parkwithease speculative invoice 'fine'......

[Indigian]

I pulled in to a car park to safely check over my map and directions.

I did not notice the sign (pictures to follow)

I was there less than 30mins.

 

Firm I work for recieved the letter,they of course passed it to me,there was a reg plate camera.

 

Sign says 'by entering this car park you agree contractually...........'

 

Sorry for brief info but on mobile,will update later.

 

Thanks

[renegadeimp]

It isnt a fine. Have a read of the parking forum and youll see what you have to do.

[armadillo71]

I pulled in to a car park to safely check over my map and directions.

I did not notice the sign (pictures to follow)

I was there less than 30mins.

 

Firm I work for recieved the letter,they of course passed it to me,there was a reg plate camera.

 

Sign says 'by entering this car park you agree contractually...........'

 

Sorry for brief info but on mobile,will update later.

 

Thanks

 

 

We need;

 

 

That picture of sign.

Has your firm just handed the NTK to you or named you as the driver?

The name of the car park.

The date of the 'parking event' .

The date on the NTK and the date your employer received it.

 

 

With that information we can help...

[Indigian]

Thanks for the help

2 pics for you,the sign and the letter.

 

I don't think they have my name as company just gave me the letter,plus company didn't ask who was driving.

Not sure when letter was received by company?

car park called white moss,near Grasmere

Edited July 9, 2014 by Indigian

[renegadeimp]

Please convert to pdf, edit out all petsonal info then reupload.

[Indigian]

Hope these better.

Must mention my company hire the vehicle,2 of us were in the vehicle and only us 2 know who was driving.

Unless the regplate camera took our picture or a video?

 

Thanks

Edited July 10, 2014 by Indigian

[silverfox1961]

Hi

This company have been around for a couple of years and if they are anything like the spelling and grammar on the sign you posted, they are nothing to worry about. They seem to thing the word EXPIRY has an extra E in it. The sign is also confusing (IMO)

 

They also do not seem to be a member of the BPA (can't remember the name of the other appeals service) so how they got your details is another question.

[Indigian]

Thanks for your help and advice.

What about the contractual quoting on the sign?

[armadillo71]

Can't read your pdf on my phone, so will post more later.

 

This is a current thread on parkwith ease;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?426084-Private-Parking-Charge-Park-with-Ease-Ltd

 

They are with the IPC not the BPA.

[Indigian]

Had a quick perusal of that thread..........

 

The 'offence' committed on 03.06.14,date on the letter is 25.06.14 does this fall within the 14 days needed to send the NTK?

I don't know if it being a hire vehicle changes those rules or if they got another earlier letter?

I was given the letter on the 08.07.14

 

Don't quote me on this but the land may be owned by a well to do family,who used to 'lease' it to the NT or may even still do?

[ericsbrother]

It is out of time to chase the owner of the vehicle so they can only pursue the driver under the PoFA. Your employer has passed the matter on to you (quite correctly) but as you cannot remember if it was you or your mate who was driving at the time you cannot help parkwithease any further with their enquiries and are not obliged to rack your brains to this end.

It is for them to prove who was driving and they cant. Dont allow your employer to answer any correspondence if at all possible.

The date on the letter must be withn 12 days and 2 days allowed for service of document so they should have sent it out by the 15th at the latest

[armadillo71]

If it is a hire vehicle then the DVLA would show the hire company as keeper.

They would then disclose who the hirer was.

who is the NTK addressed to? Your company?

Also, who is the creditor? The NTK states to send payment to the address at the top of the letter, which is... ?

[Indigian]

There are 3 papers

 

Rental agreement

NTK

Driver Identification Form

 

NTK seems to be addressed to the hire company and the payment is to PWE in Trafford Park.

DIF asks hire company to declare who driver was and to return the form to same address at Trafford Park.

 

Line in rental says hirer is responsible for parking and congestion charges and any other traffic act.

[ericsbrother]

but you cant remember who was driving at the time and you are unable to help the company in their quest. got that?

[armadillo71]

My only worry would be the hire company paying the charge and then them chasing your company.

 

Your company needs to respond and state they do not know the driver was.

[Indigian]

My worry is that my company will pay the fine and take it out of my wages.......

[renegadeimp]

They cannot do that unless theres a part of your employment contract that states that and youve agreed to it.

[dx100uk]

IT IS NOT A FINE

 

dx

[ericsbrother]

tell your company that you are dealing with the matter and any attempt to recover the money from your salalry will be an unlawful deduction of wages. Make sure that your boss knows that the claim is a fraudulent one if sent to them and should be ignored or reported as such.

[renegadeimp]

tell your company that you are dealing with the matter and any attempt to recover the money from your salalry will be an unlawful deduction of wages. Make sure that your boss knows that the claim is a fraudulent one if sent to them and should be ignored or reported as such.

 

It wouldn't be an unlawful deduction if its written into the employment contract. I suggest while dealing with the PPC, the OP gets a copy of the contract/terms and conditions of employment to see what it says.

[diskmandave]

It wouldn't be an unlawful deduction if its written into the employment contract. I suggest while dealing with the PPC, the OP gets a copy of the contract/terms and conditions of employment to see what it says.

 

Agree completely. Stop messing about with this and get an appeal in as the driver ASAP. This will of course be rejected, but it can then go to IAS or POPLA (whichever) where it can be killed of with the GPeOL submission.

 

Take your employer/hire firm out of the loop.

[kiwi1973]

Appeal has to go to the IAS rather than POPLA, as they are not a member of the BPA.

 

Can someone tell me what a GPeOL submission is?

[silverfox1961]

GPeOL is a the Genuine Pre Estimate of loss. This puts the parking company on the spot as they can never justify the level of charge.

 

What have they lost?

 

The fee for parking. They can demand a 'reasonable' admin fee which would include the cost of pressing a button on the computer, the stamp on the envelope and the DVLA fee (currently £2.50)

 

They try to get past the average motorist that the cost of running the business and the land they operate on is a claimable cost. Wrong!

[kiwi1973]

Thanks for explaining that.

 

I must say that park with ease are absolutely awful to deal with.

 

They refuse to respond to photos I've sent them showing there are no signs at the entrance/exit to the car park.

 

In every correspondence they make aggressive reference that they will take me to court and add costs.

 

I've asked them repeatedly to comment on the photos I've sent them and they repeatedly refuse.

 

They just say that signs are there and that they'll show photos of such to the judge in court.

 

I've informed them that prior to a county court claim being heard they would be required to exchange evidence with me

and so if they really have the photos they claim to have why not share them with me now? They refuse.

 

Somehow I expect if this does go to county court they'll show photos of another car park that does have adequate signs.

 

In considering offering them an hour or two normal car park charge as a goodwill gesture

(the judge might see at least that I tried to work towards resolution out of court).

 

I believe I am correct in believing there should be clear signs at the entrance/exit warning motorists it is a paying car park?

 

This car park had only one easily missed sign in the middle of the car park that you'd only see if you parked by it.

 

I discovered this only when I went back specifically looking for signs.

[diskmandave]

Get an appeal in, IN WRITING, BY RECORDED DELIVERY NOW, as the driver, with your name and address, stating they either cancel the charge, or send validation details for IAS, otherwise you'll still be here in two years time faffing with them, because they're NOT going to give in whatever you say, and each step will be ramped up a notch.....

 

goodwill gesture

Welcome to the world of private parking extortion......

 

Once you've got a written rejection and IAS code we can help further, otherwise you're going 'round in circles forever more.

I'm sorry if that sounds blunt, but that's the bottom line.