Re: Unlawful Penalty Charge Notice - Legally where do I stand?
Posted: July 12th, 2018, 10:43 am
Hello Lovely Helpers,
Where do I stand legally?
I went on a business trip to Nottingham and parked in a signposted carpark at 10:55, called Pemeberton St Car Park. The machine swallowed £2 of my cash saying it had an error. I paid again and this time managed to pay the full price of £5 and I got my daily ticket for the car-park, which I clearly displayed on my car's dashboard. My ticket lasted until 22:55. When I returned around at 16:00, I found a Penalty Charge Notice placed on my windscreen right above the clearly displayed ticket. (About 1.5 hrs later I was already in a different city, having a drink with a friend with a receipt and picture to prove it.)
The car park was spread over on both sides of the street, with clear signs for the play and display ticket system. I parked the car on one side and paid at the available ticket machine on the other side of the street.
Upon my return, I saw a workman’s car near where I parked, and I noticed that the workman is opening a fence, behind which there was another ticket machine. This was neither visible to me before nor physically accessible when I entered the car-park. As the workman opened the fence at 16:00-ish, this ticket machine become accessible and visible to me. On my return, I made a video showing the car-park tariff sign next to where I parked. The workman was also captured on the video.
The car-park signs clearly stated to me that this is the same car-park with the same tariff on both sides of the street, as the tariff signs were looking the same where I paid and where I parked. If it was not the same car-park then not only it was deliberately misleading, but one of the machines were physically inaccessible.
This PCN was from a private parking company called CPS Midlands Ltd (Management & Enforcement). It was not from the council. On the ticket, I can see the handwriting stating the site title of the PCN as "Pemberton St" I wrote a complaint to the company in which I said, "I parked at the Pemberton St car park at such and such date etc..." I explained in the letter, that I believe the PCN was in error and I accept their apologies, otherwise, I am prepared to take the matter further. I attached the photocopy of my purchased parking ticket to this letter and sent it to them with recorded delivery. I displayed my car-registration and my name as Ms Surname, as well as I, gave them my postal address.
They then sent me a letter back saying: "You failed in your appeal to confirm you were the driver if you wish to CPs midlands to consider a drivers appeal, complete the form overleaf and return within the specified time indicated thereon.” They say overleaf that unless I sign their form that I was the driver and send it back within 14 days, they will proceed with the PCN. They are also asking for my full postal address, business address, and e-mail address, but unclear in their wording about this.
Firstly, I was complaining to them because I clearly paid for the parking. Secondly, they did not give me their e-mail address or phone number and I don’t think they have the right to get these details from me. Finally, I am unsure if at all I am obliged to communicate with them further. Or if made a mistake to even communicate with them in the first place.
I am a free-lance starting out a brand-new business to try to make ends meet as my husband have not worked for 2 years. We are not on and have never been on benefits because I am confident I will make ends meet. As a result, my time is extremely precious and if this company wants to take me to court I would want to claim lost income and various costs in having to deal with them.
Where do I stand legally? Am I even obliged to reply to them?
My husband had something similar in a different city and they eventually threatened him with bailiffs. I would prefer to avoid a court case or bailiffs. However, I paid for my ticket and not prepared to pay for this unlawful fine. I believe I am not liable to do this.
Can you help me? I am looking for a fast and effective way to get them off my back without paying for their proposed unlawful fine.
Many thanks
Katkaland
Where do I stand legally?
I went on a business trip to Nottingham and parked in a signposted carpark at 10:55, called Pemeberton St Car Park. The machine swallowed £2 of my cash saying it had an error. I paid again and this time managed to pay the full price of £5 and I got my daily ticket for the car-park, which I clearly displayed on my car's dashboard. My ticket lasted until 22:55. When I returned around at 16:00, I found a Penalty Charge Notice placed on my windscreen right above the clearly displayed ticket. (About 1.5 hrs later I was already in a different city, having a drink with a friend with a receipt and picture to prove it.)
The car park was spread over on both sides of the street, with clear signs for the play and display ticket system. I parked the car on one side and paid at the available ticket machine on the other side of the street.
Upon my return, I saw a workman’s car near where I parked, and I noticed that the workman is opening a fence, behind which there was another ticket machine. This was neither visible to me before nor physically accessible when I entered the car-park. As the workman opened the fence at 16:00-ish, this ticket machine become accessible and visible to me. On my return, I made a video showing the car-park tariff sign next to where I parked. The workman was also captured on the video.
The car-park signs clearly stated to me that this is the same car-park with the same tariff on both sides of the street, as the tariff signs were looking the same where I paid and where I parked. If it was not the same car-park then not only it was deliberately misleading, but one of the machines were physically inaccessible.
This PCN was from a private parking company called CPS Midlands Ltd (Management & Enforcement). It was not from the council. On the ticket, I can see the handwriting stating the site title of the PCN as "Pemberton St" I wrote a complaint to the company in which I said, "I parked at the Pemberton St car park at such and such date etc..." I explained in the letter, that I believe the PCN was in error and I accept their apologies, otherwise, I am prepared to take the matter further. I attached the photocopy of my purchased parking ticket to this letter and sent it to them with recorded delivery. I displayed my car-registration and my name as Ms Surname, as well as I, gave them my postal address.
They then sent me a letter back saying: "You failed in your appeal to confirm you were the driver if you wish to CPs midlands to consider a drivers appeal, complete the form overleaf and return within the specified time indicated thereon.” They say overleaf that unless I sign their form that I was the driver and send it back within 14 days, they will proceed with the PCN. They are also asking for my full postal address, business address, and e-mail address, but unclear in their wording about this.
Firstly, I was complaining to them because I clearly paid for the parking. Secondly, they did not give me their e-mail address or phone number and I don’t think they have the right to get these details from me. Finally, I am unsure if at all I am obliged to communicate with them further. Or if made a mistake to even communicate with them in the first place.
I am a free-lance starting out a brand-new business to try to make ends meet as my husband have not worked for 2 years. We are not on and have never been on benefits because I am confident I will make ends meet. As a result, my time is extremely precious and if this company wants to take me to court I would want to claim lost income and various costs in having to deal with them.
Where do I stand legally? Am I even obliged to reply to them?
My husband had something similar in a different city and they eventually threatened him with bailiffs. I would prefer to avoid a court case or bailiffs. However, I paid for my ticket and not prepared to pay for this unlawful fine. I believe I am not liable to do this.
Can you help me? I am looking for a fast and effective way to get them off my back without paying for their proposed unlawful fine.
Many thanks
Katkaland