NE Parking vanishing windscreen PCN - Blackpool

[P1e_man]

Help Required

 

I have received a Pcn fine from a private car park in Blackpool NE Parking Ltd.

 

I have received a letter from above company on the 17.12.17,

Saying that was parked incorrectly and not within the parameters of the bay,

 

they have supplied a photo of my vehicle with one wheel on the white line of the car parking space (not actually outside of the bay)

they also have a picture a parking ticket on the windscreen of the car.

 

Which wasn't on there when i returned to my vehicle.

 

The fine relates back to 22.10.2017.

 

I have responded to the company by email

 

To whom it may concern.

 

I have today received a notification of a fine issued by your company stating that my vehicle was 'not parked correctly within the markings of the bay and it also stated that I had been issues a penalty notice at the time.

 

my vehicle is on the white line (which is not outside the parameters of the bay.) this was only one wheel as shown by your photographs.

 

you photographs also show a yellow package on the window screen however there was no notice on my car on my families return to the vehicle (if this was the case I would have contacted you prior to the letter I have received today.)

 

I feel this is an unjust letter / fine that I have received.

I will also endeavour to seek further advice if this matter progresses.

 

Response from NE Parking Ltd

 

Thank you for your email we received on 17/12/2017

 

Unfortunately you are out of the timescale to appeal you were given 28 days

 

To appeal from the day after the pcn was issued to the vehicle which

 

Was (22.10.2017)

 

The amount which is now payable is £100.00

 

I have replied saying how do you respond to something which you where unaware you've received.

 

Can anyone help me and tell me where I stand with this. Thanks

[honeybee13]

Hello and welcome to CAG. We have people here who can help you deal with this. Please wait for them to get here and advise you.

 

In the meantime, please don't write anything else to NE Parking. I don't think you'll need to pay the £100, but please wait for people who know more than I do.

 

HB

[ericsbrother]

NEVER EMAIL A PARKING COMPANY.

 

Too late for that but block their email address now so they dont use it to harass you.

However, you will be getting emails from dca's and the like.

 

Also, it is not a fine so they have you marked down as a mug from now on.

 

They use the " disappearing ticket" so they can avoid the niceties of the POFA and the discount period they are obloged by law to offer

so now we need to see the letter they sent you with your personal details redacted

so no name address, reference numbers, number plates but leave in their dates and times and a much of the photo as possible.

 

Luckily you didnt write in the first person so you havent actually identified the driver and that gives you a great advantage over them.

 

What to do?

Ignore the robbing gits for the moment and start building a wad of evidence to clobber them with later.

 

To help you we need

dates,

times,

place,

name of company,

 

what trade association they belong to

( all of the crooks migrate towards the IPC so say if them or the BPA.

 

We then need to see the entrance to the land from the public highway and the signage at the site and any machinery associated with it like ticket machines, cameras etc.

[dx100uk]

it is NOT A FINE!!

and you used that word in your email to them...

they're gonna take you as a fool as you don't know what you are talking about...

[zydeco]

Not a fine and not a penalty. If you appealed the ntk within 28 days of receiving it then they're talking BS. Also another case regarding a wheel touching the white line was thrown out when the judge ruled that the line was part of the bay. Sorry can't remember the details.

[ericsbrother]

zydeco,

the IPC interpret the law differently to the BPA and as they are owned by the worlds most eminent lawyers who are we to disagree?

 

Some judges have dared to disagree and despite Will and John being the world experts on this they haven't managed to get the MoJ to dismiss the judges for their impudence.

 

We then have to consider what parliament intended the wording to mean and this has been discussed elsewhere

but the upshot is that the IPC are neither categorically right or wrong

 

however, it does point to this parking co needs that sort of desparate action and interpretation to make a few bob

so I would surmise that they get a lot of other things wrong with their signage and NTK as they have taken poor advice.

 

As for wheel touching white line

this has gone both ways in PATAS key cases

but they have revamped their pages so I cant find the references.

[P1e_man]

Hello thanks for yours comments

 

I have attached a PDF of the letter i received fro Ne parking on the 17.12.17

 

Most of the info requested is in there and i will try and get some photos of the site a.s.a.p

They are an IPC member ??

 

Never been in this situation before, not sure what i need to do next, alot of the terminology

is lost on me.

 

What sort of timescale am i looking at ??, haven't had a response from Ne-parking from my last email.

 

thanks

20171219081215278 (1).pdf

[ericsbrother]

block their email addy now, you do not want to correspond with them.

 

At the moment they cant do anything for a month so use that time to gather some evidence that sink their claim of a breach of contract.

 

This menas photos of the entrance to the site from the public highway and

any signage there,

photos of any different signs there with an approximate idea of their size.

 

Photos of any ticket machines with details of what is written on them

and if you have a tape measue you can measure the size of the bays.

 

Now off street parking has no set minimum size for a space

but if the marking as such that no car can park up without breaching this condition

then it is an unfair term and the amount claimed would be a penalty due to the contract not being a geniune offer to park.

Edited December 20, 2017 by honeybee13
Paras.

[honeybee13]

OP, if I've understood your question about the IPC, here's a link to the forum stikky about common abbreviations on parking threads. I hope it helps.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?168275-Posting-in-this-Forum-and-A-Z-of-Motoring-Terms

 

HB

[dx100uk]

hi ya

can you put all those into ONE multipage pdf please

see upload

 

and rotate those that need it

else we'll be here all night downloading them

[P1e_man]

Hi there

 

Today I received by post a Final Notice letter from Ne parking which I have attached.

 

Along with some photos of the site as requested. Some more photos to follow.

 

I measured the parking bay at 230cm wide from the outside of the lines.

 

One of the signs does state about parking within the lines don't know where this leaves me,

 

In my defence I was obstructed by unused meter as shown in the next lot of photos.

 

The security camera was position right above my vehicle so would of recorded anyone removing the ticket from my windscreen.

If it was even left there in the first place).

 

I haven't had any response from my last email to ne parking.

 

Can anyone help in my next course of action.

 

Thanks

 

Here are the other Photos of the site

PCN.compressed.pdf

[ericsbrother]

can you stop emailing them and block their email address.

 

Did they send images of your vehicle parked in the manner they claim, if so post them up with the number plate obscured.

 

The threat of bailiffs etc isnt allowed and they should know this being advised by the worlds cleverest solicitors, Gladstones.

You should remind them of this when you do send them a letter.

 

also the signage says nothing about white lines

it says within the confines of a marked bay and that is very different.

 

This may seem like a small thing

but the devil is in the detail

 

start getting your thought processes working on what is written rather than on your interpretation of what they meant.

 

So far their signage offers a contract for parking and demands money as a consideration should you park otherwise,

This is a mixed message as you are agreeing to a contract that only applies when you break it!

 

from what I can see of the position of the signs

there is little to notify you as the sign at the entrance says nothing,

there is nothing on the meter

the main sign says pay £x for y hours,

not that you pay £100 if you park differently because that is not permitted

 

how can you possibly agree? ( note "parking is permitted for")

 

Your parking wasnt permitted

you are a trespasser

thus the terms dont apply to you .

 

See, exact wording is critical.

[raddersc]

Just wanted to check with P1e_man what is happening with his case at the moment

 

I got sent a letter for parking in the exact same spot as you in April 2018 and the exact same circumstances happened to me as well

(the first I heard of it was a letter through the post and there was a photo showing a notice on my windscreen which was never on the car when we returned to it).

 

My back drivers side wheel was also on the white line (not over it).

 

On the advice of another forum I sent an email to NE confirming that I wouldn't be paying the charge,

admitted no liability

and also making sure I didn't admit who the driver was.

 

I ignored their final letter

 

today I received a letter from a debt collection company called Debt Recovery Plus Ltd.

Edited July 3, 2018 by dx100uk
spacing

[dx100uk]

please start a new thread

of your own

 

dx

[raddersc]

NP just wanted to make P1e_man aware of the "co-incidence" that the same thing happened to someone else who parked in the exact same spot as them.