All Parking Services windscreen PCN - St Annes Pier on the Fylde Coast

[paul26may]

Hello everybody.

 

On Saturday afternoon I got a ticket at St Anne's Pier on the Fylde Coast.

 

Another car park 200 or 300 yards away was not charging as it is still winter.

 

I mistakenly thought the same would apply to the aforementioned.

 

Went into the cafe for a cup of coffee and came out to see a ticket on the windscreen.

 

What can I do?

 

I have 28 days to pay up.

[silverfox1961]

Hi

Ignore for now and wait for the notice to keeper to arrive. This should arrive between 29 and 56 days after the 28 days to pay.

 

Then you appeal. You can use any reason you wish. If you can go back and photograph the signs that would help as well.

 

It is likely your appeal will be rejected but all is not lost as they should give you a POPLA code to take it to full appeal where you can give better reasons.

 

Under no circumstances name the driver. Just say 'the driver' in any appeal.

[paul26may]

Thanks for the prompt advice. Your help is very much appreciated!

[silverfox1961]

How long did you actually stop for?

 

I have had a look at their website where they (happily) show some signs for St. Annes Pier. I think Ericsbrother will find fault with them (he's quite good at this). Hopefully he will see this thread later.

[paul26may]

About 20 minutes.

 

Long enough for Deborah and I to drink a cup of coffee each.

 

We had originally gone to the other cafe further along but as they were shutting up for the day we thought we would go to the pier cafe instead and rather carelessly assumed that this car park too wasn't charging again until March!

 

Looking at their website myself.

 

They pay £5 commission for every ticket paid and also insist on putting 3 question marks at the end of a sentence.

 

Bizarre!

[armadillo71]

After a quick look, the signs and website are gibberish really...

 

'All Parking Services UK LTD*ensures that all our sites display contractual warning signs in prominent locations*that clearly set out the rules and terms and conditions of parking on your car park in clear unambiguous language. This ensures that motorists have read and have contractually agreed to the parking regulations, as a result they also agree to pay a charge of £100 if they park in breach of those regulations. '

 

 

They pretend to be a contractual term but are really just a disguised penalty.

They are not offering parking for a set amount of money.

And ' in breach ' means GPEOL will win at POPLA if it gets that far...

[paul26may]

Thanks Armadillo.

 

What does GPEOL stand for by the way?

[ericsbrother]

Genuine pre estimate of loss.

 

If a company sues for breach of contract they have to show what their losses are and if they cant then they can indicate a genuine pre-estimate of loss before the breach has occurred.

 

If you book a table at a restuarnt and dont turn up the restaurant can sue you for their losses but since they dont know exactly what you would have eaten or drink they can make an estimate based upon their loss of profit but certain costs cannot be included.

 

the restaurant would have a very good case if they were busy,

a free car park in the middle of winter cannot show that you have caused them a loss so the £100 is an unenforceable penalty.

[honeybee13]

Thanks Armadillo. What does GPEOL stand for by the way?

 

Hello there. If you click on the link in Armadillo's signature, it takes you to a forum stikky thread with all the abbreviations that the parking guys use to avoid getting RSI.

 

HB

[armadillo71]

Make no contact with APS and wait for the NTK inthe post, as per post #2.

 

You may not get one though.

 

The website makes no mention of contacting the DVLA;

 

http://www.allparkingservicesukltd.com/Appeals.html

 

Please update if you receive anything.

[Nev Met]

The website I looked at indicates (for the self ticketing service) a £20 commission for each ticket paid (the £5 commission is for when a landowner has successfully referred another client to APS and it is a 'kick back' for each ticket that the additional client issues which is then paid)

 

What is interesting to me however is whether or not your NtD (the ticket on the wind screen) was from such a 'self ticketing' operation because when (if) APS buy the registered keeper data from the DVLA there is a potential argument that Para 11 of PoFA is not properly satisfied and therefore there is no keeper liability.

 

So we will patiently await the NtK to arrive through the post and then require the DVLA to disclose exactly who made the application for the data and in what capacity.