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Help with parking tickets

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  • Help with parking tickets

    Hi, I found this site while doing a google search and really hope you can help me and my wife

    My wife recently started a new job with the NHS, which involves parking at a private shared office site. Parking is enforced by National Parking Enforcement Ltd.

    My wife had sustained quite a serious knee injury just before starting and had to wear what can be best described as a external brace to stop any twist in the knee as it was soft tissue injuries. She was told to park by her new employer in the disabled parking bay, however the receptionist of the shared office said she could no longer park there as she did not have a blue disabled badge. Essentially my wife was temporarily disabled, not permanently, so not eligable for a blue badge. She was then told again by her employer to park in the main car park of the office. This was fine until the following happened;

    On the 19th April she was told by a colleague she had a ticket on her car. My wife went out and it stated at 13:15 hours she was "Not parked in a marked parking bay". She removed the ticket and placed the vehicle in a marked parking bay and was issued with another ticket 16 minutes later at 13:31 and this time it was for "No permit".

    The following day she recieved through the post a letter stating that on the 14th April she is issued with a ticket for "Not parked in a marked parking bay".

    Both tickets and the letter state to pay in 14 days for £60 or within 28 days for £100.

    So she appealed all three tickets via their website, on the basis of her temporary disability and also that she had been told by her employer to park there. The employer rents office space in the building that the car park is attached to. Just to note the two tickets issued on the day were done as one appeal with the following acknowledgement email response;

    19th April 2016 13:46
    Dear Mrs xxxx

    Thank you for your appeal, you will receive a reply in due course for ticket: xxxxx with vehicle: xxxxx.

    For more information regarding our appeal process please visit our website.


    We had no response to the appeal of the two tickets issued 16 minutes apart from each other, but yesterday (23rd May) received two seperate letters, one for each ticket, stating that there is now £100 due on both tickets.


    The letter that was appealed we have the following response copied below;

    17 May 2016
    Dear Mrs xxxxx,
    Re: Parking Charge Notice Number xxxxx (Vehicle: xxxxxx)
    Site: xxxxx Business Park
    Issue date: 18/04/2016
    Thank you for your appeal received on 19/04/2016 regarding the above detailed Parking Charge Notice. We have reviewed the case and considered the comments that you have made. This appeal has been considered in conjunction with the evidence gathered by the photographic evidence and parking attendants notes (where applicable). Our records show that the notice was correctly issued as your vehicle was parked in breach of the Terms and Conditions of Parking. Parking at this location is only permitted in a marked parking bay.
    The decision in the Parking Eye v Beavis case has been handed down by the Supreme Court on 4th November 2015. The judgement confirms parking regimes which impose charges where motorists overstay or breach the terms of their contractual licence to park are enforceable charges. The summary to the judgement can be found here- https://www.supremecourt.uk/cases/do...ss-summary.pdf
    We are therefore unable to cancel the Parking Charge Notice as it was issued correctly. We have now extended the discounted payment period by 14 days to allow you time to pay the discounted settlement amount. Please now make payment of £60 to reach us by 31/05/2016 or £100 to reach us by 14/06/2016. We must advise you that once the discounted settlement rate passes it will not be offered again.
    Payments can be made by cheque or postal order made payable to National Parking Enforcement Ltd. Please ensure you write your Parking Charge Notice number clearly on the reverse. Please do not send cash through the post. Payment can be made using a debit or credit card by calling the automated payment line on 0333 0066292 (please be aware that a £1.50 processing fee will be added). For our full Complaints Procedure please visit www.parkingprotection.co.uk.
    If you wish to contest our decision, please send your representations to www.theIAS.org within 21 days from the date of this letter. Please note that if you wish to appeal to IAS the reduced charge will no longer be offered and the full charge will be outstanding if your appeal is not successful.
    Regards
    Appeals Department
    National Parking Enforcement


    I really would appreciate any guidance or advice that can be offered in regard to this matter and know my wife would be as this has caused alot of stress.

    Thank you
    John
    Tags: None

  • #2
    Re: Help with parking tickets

    Has she contacted her employer with a view to them getting these cancelled ?

    What do the signs say ?

    Do they know the id of the driver or just who the registered keeper is ?

    M1

    Comment


    • #3
      Re: Help with parking tickets

      Hi M1,

      She has told her manager who has said she is happy to write a letter saying she was told to park in teh car park to the office where she got the tickets.

      We have a picture of the sign attached to the email response they gave to one appeal ... umm not sure how to attach it though. Can I email it to one of the addresses at the bottom of your response?

      I am guessing yes they know who the driver is as my wife did the appeal on their website

      thank you
      John

      Comment


      • #4
        Re: Help with parking tickets

        She has told her manager who has said she is happy to write a letter saying she was told to park in teh car park to the office where she got the tickets.
        A letter which will be ignored. The manager needs to make efforts to get the ticket cancelled. If they have no power to do so then they probably didn't have the power to authorise your wife in the first place.

        We have a picture of the sign attached to the email response they gave to one appeal ... umm not sure how to attach it though. Can I email it to one of the addresses at the bottom of your response?
        Either that or click advanced and use the paperclip or https://www.youtube.com/watch?v=BjnPAhAdxZQ

        I am guessing yes they know who the driver is as my wife did the appeal on their website
        Register an intent to appeal and when they lodge their primie facie case we'll find out. (Once per ticket).



        Do not state the driver id at this stage.

        M1

        Comment


        • #5
          Re: Help with parking tickets

          Ok parking sign picture attached
          Attached Files

          Comment


          • #6
            Re: Help with parking tickets

            Sorry M1 I am new to this. Am I submitting an appeal to the parking site ? or should i appeal direct to the IAS through their website ? the buttons on the attached do not work, were they supposed to?

            Sorry for the questions, just not clear on what to do. And thank you so much for your assistance so far it is very kind of you and appreciated!

            Thanks
            John

            Comment


            • #7
              Re: Help with parking tickets

              Well that fails to make an offer to anyone without a permit. No contract blah blah. http://parking-prankster.blogspot.co...-court-no.html

              It also fails the Beavis tests as it is not clear. For example, i cannot see the "penalty" figure in the larger text.

              Like i say, file the intent to appeal and we'll appeal depending on the response.

              M1

              Comment


              • #8
                Re: Help with parking tickets

                Thanks M1, its nice to know there is something to go on here.

                So do I file the intent to appeal with the parking company itself? or with the IAS?

                Thanks
                John

                Comment


                • #9
                  Re: Help with parking tickets

                  theias.org

                  M1

                  Comment


                  • #10
                    Re: Help with parking tickets

                    Thanks M1, making much more sense now as i have now appealed the letter one. However the IAS site does not recognise the refernce number from the two tickets that were attached to the car. The reference number on them is a 7 figure number, but the PCN reference number in the letter is 6 numbers and was recognised. I can see no other numbers on the tickets and the two letters associated with them recieved yesterday just replicates the same 7 figure number.

                    Do i need to contact the parking company for a seperate number

                    Again thank you for your help and patience with me. You can probably guess never had to do this before. No tickets then 3 come along all at once ... abit like buses
                    John

                    Comment


                    • #11
                      Re: Help with parking tickets

                      No. You need to await the notice to keeper then appeal as keeper & lose before you can get to the IAS stage.

                      M1

                      Comment


                      • #12
                        Re: Help with parking tickets

                        Ok thanks M1.
                        We did appeal through their website on the 19th April and only recieved an acknowledgement email to that appeal. We then receieved teh postal charges yesterday for those two tickets. We never recieved a response. Should we appeal again?

                        Comment


                        • #13
                          Re: Help with parking tickets

                          When a ticket is affixed to a vehicle you either appeal or wait for a letter through the post. If you wait then you appeal when you get the letter through the post.

                          In either scenario, once the appeal is rejected you then go to THEIAS as described. If it seems to be taking ages ask the operator in case the result has gone astray in the post.

                          If that flow is interrupted and you cannot go to THEIAS then contact the parking company and complain that you cannot do so.

                          This process needs done completely separately for every ticket.

                          M1

                          Comment


                          • #14
                            Re: Help with parking tickets

                            Thanks M1, I'll go back to the operator and re-afirm my intention to appeal.
                            Thanks again
                            John

                            Comment


                            • #15
                              Re: Help with parking tickets

                              Hi M1
                              I have now recieved the "Prima Facie Case" via the IAS for the initial rejected appeal. I have copied below for information; I have also attached two pictures submitted by them; one of the sign that is clearer than the previous one and the second is some random car park entrance, that is not the location where my wife was parked, in fact we have no idea where it is; there was a third picture (not attached) which is the picture of the car itself, showing the number plate.


                              Standard Appeal


                              My Intent To Appeal

                              You registered the intent to appeal on [COLOR=#000000 !important]24/05/2016 14:30:17
                              .[COLOR=#000000 !important]
                              You reported that you were the registered keeper but is not prepared to state who was driving at the time the parking charge was issued.

                              You reported that you are being held liable for the parking charge.[/COLOR]

                              Operator's Prima Facie Case

                              The operator made their Prima Facie Case on [COLOR=#000000 !important]26/05/2016 13:24:35[/COLOR].

                              The Operator Reported That...

                              ANPR/CCTV was used.
                              The Notice to Keeper was sent on [COLOR=#000000 !important]18/04/2016[/COLOR].
                              A response was recieved from the Notice to Keeper.
                              The ticket was issued on [COLOR=#000000 !important]14/04/2016[/COLOR].
                              The Notice to Keeper (ANPR) was sent in accordance with PoFA.
                              The charge is based in Contract.

                              The Operator Made The Following Comments...

                              The appellant's wife appealed this parking charge as the driver and we are not pursuing Mr A for this charge, we are pursuing Mrs A.

                              The vehicle was found parked outside of a marked parking bay and as advised on the signage, this is not permitted at this location. Mrs A claims her employer advised her to park in this manner, however, the employer is not the landowner (or managing agent for) and therefore does not have any authorisation to advise to park there.
                              Appeal

                              The Operator has provided the evidence above which he says proves that you are, on the face of it, responsible for the parking charge in question.

                              You now have TWO options:

                              [COLOR=#000000 !important]1) SUBMIT YOUR APPEAL[/COLOR] - You can respond to the evidence by making any representations that you consider to be relevant as to the lawfulness of the charge any by uploading any photographs or other evidence that you may have. Once you submit your appeal you will not have the ability to add to or amend your submission. You have until [COLOR=#000000 !important]10/06/2016 23:59[/COLOR] to submit your appeal if this is the route you wish to take.

                              - OR -

                              [COLOR=#000000 !important]2) REFER THE CASE STRAIGHT TO ARBITRATION[/COLOR] - If you consider that the information provided is not capable of showing that you are , on the face of it, responsible for the parking charge, then you may choose this option. WARNING, the Adjudicator will assess ONLY the evidence provided by the operator and NOTHING MORE. You will not have the opportunity of making representations and the Adjudicator will decide, on the balance of probabilities, whether you are liable for the parking charge.Basis of Appeal:
                              1000 words left




                              [/COLOR]
                              Attached Files

                              Comment

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