PWE PCN - Brockholes **won**

[jason4656]

Back in May I parked at Brockholes on a bank holiday,

 

 

i hadnt been there before, it was full and as i pulled in before the car park there was a grass bank,

where someone pulled out so i left the car there,

spent an hour in the visitor centre and so on, then left,

i didnt see anyone paying nor any ticket machines anywhere, nor any signs.

 

The notice was dated 11 June 2 weeks and 2 days later.

 

I wrote back to them explaining the above and they replied saying there are huge signs everywhere.

.but without driving back i wouldnt know so

 

 

i asked them for a pic or diagram they refused to give me anything said they were not obliged to do this.

 

Is there anything i can do with this or do i just need to pay?

[Bazooka Boo]

Yes just dispute it, and they should give you a POPLA code.

 

Is this a council owned car park or private?

[jason4656]

from the reading i have done on here, i believe it is owned by the national trust, but i might be wrong, i have already disputed it as above, but they just basically refused it, all done via email now they said thats the way to appeal.

[Bazooka Boo]

Email is fine, tell them to issue you with a POPLA code as you are escalating the matter.

 

How much are they trying to extort?

[jason4656]

They asked for £25 if paid within 14 days but then went up to £50

[JoeyJoeC]

£25 may have been worth paying to save the trouble of all this.

 

Appeal, demanding a POPLA code to appeal further. It will cost the parking company £28 to provide, so they may just give up there.

[jason4656]

I didnt actually get it till about a month later because i was away, and got this on the return when the date was already passed,

i honestly didnt see any signs but i did offer to pay the cost of the parking when i wrote to them,

id like to go back and see but its 45 miles from me so a bit far!

 

How do i need to word the request for the popla code?

thanks

[honeybee13]

Hello there.

 

I thought the name looked familiar. There was a thread last year that could be the same car park. Here's a link in case it helps.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?400384-Parking-quot-invoice-from-Lake-District-National-Park-what-s-the-legal-position&highlight=brockholes

 

HB

[ericsbrother]

Ok, you write your appeal to the address PWE provide for appeals and the reason for your appeal is that the issue of the demand for payment by the company was served outside the prescribed time and therefore they should cease any further contact with you as the keeper of the vehicle as you have no liability to them in any respect.

They know that it is for them to prove their claim is a lawful one and they cannot continue to bother you without risking a claim against them for harassment.

If they do wrtite again you should complain to the BPA and make it clear that the vehicle (never you as a person) was not parked on land under their control and that the first notice you received was outside the time prescribed in the PoFA and what are the BPA going to do about this unwarranted harassment of you when you have already told them to cease and desist.

[jason4656]

Thanks for that ericsbrother do I need to mention popla then? or not bother?

[ericsbrother]

As they are non-compliant why would you use a procedure that they can be bothered to follow? you could write to them and the BPA and see what the BPA have to say about the matter in the manner outlined above. You cannot rely upon a law that doesnt apply but the BPA may want to offer you the opportunity to use POPLA to settle the matter as they wouldnt want to be a party to a claim by you against their member if they chose the wrong response.

[armadillo71]

Park with ease are members of the IPC.

 

No POPLA- it is the IAS...

 

 

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

 

You are probably out of time if they did give you a code for the IAS as that is twenty one days.

 

But they are out of time for keeper liability.

 

Did you identify the driver in your first appeal?

[jason4656]

I didnt say i was the driver or drivers name, i did imply that i was the driver by the way i replied to the email by saying ' there were no signs on the day ' I guess?

[DragonFly1967]

I didnt say i was the driver or drivers name, i did imply that i was the driver by the way i replied to the email by saying ' there were no signs on the day ' I guess?

 

You could have just as easily been told that information by whoever was driving, or you could have seen it yourself as a passenger

[jason4656]

Thats true so how do i start with this?

[ericsbrother]

Same issue for PWE though, non-compliance. For the moment just write the effoff letter and the complaint to the BPA as the keeper of the vehicle. It is for them to prove their case not the other way round and the IAS seems to forget that.

[jason4656]

i must add that all these acronyms are going straight over my head, i have no clue what any of them are or do, so im totally lost here but thanks

[DragonFly1967]

i must add that all these acronyms are going straight over my head, i have no clue what any of them are or do, so im totally lost here but thanks

 

Here you go

 

POPLA - Parking On Private Land Appeals. An "independent" appeals service. Although having used quotation marks, in fairness it has to be said that they do tend to allow a lot of appeals in favour of the motorist. Run by the BPA.

 

POPLA Code - Is the code that you need in order to lodge your appeal with them.

 

BPA - British Parking Association. One of the two "members clubs" for PPC's

 

IPC - Independent Parking Committee, the other "members club". Formed in part because some of the PPC's didn't like the way that the BPA run POPLA was always working against them.

 

PPC - Private Parking Compan(y/ies)

 

IAS - Independent Appeals Service (run by the IPC)

 

PWE - Is Parking With(out) Ease.

[jason4656]

thanks for that, so is there a consensus of opinion on the best route here?

[DragonFly1967]

thanks for that, so is there a consensus of opinion on the best route here?

 

Personally, I'd go with...

 

Dear PWE ******s.

 

Please feel free to insert your charge notice where the sun doesn't shine. However, in the unlikely event that it doesn't fit, which will probably be due to all the others that are already in there, please send me a POPLA code.

 

Yours

 

However, it may be slightly more professional to say.

 

 

Please take note that I dispute this charge in its entirety. Therefore, please accept this as my appeal against the charge. In the event of you rejecting the appeal, I shall expect a POPLA code by return.

 

You could even take a leaf out of the Parking Pranksters playbook...

 

 

Whilst the driver was making their way to the ticket machine to buy a ticket they were abducted by aliens who performed many experiments on them that they don't want to talk about. Therefore they were unable to complete the transaction, and that's why no ticket was displayed. Please send me a POPLA code and once the mind control wears off, I will appeal to them

[armadillo71]

PWE are not members of the BPA.

 

NO POPLA... POPLA is funded by the BPA and it's PPC members, but run by London Councils.

 

A rejection letter from PWE used to include a Unique Reference Number to appeal within twenty one days to the IAS, but I believe that has now changed.

[jason4656]

this was their reply

 

Thank you for your email

 

There are in excess of 17 signs on the Brockholes site including one of 2.4m x 1.2 m at the entrance and a further 2 reminder signs on the way out. The overflow areas also display signs stating the contract which you entered into upon entering the land.

 

I am unable to cancel the parking charge notice as we believe it has been issued correctly

 

You can pay your parking charge notice online at http://www.parkwithease.co.uk or by sending a cheque or postal order to Park with Ease Ltd, Unit F2, The Court, Kestrel Road, Trafford Park, Manchester, M17 1SF

 

If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). In order to appeal the IAS will need your parking charge number, your vehicle registration and the date the charge was originally issued. Appeals must be submitted to the IAS within 21 days of the date of this letter. For further information please visit http://www.theias.org

 

Kind Regards

 

Park With Ease

[ericsbrother]

Write to PWE and tell them that they have not followed the protocols of the Protection of Freedoms Act 2012 and that they shouls cease and desist from further harassing you as the keeper of the vehicle concerned as you have no obligations to them whatsoever. Also write and complain to the boss of the IPC and make a similar complaint about breach of protocols and harassment and ask them what they are going to do about it.

This will either force them to respond or stop their scribbling to you or risk getting sued by you.

[jason4656]

ok so simple email

 

Dear PWE

 

Unfortunately it seems you have not followed the protocols of the Protection of Freedoms Act 2012. You should cease and desist from further harassing me as the keeper of the vehicle in question as I have no obligation to you. I will also be writing and making a complaint to the IPC about your breach of protocols to ask how they are going to proceed with this.

 

Sincerely

Me

 

what are the protocols they havent followed? do i need to add anymore detail?

[honeybee13]

Hello there.

 

Have you sent this or are you asking for details to add to the email please?

 

HB