60
    So what are you supposed to do outside of these hours?!
    • KeithP
    • By KeithP 17th May 19, 5:59 PM
    • 14,729 Posts
    • 16,918 Thanks
    KeithP
    • #3
    • 17th May 19, 5:59 PM
    • #3
    • 17th May 19, 5:59 PM
    That is a really old appeal text that you have dragged up from somewhere.

    Can I suggest you read post #1 of the NEWBIES FAQ sticky thread?

    In there you will find a blue text template appeal.

    Send that without change - no additions or alterations needed.

    Send it as the keeper.


    What car park?
    .
    • matnkazx
    • By matnkazx 17th May 19, 6:00 PM
    • 9 Posts
    • 1 Thanks
    matnkazx
    • #4
    • 17th May 19, 6:00 PM
    • #4
    • 17th May 19, 6:00 PM
    I have now deleted the original post and taken out that template and replaced it with this one.

    Re PCN number:

    I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

    There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

    - If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

    - If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

    - in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

    Formal note:
    Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

    Yours faithfully,
    • matnkazx
    • By matnkazx 17th May 19, 6:02 PM
    • 9 Posts
    • 1 Thanks
    matnkazx
    • #5
    • 17th May 19, 6:02 PM
    • #5
    • 17th May 19, 6:02 PM
    And the car park in question is one in Hemsby - Westbank Beach Road - NR29 4HS
    • KeithP
    • By KeithP 17th May 19, 6:22 PM
    • 14,729 Posts
    • 16,918 Thanks
    KeithP
    • #6
    • 17th May 19, 6:22 PM
    • #6
    • 17th May 19, 6:22 PM
    Just to also add to this, on the website of this car park this is what it says.
    Prices
    Mon-Sun 07:00 - 19:00
    1 Hour 1.60
    So what are you supposed to do outside of these hours?!
    Originally posted by matnkazx
    On the sign outside it says:

    Car parks Open at 7am - Close at 7pm prompt.

    To me that is a sign prohibiting parking after 7pm.
    .
    • matnkazx
    • By matnkazx 17th May 19, 10:37 PM
    • 9 Posts
    • 1 Thanks
    matnkazx
    • #7
    • 17th May 19, 10:37 PM
    • #7
    • 17th May 19, 10:37 PM
    So does that mean I should pay or appeal the ticket?
    • matnkazx
    • By matnkazx 17th May 19, 10:40 PM
    • 9 Posts
    • 1 Thanks
    matnkazx
    • #8
    • 17th May 19, 10:40 PM
    • #8
    • 17th May 19, 10:40 PM
    Oh that's the car park for the dunes at the bottom. The car park I parked in is not as far down!
    This is the one I parked at.
    Last edited by matnkazx; 17-05-2019 at 10:43 PM. Reason: Added picture of where I parked
    • matnkazx
    • By matnkazx 17th May 19, 10:48 PM
    • 9 Posts
    • 1 Thanks
    matnkazx
    • #9
    • 17th May 19, 10:48 PM
    • #9
    • 17th May 19, 10:48 PM
    It's not letting me add the picture because I'm new
    But if you find the Karting Centre, it's the one which is next to it.
    Sign says 1.50 per hour or 6 all day but I'm assuming they are old signs as it's now 1.60 per hour.
    • KeithP
    • By KeithP 17th May 19, 11:02 PM
    • 14,729 Posts
    • 16,918 Thanks
    KeithP
    Ah ok.

    This car park: https://goo.gl/maps/dggiyobMPEC8vNi7A
    .
    • matnkazx
    • By matnkazx 18th May 19, 8:25 AM
    • 9 Posts
    • 1 Thanks
    matnkazx
    National Parking Enforcement Charge
    Yes that's the one!
    • Castle
    • By Castle 18th May 19, 10:30 AM
    • 2,260 Posts
    • 3,067 Thanks
    Castle
    Just to also add to this, on the website of this car park this is what it says.
    Prices
    Mon-Sun 07:00 - 19:00
    1 Hour 1.60
    So what are you supposed to do outside of these hours?!
    Originally posted by matnkazx
    What is says on the website is irrelevant; the driver can only agree to the terms and conditions on the signs at the time they park.
    • matnkazx
    • By matnkazx 18th May 19, 11:30 AM
    • 9 Posts
    • 1 Thanks
    matnkazx
    So are you saying I should just pay this then or not?
    • Coupon-mad
    • By Coupon-mad 19th May 19, 12:03 AM
    • 72,078 Posts
    • 84,429 Thanks
    Coupon-mad
    No-one is telling you to pay this scam.

    You'll have realised that, I hope, from the person who referred you here and in the NEWBIES thread...where does it tell ANYONE to pay?!

    There was only signage to state that no overnight parking was allowed
    OK, so there was no licence to park after 7pm, so there was no contract and no parking charge due for that period of time.

    Send the appeal as per the NEWBIES thread then they WILL reject it...then ignore NPE, and come back if they try a court claim.

    Same as all the other NPE threads. You should read some. You will find NPE are not especially litigious and are beatable, but that small claims can be filed for up to six years in England. So, keep proof of paying if you still have that ticket, no throwing it out next year when tidying up (not till six years has gone by).

    And tell NPE in writing if you move house.

    This really is about doing pretty much nothing for now except disputing it by appeal, rather than ignoring it. No telling them who was driving.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
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