Returned from 2 month holiday to a Parking Ticket Charge from Total Car Parks

[Setmefree3]

It would seem that the parking co are claiming an 'observation' period (ie the driver had left the car park, thus accepting the displayed T&Cs)

Imho, it's much easier to go with the technical defence of non compliant NtK.

Yes agreed. Amazing how they can just charge what they like. 50% increase on other companies letter, and that’s just the parking charge :-(.

[charitynjw]

Yes agreed. Amazing how they can just charge what they like. 50% increase on other companies letter, and that’s just the parking charge :-(.

If via PoFA 2012.....they can't.

4(5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).

(6)Nothing in this paragraph affects any other remedy the creditor may have against the keeper of the vehicle or any other person in respect of any unpaid parking charges (but this is not to be read as permitting double recovery).

https://www.legislation.gov.uk/ukpga...dule/4/enacted

Chancers!

[Setmefree3]

The Vehicle being issued a parking ticket charge fee £100.00 (IF PAID WITHIN 7 DAYS REDUCED TO £30.00 IF PAID WITHIN 14 DAYS REDUCED TO £60.00)

LATE PAYMENT: Failure to pay the parking ticket within 28 days from date of issue may result in Registered Keeper details being requested from the DVLA and a request for a payment of £150.00 forwarded to; DEBT RECOVERY AGENCY for collection or court enforcement. This will incur further administration and legal fees that you will be liable for.

Confusing. So you can pay £60 in 14 days but yet after 28 days it goes to £150 because of requesting details from DVLA. Obviously don’t charge you for getting registered details within 28 days.

The first letter is dated 6 days after the offence which has the registered keepers details. So charging £150 after 28 days is nothing more than pure greed.

[charitynjw]

The Vehicle being issued a parking ticket charge fee £100.00 (IF PAID WITHIN 7 DAYS REDUCED TO £30.00 IF PAID WITHIN 14 DAYS REDUCED TO £60.00)

LATE PAYMENT: Failure to pay the parking ticket within 28 days from date of issue may result in Registered Keeper details being requested from the DVLA and a request for a payment of £150.00 forwarded to; DEBT RECOVERY AGENCY for collection or court enforcement. This will incur further administration and legal fees that you will be liable for.

Confusing. So you can pay £30 in 14 days but yet after 28 days it goes to £150 because of requesting details from DVLA. Obviously don’t charge you for getting registered details within 28 days.

If the case is actioned via common law breach of contract, they might be able to get that extra £50.
Of course, they can only do that if they can ID & 'chase' the driver, as there is no liability of 3rd parties under common law, only via PoFA.

[ostell]

What do the signs say? Something like permit holders only? Photo would help.

And they are not allowed to say "penalty"

[Setmefree3]

PARKING AT IPSWICH HAVEN MARINA

Ipswich Haven Marina, following a period of expansion can now boast car parking within four different car parks on site. We ask our customers that there be no parking in the boat yard or between the yellow lines clearly painted to deliniate the designated access roadway.

We provide free parking to all our berth holders and operate an annual permit scheme that identifies our customers. The parking permit must be displayed whilst the vehicle is on site. There is no parking available to the general public and vehicles not displaying a permit will be issued a fixed penalty notice.

Visitors to our permanent berth holders can obtain a temporary car parking permit from the marina office this too must be clearly displayed whilst the vehicle is parked on site.

We now rigidly enforce our parking policies following incidents where commuters, football fans and shoppers have been discovered parking on site leaving no spaces for our berth holders.

I would guess from that it’s permits only.

[Setmefree3]

Just learned something new. All limited companies must display their company registration number on their website and it must be easily found. Also the company or person in charge of processing data must be on the data controllers register.

Legally speaking


For Ltd companies, each company should list its company registration number, place of registration and registered office address on its website as a result of legislation (First Company Law Amendment Directive) that was implemented in 2006.

Oops


Companies only have to file one confirmation statement a year. However, you can choose to file a confirmation statement early, or more frequently than once a year.

Late filing penalties do not apply to an overdue confirmation statement.

Instead, failure to file confirmation statements, annual returns or accounts is a criminal offence which can result in directors being fined personally in the criminal courts. Any criminal proceedings taken as a result of non-filing of confirmation statements is separate from and in addition to any late filing penalty imposed against the company for filing accounts late.
Overdue
First statement date 24 April 2019
due by 8 May 2019


Oops oops.

[charitynjw]

This is worth following up
http://www.abports.co.uk/admin/conte...AWS%201996.pdf
If they (bye laws) haven't been repealed, the parking co has no business issuing PCNs there, because it is not 'relevant land'.
The onus is on them (parking co) to show that bye laws are not applicable.

[LandingZone]

Wait for the final final warning? lol!
Before they can take enforcement action, they ought to send a pre-action protocol letter & accompanying pack for you to complete & return.
Given the sheer numbers of PCNs these firms issue, it would be close to impossible to bring everyone to court.
If it were me I'd wait to see what their next move is, if any.
& continue to ignore DRP & their ilk.

Hi,

Me again, I have had another letter from DRP (I'll attach it) where they've reduced the total amount before they suggest to Total Car Parks that they take me to court.

What should my next move be?

Thank you again.

[paulajayne]

Are you a berth holder?
If so were you issued with a permit?

[ostell]

DRP can be ignored. Reducing the fee is a good sign. Next letter may well be from a solicitor, or appear to be, threatening dire consequences if you dont pay but the payment details are DRP. They have "borrowed" the letter head.