Parking Charge Notice - NPE (Norfolk Parking Enforcement)

[fandaz]

Hi There,

I received a PCN last week after parking in an area that I've used all my life. I'm 51 now so for decades I've parked off Road in front of the shops where I received the PCN.
I genuinely didn't see any signage and at 10:45 at night my only interest was popping into the KFC, which is next to where I parked.
I have attached a picture of the area. I parked outside the Pet Shop, Its not possible to park outside the KFC and also where I parked the Road is a no parking zone because of the nearby traffic light (pedestrian crossing).
Having looked at the parking signs its no wonder I didn't see them, they are so small and placed in between the shops, not in front of the parking space. As far as I am concerned these companies are a total rip off, even paying the shop owner 10% of any monies collected. Where will this stop. What next. Its bad enough the amount of TAX we have to pay on fuel and road tax, parking fees......think I'll buy a horse.

So a few years ago I over stayed the parking condition's at a local swimming pool, at that time I was told to just ignore any letters sent. I did and after a year or so the threatening letters stopped. I had letters from the Parking Company, then a company acting as their Legal Representatives, then bailiffs and the last few where back to the Parking Company and in desperation they started reducing the fine again.

Is this still the case? Can I simply ignore the letters from this Parking Company (Norfolk Parking Enforcement Ltd, Registered in England & Wales No. 803107)

There has been a bit of news in our local press about this company, they even changed a local car park entrance and tried to enforce fines for people entering the car park (link here)

I agree that these company's will damage local business. I will certainly never shop in any area where these signs are present.

Thanks

Fandaz

[mystery1]

Re: Parking Charge Notice - NPE (Norfolk Parking Enforcement)

I assume this was attached to you windscren ? If so wait until you get a notice to keeper in the post and post a copy up.

M1

[fandaz]

Re: Parking Charge Notice - NPE (Norfolk Parking Enforcement)

Thanks M1, thanks for the reply and apology's for not being clear. I was out on the 06/06/15 about 11:00PM. I received the PCN on the 09/06/15.
They certainly don't hang about trying to steal our money.
PCN Attached

Fandaz

[mystery1]

Re: Parking Charge Notice - NPE (Norfolk Parking Enforcement)

Keeper liability is only in play if they comply with PoFA 2012 schedule 4 para 9.

9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.
(2)The notice must—
(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;
(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;
(c)describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;
(d)specify the total amount of those parking charges that are unpaid, as at a time which is—
(i)specified in the notice; and
(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));
(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;
(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—
(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a current address for service for the driver,the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;
(g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;
(h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;
(i)specify the date on which the notice is sent (where it is sent by post) or given (in any other case).
(3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).
(4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.
(7)When the notice is given it must be accompanied by any evidence prescribed under paragraph 10.
(8)In sub-paragraph (2)(g) the reference to arrangements for the resolution of disputes or complaints includes—
(a)any procedures offered by the creditor for dealing informally with representations by the keeper about the notice or any matter contained in it; and
(b)any arrangements under which disputes or complaints (however described) may be referred by the keeper to independent adjudication or arbitration.





I say there is no period of parking (a time only isn't enough), para c isn't complied with in full, para D isn't fulfilled at all, the keeper is not invited to pay,doesn't state when it was sent.

As such only the driver has any liability and they don't know who that is.



So how do you get it binned ?

1. Appeal.

2. If rejected go to popla and win.


Dear Sirs,


I, as registered keeper, wish to invoke your appeals procedure. The driver did not see any signs. I am under no statutory obligation to name the driver and will not do so.


Should you reject my appeal please supply a popla code.


Yours etc.



If you get a popla code return for a suitable appeal.

M1

[fandaz]

Re: Parking Charge Notice - NPE (Norfolk Parking Enforcement)

This is the wording from their website regarding appeals :-
Please do not pay the charge if you are going to appeal, as payment is accepted as full and final settlement and once paid an appeal will not be considered.

If you wish to appeal against a Parking Charge Notice you will need to submit your case in writing to NPE within 28 days from the date of issue. All correspondence must include your name, full postal address including postcode, PCN reference number, and your Vehicle Registration Number.



You must supply evidence as to why you were parked in contravention of the parking terms and conditions as displayed on the warning signs erected on the land. The decision to accept or reject an appeal is based on the evidence supplied. It is important you supply all the evidence to support your appeal. Norfolk Parking Enforcement Ltd will not enter into multiple appeal processes.

All Parking Charge cases are placed on hold upon receipt of a written appeal. Any driver appealing against a parking charge notice within 14 days from the date of issue will be given the opportunity to provide payment at the reduced amount in the event that their appeal is rejected. You should be aware that any driver lodging an appeal later than 14 days from the date of issue will be liable for the full amount in the event that their appeal is unsuccessful.

All appeals should be marked for the attention of The Appeals Co-ordinators and sent to: PO BOX 244, Wymondham, Norfolk, NR18 8BZ
or emailed to appeals@parkingprotection.co.uk
Please allow 14 days for an acknowledgement and 35 days for a decision.

Link

http://www.parkingprotection.co.uk/appeals.html

[mystery1]

Re: Parking Charge Notice - NPE (Norfolk Parking Enforcement)

Don't worry about what they say. Don't pay is something i agree with though

M1