NE PARKING lTD

[Jannie66]

A colleague had a fine from NE Parking in Blackpool. He immediately tried to pay online but the system failed. He tried by phone but the system failed.
He googled the company and it came up with scam company. So he gave up.
So now the fine has gone to £160 which he cannot afford to pay. I have raised a case with resolver but Debt recovery say it will not be looked at because of the timing.

I dont know what to try next can anyone help?

Its unfair that he tried to pay and their system failed continuously. We do have proof of this.

[R0b]

Hi

When I google the company, I don't see anything around the company being a scam company, rather their website clearly states they are a car parking management company and granted there was also a TripAdvisor link that suggested the company was a scam but that was the opinion of the poster which, if you read the subsequent threads, they clarify what this company is. Unless your colleague has been reading other material I can't see on Google, I don't think it's much of an excuse to say that he thought it was a scam, especially when he parked in a car park which I am presuming has signage that states it is run by NE Parking Ltd.

Forget resolver, that isn't going to help him. Before we can provide any meaningful assistance, it would be helpful if you could supply the following information.

1. A copy of the PCN letter that was sent to him originally as this would outline and detail the allegations pertaining to the breach. If your colleague does not have a copy of this then he should contact the parking co. and ask for a copy. If no copy is provided within a reasonable time e.g. 7-14 days, then he should make a formal subject access request for this information which then obliges the parking co. by law to provide that information within one month.

2. What is meant by the online and telephone system failing as that could mean a number of things. Were there any error messages when trying to pay online and did he take any screenshots to verify the error? What about the telephone call, was there a recorded message, or did he not get through to anyone or something else?

3. If both systems failed and there were no means of payment, why did your colleague think it was ok to still park there without payment if he knew payment was required? Was there any reason why he could not have parked elsewhere? Has he offered to pay the charges for his stay and does he have evidence of this?

In the end, there is a realistic possibility that the parking co. could take this to court and it will be up to your colleague to decide whether to pay up or defend it. I'm not familiar with this company so I don't know their appetite for issuing claims and it may be that it just ends up going nowhere.

Regardless, I think your colleague should write a robust letter setting out clearly what happened and the fact that both systems failed, include evidence of that fact, then offer to pay the relevant charges for the time he stayed. Since it was a system error, that was out of his reasonable control and it was therefore impossible for him to comply.

I suspect the parking co. would reject that and say he is out of time for any appeal in which case he would need to sit it out and wait to see if they take it to court (up to 6 years from the date of the incident). I would not advise to ignore any subsequent letters from them or any debt collector but instead just a short response enclosing the original email/letter explaining the situation.

Assuming your colleagues facts are correct, he would have a good chance of defending the claim the parking co. would likely end up discontinuing the claim before the trial date. If your colleague wants any feedback on the letter, feel free to post it up for critique but make sure anything uploaded is redacted and free from personal information.

[PallasAthena]

A colleague had a fine from NE Parking in Blackpool.

It is not a fine. Fines can only be imposed by a court for a criminal offence of which you have been convicted.

It's a speculative invoice from a private parking company alleging a breach of contract. Parking disputes are not criminal offences and if it went to court it would be to a civil court, not a criminal court.

[Jannie66]

Hi

When I google the company, I don't see anything around the company being a scam company, rather their website clearly states they are a car parking management company and granted there was also a TripAdvisor link that suggested the company was a scam but that was the opinion of the poster which, if you read the subsequent threads, they clarify what this company is. Unless your colleague has been reading other material I can't see on Google, I don't think it's much of an excuse to say that he thought it was a scam, especially when he parked in a car park which I am presuming has signage that states it is run by NE Parking Ltd.

Forget resolver, that isn't going to help him. Before we can provide any meaningful assistance, it would be helpful if you could supply the following information.

1. A copy of the PCN letter that was sent to him originally as this would outline and detail the allegations pertaining to the breach. If your colleague does not have a copy of this then he should contact the parking co. and ask for a copy. If no copy is provided within a reasonable time e.g. 7-14 days, then he should make a formal subject access request for this information which then obliges the parking co. by law to provide that information within one month.

2. What is meant by the online and telephone system failing as that could mean a number of things. Were there any error messages when trying to pay online and did he take any screenshots to verify the error? What about the telephone call, was there a recorded message, or did he not get through to anyone or something else?

3. If both systems failed and there were no means of payment, why did your colleague think it was ok to still park there without payment if he knew payment was required? Was there any reason why he could not have parked elsewhere? Has he offered to pay the charges for his stay and does he have evidence of this?

In the end, there is a realistic possibility that the parking co. could take this to court and it will be up to your colleague to decide whether to pay up or defend it. I'm not familiar with this company so I don't know their appetite for issuing claims and it may be that it just ends up going nowhere.

Regardless, I think your colleague should write a robust letter setting out clearly what happened and the fact that both systems failed, include evidence of that fact, then offer to pay the relevant charges for the time he stayed. Since it was a system error, that was out of his reasonable control and it was therefore impossible for him to comply.

I suspect the parking co. would reject that and say he is out of time for any appeal in which case he would need to sit it out and wait to see if they take it to court (up to 6 years from the date of the incident). I would not advise to ignore any subsequent letters from them or any debt collector but instead just a short response enclosing the original email/letter explaining the situation.

Assuming your colleagues facts are correct, he would have a good chance of defending the claim the parking co. would likely end up discontinuing the claim before the trial date. If your colleague wants any feedback on the letter, feel free to post it up for critique but make sure anything uploaded is redacted and free from personal information.

Hi Rob

First of all thanks so much for replying.

1. I have uploaded the PCN, proof of transaction error along with emails.
2. The telephone system is an automated one.
3. He parked opposite the B & B he was staying at as advised by the B & B owner. It was a piece of waste land where a demolition of a hotel had taken place. There was no where to pay.

He accepts he is in the wrong but the original fine of £60 is now £160. He is upset that he tried to pay and the system failed.

[des8]

It seems to me that there WAS a possibility that the charge was unenforceable
Part of the Notice to Keeper has been blanked out and I can't see where a period of parking is stated, nor when the alleged incident occurred (both points which parking companies often get wrong)

Also a more legible picture of the car park signage would be helpful.

The driver doesn't appear to have been identified so there might still be a chance to dispute the enforceability of this invoice

[Jannie66]

Des8 thanks for your post.
The period of parking is N/A to N/A.
The date was July.
The vehicle is a company one so the driver is not identified but we have made calls trying to plead his case.
The company will not pay as it happened out of work hours.

[des8]

I take it your colleague is not the registered keeper, and the original Notice to Keeper was sent to the company.
Have the company passed the notice directly to your colleague without informing NE Parking?

It is difficult to understand exactly where your colleague is in the process, but I think his defence has got to be that the parking company have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 by, failing to specify the period of parking to which the notice applied as prescribed by section 9 (2) (e) of the Act.
They cannot, therefore, transfer liability for the alleged charge from the driver at the time to your colleague, the keeper.

I think there may be other failures, such as the time lapse between the incident and the issuance of the charge, but the full details haven't been made available to the forum.
The parking notice isn't legible and it seems that NE Parking have instructed Debt Collectors, so they will need telling to go away as well!

[Jannie66]

Thanks Des8 we will try that. I will let you know the outcome. We are so grateful for your advice.

[Jannie66]

Yes the charge has not been forwarded to the driver, my collegue. So if I am emailing should it state something like

We disagree with your charge for the following reason.

On your Parking notice dated 25 July 2023 you have failed to comply with the requirements of Schedule 4 of The Protection of Freedoms Act 2012 by, failing to specify the period of parking to which the notice applied as prescribed by section 9 (2) (e) of the Act.

Sorry to ask.

[Jannie66]

The debt collectors notices do have dates on.

[des8]

The notice to keeper has to comply with several directions if liability is to be transferred from driver to keeper.
One of these requirements is that the notice to keeper states a period of parking.

You have said the NTK does not contain this information

So the standard response is:


Dear Sirs,
I have received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to specify the period of parking to which this notice applies as prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.
Yours etc


Now there are still gaps in the info posted here, so it is for you to decide whether or not to use the templates.

[Jannie66]

Des8
Today we received another Debt letter. I called them and it has been removed from the system!!

I hope thats the end of it.

Thanks so much for your help we are forever grateful to have people help like you do.

[des8]

Thanks for the update, but do keep the correspondence as they might try again sometime in the next 6 years!