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#Post#: 17625--------------------------------------------------
Euro Car Parks - Alexandra Palace - No valid payment-permit was
purchased - 06 March
DIR By: almep13
Date: March 18, 2024, 5:40 pm
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Good evening Forum members,
This redacted NtK was received today with a date of issue
indicated as 13 March 2024.
The alleged contravention was for not purchasing a valid
payment-permit at Alexandra Palace.
The passenger in the car is disabled and holder of a blue badge
and was attending a free event organised by the BBC. Its website
was indicating before the event that there was free parking for
disabled blue badge holders on first come first served basis and
that the traffic marshals will direct the cars. Unfortunately,
that link is not showing up any longer, because the event is in
the past.
Upon the entrance into the car park the driver stopped by the
traffic marshal querying if there was free parking available for
blue badge holders and they were directed by the traffic marshal
to park on the left of East Court entrance. The car park was
almost full
The blue badge holder noticed no signage to indicate that any
parking restrictions applied or that the car was entering an
ANPR monitored car park.
Upon receipt of the NtK, the disabled Blue Badge holder looked
up the parking at Alexandra Palace and it appears that Blue
Badge holders are entitled to free parking, but validation on
site is required or emailing parking@alexandrapalace.com.
Neither the BB holder, nor the driver were aware of such
details, hence they just parked displaying the BB and timer disc
on the dashboard only to find out that a NtK has been issued.
The BB holder emailed to parking@alexandrapalace.com earlier
this evening indicating the circumstances, more or less as
above.
I'm attaching links to the PCN, both pages, and I would
appreciate your views. There are no pictures of signages at the
site at this moment, but hopefully will be available later this
week.
HTML https://ibb.co/yytQWFd
HTML https://ibb.co/C8Vy8RN
Thank you for taking your time to read this.
P.S. Forgot to mention that the BB holder provided evidence of
the ticket at the event and copies of the BB to
parking@alexandrapalace.com.
Kind regards,
Almep13
#Post#: 17655--------------------------------------------------
Re: Euro Car Parks - Alexandra Palace - No valid payment-permit
was purchased - 06 March
DIR By: b789
Date: March 19, 2024, 4:48 am
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The NtK fails PoFA 9(2)(e)(i) in that the wording fails to
“invite” the keeper to pay the charge. Whilst there are plenty
of other reasons to fight this PCN, at this stage, only the
keeper must respond and the driver should not be identified.
As the OP is in the process of Plan A, querying the PCN with the
landowner/business that has contracted ECP, there are several
legs to appeal on for Plans B and C. I or others will no doubt
interject on this thread to highlight those options/arguments.
#Post#: 17656--------------------------------------------------
Re: Euro Car Parks - Alexandra Palace - No valid payment-permit
was purchased - 06 March
DIR By: H C Andersen
Date: March 19, 2024, 4:52 am
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The PCN looks to be compliant with the conditions which, as a
matter of law, would allow the creditor to pursue the keeper for
the charge in the event that it remains unpaid and the PCN is
not cancelled.
If there is consensus on this point then other than for the
addressees' details there would seem to be no reason to redact
any other info.
OP, are you the RK or are you acting on somebody else's behalf?
There are no pictures of signages at the site at this moment,
but hopefully will be available later this week.
How so and from where? The RK would be most unlikely to get
these from the creditor.
Would anyone be able to return to the site to take photos of
signs etc. if required? Indeed, were the signs on the day of a
temporary or permanent nature?
#Post#: 17660--------------------------------------------------
Re: Euro Car Parks - Alexandra Palace - No valid payment-permit
was purchased - 06 March
DIR By: b789
Date: March 19, 2024, 5:00 am
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Whilst the NtK “looks to be compliant”, in my opinion, it fails
on this point:
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—
9(2)(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;
As ECP state in the NtK, they can only rely on keeper liability
if they comply with the applicable conditions of PoFA. Had they
included the words “You are now invited to pay the charge...”.
They didn’t.
#Post#: 17753--------------------------------------------------
Re: Euro Car Parks - Alexandra Palace - No valid payment-permit
was purchased - 06 March
DIR By: almep13
Date: March 19, 2024, 5:23 pm
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[member=26]b789[/member] and [member=428]H C Andersen[/member],
Thank you very much for your prompt and detailed responses, I
appreciate. Apologies for the late response.
The BB holder received an email earlier today by the landowner's
administration team, parking@alexandrapalace.com, apologising
for the experience at their car park, confirming exemption of
parking in the future at their car park as well as request to
ECP to cancel the PCN. Hopefully, the cancellation will take
place soon and I'll keep you posted.
Thank you once again for your time and have a nice evening.
Kind Regards,
Almep13
#Post#: 17758--------------------------------------------------
Re: Euro Car Parks - Alexandra Palace - No valid payment-permit
was purchased - 06 March
DIR By: DWMB2
Date: March 19, 2024, 5:38 pm
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Good result! Keep hold of that email just in case.
--- Quote ---
> Hopefully, the cancellation will take place soon and I'll keep
you posted.
--- End Quote ---
Euro Car Parks may or may not bother letting you know (after
all, sending a letter costs them money with no prospect of any
gain). One common tactic for checking a charge has actually been
cancelled is to go on the website as if you are going to pay and
see if the PCN comes up. Wait a few days before doing this to
give them time to actually cancel it.
#Post#: 17761--------------------------------------------------
Re: Euro Car Parks - Alexandra Palace - No valid payment-permit
was purchased - 06 March
DIR By: almep13
Date: March 19, 2024, 5:47 pm
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Thank you DWMB2 for the suggestion, I appreciate it.
Have a good evening.
Almep13
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