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#Post#: 50396--------------------------------------------------
NPM-Failure to Park Within a Marked Bay-unpaid Parking Charge
DIR By: daisy
Date: December 18, 2024, 12:01 pm
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Hello everyone,
I received a Parking Charge from NPM. I am finding it confusing
because, first of all, I did not park there. The SAT NAV took me
to a dead end, and I had to stop to sort it out. As you can see
from the photo, I was there only for 3 minutes. Secondly, I
stopped on the road. There are no yellow lines or anything.
Thirdly, I went back there today. I am finding the signage
unclear, as there is one company on the left-hand side of the
road and different signs on the other. I took some more
pictures. Hopefully, they are clear, and you can help me with
some advice.
Thanks in advance.
HTML https://i.imgur.com/tplzUYr.jpeg
HTML https://i.imgur.com/BNNMGZg.jpeg
HTML https://i.imgur.com/fBvNmWx.jpeg
The red dot shows where I had stopped.
HTML https://i.imgur.com/MpRDT3q.jpeg
HTML https://i.imgur.com/8ounJMm.jpeg
I did not enter this private area on the side.
HTML https://i.imgur.com/vCpZkGL.jpeg
I did see this one today. It is on the wall I stopped by that
evening. However, I did not see it at the time I had to stop.
HTML https://i.imgur.com/kwGTsmW.jpeg
This car was there today, and this is how I pulled over the
other evening.
HTML https://i.imgur.com/4dAbDz8.jpeg
This is the same car from the back.
#Post#: 50412--------------------------------------------------
Re: NPM-Failure to Park Within a Marked Bay-unpaid Parking
Charge
DIR By: b789
Date: December 18, 2024, 2:16 pm
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Welcome. This is how it is going to unfold and you must accept
that there is unlikely to be any other option unless you decide
to pay the scammers and become part of the problem.
You will appeal to NPM and it will be rejected. You won't bother
with the kangaroo court that is the IAS secondary appeal
service.
You then ignore the wave of useless debt collector letters that
will come your way until eventually, you receive a Letter of
Claim (LoC) and then an N1SDT Claim Form from the county court.
With our advice and a valid defence, you go through the motions
of acknowledging service of the claim and defending it.
Eventually, the claim is discontinued once they realise you are
not some low-hanging fruit on the gullible tree that is going to
capitulate at the first sign of litigation.
So, for now, you appeal to NPM with the following:
--- Quote ---
> Appeal Against Parking Charge Notice [PCN Reference Number]
>
> Dear NPM,
>
> I am writing to challenge the Parking Charge Notice referenced
above. The allegation is that the driver "failed to park within
a marked bay," based on an observation period of just 3 minutes.
>
> This notice is completely baseless and in breach of the
Private Parking Single Code of Practice (SCoP), Annex B1. For
locations where parking is restricted to permit holders, a
minimum consideration period of 5 minutes must be allowed for
drivers to read and accept the terms and conditions. Issuing a
PCN after only 3 minutes is a blatant violation of this
requirement, rendering the PCN invalid.
>
> It is obvious that no breach of terms could possibly have
occurred within the mandated consideration period. Your actions
demonstrate either ignorance of the SCoP or an intentional
disregard for its rules in an attempt to extort money from
drivers.
>
> This PCN must be cancelled immediately. I will not waste my
time engaging with the IAS, an organisation that exists solely
to shield operators like you from accountability. Should you be
so vexatious as to pursue this matter further, I will relish the
opportunity to defend against your spurious claim in court,
where your disregard for the Private Parking Code of Practice
and your predatory practices will be laid bare.
>
> Yours,
>
> [Your Full Name]
--- End Quote ---
#Post#: 50424--------------------------------------------------
Re: NPM-Failure to Park Within a Marked Bay-unpaid Parking
Charge
DIR By: daisy
Date: December 18, 2024, 4:11 pm
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Welcome. This is how it is going to unfold and you must accept
that there is unlikely to be any other option unless you decide
to pay the scammers and become part of the problem.
>
> You will appeal to NPM and it will be rejected. You won't
bother with the kangaroo court that is the IAS secondary appeal
service.
>
> You then ignore the wave of useless debt collector letters
that will come your way until eventually, you receive a Letter
of Claim (LoC) and then an N1SDT Claim Form from the county
court.
>
> With our advice and a valid defence, you go through the
motions of acknowledging service of the claim and defending it.
Eventually, the claim is discontinued once they realise you are
not some low-hanging fruit on the gullible tree that is going to
capitulate at the first sign of litigation.
>
> So, for now, you appeal to NPM with the following:
>
> [quote]Appeal Against Parking Charge Notice [PCN Reference
Number]
>
> Dear NPM,
>
> I am writing to challenge the Parking Charge Notice referenced
above. The allegation is that the driver "failed to park within
a marked bay," based on an observation period of just 3 minutes.
>
> This notice is completely baseless and in breach of the
Private Parking Single Code of Practice (SCoP), Annex B1. For
locations where parking is restricted to permit holders, a
minimum consideration period of 5 minutes must be allowed for
drivers to read and accept the terms and conditions. Issuing a
PCN after only 3 minutes is a blatant violation of this
requirement, rendering the PCN invalid.
>
> It is obvious that no breach of terms could possibly have
occurred within the mandated consideration period. Your actions
demonstrate either ignorance of the SCoP or an intentional
disregard for its rules in an attempt to extort money from
drivers.
>
> This PCN must be cancelled immediately. I will not waste my
time engaging with the IAS, an organisation that exists solely
to shield operators like you from accountability. Should you be
so vexatious as to pursue this matter further, I will relish the
opportunity to defend against your spurious claim in court,
where your disregard for the Private Parking Code of Practice
and your predatory practices will be laid bare.
>
> Yours,
>
> [Your Full Name]
--- End Quote ---
Thank you for outlining the process clearly. I completely agree
with your approach and that this is the best action to address
the situation effectively.
I am fully prepared to follow the steps you have recommended and
will ensure that everything is handled as advised.
Thank you again for your support.
#Post#: 50426--------------------------------------------------
Re: NPM-Failure to Park Within a Marked Bay-unpaid Parking
Charge
DIR By: b789
Date: December 18, 2024, 4:14 pm
---------------------------------------------------------
This is a well trodden path and we are very familiar with the
process and the various operators modus operandi.
#Post#: 50715--------------------------------------------------
Re: NPM-Failure to Park Within a Marked Bay-unpaid Parking
Charge
DIR By: daisy
Date: December 21, 2024, 5:56 pm
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These guys are quick. This is their reply:
HTML https://i.imgur.com/LxC9C8G.jpeg
HTML https://i.imgur.com/Jk7cWbb.jpeg
"Failure to Park Within a Marked Bay"? "Parking on private
land"? - Is the road even private land? It’s not even a private
road. What exactly are they talking about?
"Parking contract"? - Driving in the dark and entering a road
with a sign only on the left-hand side—completely unrelated to
their jurisdiction—does not mean I’ve agreed to enter into any
sort of contract.
"The grace period is not a free parking period and will not
apply if the driver is making use of the land"? - I wasn’t given
a chance to choose anything, and what exactly did I use?
"In addition, choosing to not read the T&Cs"? How is someone
expected to read small print in the dark while driving?
"The driver automatically entered into a contractual agreement"?
- No, I did not. That’s precisely why I left after three
minutes. I didn’t even park—I pulled over for three minutes.
What is wrong with these people?
#Post#: 50727--------------------------------------------------
Re: NPM-Failure to Park Within a Marked Bay-unpaid Parking
Charge
DIR By: b789
Date: December 22, 2024, 1:23 am
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Why are you surprised at their response. I already told you
earlier that they are going to reject any appeal.
My advice is to wait this out and see if they decide to issue a
claim. The IAS appeal is a fruitless exercise but you are free
to have a go is you really want to.
You can safely ignore all debt collector letters they will send
you. This will be won if/when they send a claim. They really
don't want to get this in front of a judge and are simply hoping
that you are gullible enough to pay up when they threaten or
actually start litigation.
#Post#: 50738--------------------------------------------------
Re: NPM-Failure to Park Within a Marked Bay-unpaid Parking
Charge
DIR By: daisy
Date: December 22, 2024, 5:01 am
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Will not appeal to the IAS affect my case in court? I am
concerned it might be seen as not following standard procedures.
If that’s not an issue, I am fine with waiting.
#Post#: 50754--------------------------------------------------
Re: NPM-Failure to Park Within a Marked Bay-unpaid Parking
Charge
DIR By: b789
Date: December 22, 2024, 9:29 am
---------------------------------------------------------
Whether you do or you don’t engage with the kangaroo court that
is the IAS has absolutely no bearing on anything going forwards.
There are no “standard procedures”. You are dealing with an
unregulated private parking company.
I can guarantee that if/when they do issue a claim, they will be
in breach of CPR 16.4 the moment they issue it. That alone is
grounds for strike out, never mind the reasons for the claim in
the first place.
Thy really do not want a judge to consider their claim because
thy are likely to get a proverbial spanking. They rely on your
gullibility and ignorance of the process and the law to actually
pay up before the claim goes to a hearing.
Over 41,000 PCNs are issued every single day by these
unregulated private parking companies. The majority are paid at
the “mugs discount” rate. For those that are challenged through
the appeals process, depending on whether through POPLA or the
IAS, many recipients think that that is the end of the process
and they must pay up. It isn’t and they don’t have to.
Of those that go as far as a claim, the majority (who don’t get
the advice given here or on MSE) end up as either default CCJs
because the defendant has no idea of the process or deadlines or
else the defendant poops their pants and pays up out of fear of
litigation.
The rest, when defended properly, end up being discontinued
before any hearing. Those that do end up at a hearing, which is
very few, are usually successful. Even if it weren’t, there is
no danger of a CCJ because as long as the CCJ is fully paid
within 28 days of judgment, it is completely expunged from your
credit record. Also, the actual CCJ is usually less than the
claim amount anyway.
So, the odds are in your favour if you honestly believe that you
have been issued the PCN unfairly or unlawfully.
#Post#: 50825--------------------------------------------------
Re: NPM-Failure to Park Within a Marked Bay-unpaid Parking
Charge
DIR By: daisy
Date: December 23, 2024, 7:10 am
---------------------------------------------------------
I feel much more confident about the process now. It is good to
know that engaging with the IAS won’t impact any potential
outcome later. Your point about CPR 16.4 and their reluctance to
take this to court is helpful to understand.
I will wait to see what is going to come next.
Thanks again for your advice and for breaking it all down so
clearly. It’s much appreciated!
#Post#: 54958--------------------------------------------------
Re: NPM-Failure to Park Within a Marked Bay-unpaid Parking
Charge
DIR By: daisy
Date: January 24, 2025, 12:28 pm
---------------------------------------------------------
Hi guys,
I received this email today, and after searching on Google, I
found out that this is a company that deals with parking charge
notices. I think it might be related to the penalty mentioned
above. However, I find it strange to receive this type of email.
It looks like a scam. Is this normal? A personal business
matter? What on earth is going on?! Has anyone ever had to deal
with them? Is this even legal?
Thanks.
HTML https://i.imgur.com/heTn8w0.jpeg
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