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NSGL Parking Charge Notice
Bendy McBendythu...
post Fri, 1 Mar 2019 - 16:05
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Good evening all,

This has been posted this on Reddit for the driver and was directed here, just so you know.

Apologies in advance if the formatting is off, I personally am not a forum expert and have copied, pasted and tried to tidy the post.

Now, the driver has a few queries about the issuing of the ticket, the road they were on and the best way to go about appealing after taking everything into consideration so I'll break it up as best I can individually based on what I've been told.

Here is an Imgur post which includes the ticket & the location/road the driver was on via Google Maps. What's on the ticket will be written at the very end of this post. The road is (it looks like anyway): Sperry Way, Stonehouse Park, Gloucester.
The 'infraction' is "Parked in restricted roadway".

1. So the first question is, is this road part of the public highway? It isn't clear to the driver where the private land 'starts', and if it happens to be a public highway. I assume only the council can issue tickets for 'illegal' parking?

2. The driver, as well as many others, may or may not have been parking in pretty much the same spot over a period of time on a daily basis. The driver received the fine on Monday; there were around 8 other cars along the road who had also been ticketed. As of yesterday and today nobody has been parking there, so the driver has assumed that these other people work in the general vicinity and were also caught out by the new signs being put up because it was outside of their 'normal routine'. The driver is 100% confident that the new signs were not in place up to Friday 22nd Feb so imagine they put them up at the weekend. Here are the pictures they took; the picture of the sign is not of anything next to the car. Also, the last picture is basically a drivers first view when entering the road - the very first sign is circled because there's no way you'd otherwise notice it, because it's parallel to the road... All other signage is so dated you can barely read it so the signs stating the rules are definitely brand new.

3. The driver now knows they shouldn't be parked there, the signs are what they are but they've definitely been sneaky about how they've gone about this and the driver's reason for saying that is the site owners have always communicated any changes and updates to the parking situation, but not on this occasion. Is it worth trying to appeal this/is it likely they'll be understanding that having parked there previously for so long without issue it became 'routine' in parking up and walking to work so the new signs went unseen - the driver is aware that they must avoid telling them directly that they may have parked there for a period of time cos they'll obviously tell me to get stuffed.

Sorry for the long post, the driver just wanted to detail as much as they could, pictures and all, so you can give better advice on it all. They are still within the 14 day 'grace' period hence the asking of this, they are just worried that straight up avoiding it will bite them or the keeper in the backside in years to come should they rack up interest and all that...

Thank you if you've read this far, and thank you in advance for any advice on this.

The ticket info is as follows:
QUOTE
Parking Charge Notice
Issued at: Stonehouse Park
Reason: Parked in restricted roadway
The charge for parking in contravention of the rules displayed on adequate signage on this site is £100, however this will be reduced to £60 if payment is received within 14 days from the time of issue of this parking charge notice. Please see below for payment options.
Vehicle keepers should be aware that for unpaid parking charge notices their name and address may be requested from the DVLA.
A photograph may have been taken of the vehicle for evidential value and will be stored in accordance with the company's data protection procedures. To view a copy of the ticket and any photos taken visit [www.nsglparking.co.uk] and click the link to pay a parking charge notice.

APPEALS
Verbal appeal/challenges will not be accepted, only written appeals/challenges will be processed.
If you wish to appeal this parking charge notice you should write to us at the address below or by email to appeals@nsglparking.co.uk, detailing the reason why you believe that this has not been appropriately issued. We will consider this appeal and respond to you within 35 days. Appeals received after 14 days will lose the right to the early payment discount.
If we reject your appeal an independent appeals service is available and we will give you the contact details for parking on private land appeals (POPLA). The independent appeals service when we write to you with our decision.
DO NOT IGNORE THIS NOTICE
Additional charges may be incurred if the ticket remains unpaid. After 28 days the matter may be referred to a debt collection agency and additional charges added.


This post has been edited by Bendy McBendythumb: Sat, 2 Mar 2019 - 10:16
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ostell
post Tue, 23 Apr 2019 - 21:10
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So now that it's sorted then this is what you need.

Dear Sirs,

I am the keeper of vehicle VRM xxxxx and have just received your Notice to Keeper xxxxx.

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 deliver the notice within the relevant period of 28 to 56 days as prescribed by section 8 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

In explanation POFA states that the NTK is assumed delivered within 2 working days, Section 8 (6). As the Notice you sent was dated Thursday 18th April it is assumed delivered 2 working days later, Wednesday 24th April, 58 days after the event.

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

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc


Send first class with free certificate of posting from a Post Office.

And date it Wednesday !!!!

They have also failed to give the invitation required by 8 (2) (e) so if they are awkward and continue then an appeal to POPLA with the POFA fails should be successful.

This post has been edited by ostell: Tue, 23 Apr 2019 - 21:15
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Bendy McBendythu...
post Wed, 24 Apr 2019 - 07:35
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QUOTE (Redivi @ Tue, 23 Apr 2019 - 21:32) *
NTK is dated 18th April - Thursday, before the 2 bank holidays.

The Protection of Freedoms Act says that it's delivered two working days later unless proved otherwise

Bank Holidays and weekends are excluded so, unless NSGL have prove differently, it won't be delivered until tomorrow, well outside the deadline


So what’s my course of action now? What’s the best way of informing them that their NTK was delivered outside of the 56 Day window?

Edit: Ignore this I’ve just seen the above post!..

QUOTE (ostell @ Tue, 23 Apr 2019 - 22:10) *
So now that it's sorted then this is what you need.

Dear Sirs,

I am the keeper of vehicle VRM xxxxx and have just received your Notice to Keeper xxxxx.

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 deliver the notice within the relevant period of 28 to 56 days as prescribed by section 8 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

In explanation POFA states that the NTK is assumed delivered within 2 working days, Section 8 (6). As the Notice you sent was dated Thursday 18th April it is assumed delivered 2 working days later, Wednesday 24th April, 58 days after the event.

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

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc


Send first class with free certificate of posting from a Post Office.

And date it Wednesday !!!!

They have also failed to give the invitation required by 8 (2) (e) so if they are awkward and continue then an appeal to POPLA with the POFA fails should be successful.


Okay great, I’ll get this readied today and posted tomorrow. Thanks again, really appreciate everything here from all!

Would it be worth mentioning the bank holidays or should they be smart enough to recognise that they’re excluded? Also, should I receive any further letters from them or any debt collectors what should I do at that point? (Just asking in case it does happen so I’m prepared!)

Thank you all again!

This post has been edited by Bendy McBendythumb: Wed, 24 Apr 2019 - 07:27
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ManxRed
post Wed, 24 Apr 2019 - 07:49
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QUOTE (Bendy McBendythumb @ Wed, 24 Apr 2019 - 08:35) *
Also, should I receive any further letters from them or any debt collectors what should I do at that point? (Just asking in case it does happen so I’m prepared!)

Thank you all again!


You complain to the BPA again and demand they take action.


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Bendy McBendythu...
post Wed, 24 Apr 2019 - 11:52
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QUOTE (ManxRed @ Wed, 24 Apr 2019 - 08:49) *
QUOTE (Bendy McBendythumb @ Wed, 24 Apr 2019 - 08:35) *
Also, should I receive any further letters from them or any debt collectors what should I do at that point? (Just asking in case it does happen so I’m prepared!)

Thank you all again!


You complain to the BPA again and demand they take action.


Awesome, cheers.

Also, here’s hopefully the end of this - letter typed up: https://imgur.com/a/jCVs3sg

Edit: Stupid question, but does it need to be addressed to anyone - “appeals department”, etc. - or is it fine just being addressed to NSGL... blah blah?

This post has been edited by Bendy McBendythumb: Wed, 24 Apr 2019 - 12:33
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ostell
post Wed, 24 Apr 2019 - 13:59
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Just leave it addressed as you have done. See what comes back
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Bendy McBendythu...
post Wed, 24 Apr 2019 - 14:31
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QUOTE (ostell @ Wed, 24 Apr 2019 - 14:59) *
Just leave it addressed as you have done. See what comes back



Thanks. I did re-read the NTK which doesn’t specify anything so went ahead with that. Posted! If I could buy you guys a pint I absolutely would!
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Bendy McBendythu...
post Sun, 12 May 2019 - 00:17
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So I recieved this today - a Final NTK: https://imgur.com/a/sRUscXg

I’ve emailed Steve C prior but will provide this to him now too. I’m still yet to receive anything regarding the appeal, nor, obviously, a response or even acknowledgement of my letter to them.

Help?! :/
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Bendy McBendythu...
post Mon, 13 May 2019 - 10:53
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(Please tell me if this is not allowed, but) Bump.
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Bendy McBendythu...
post Mon, 13 May 2019 - 11:49
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So I decided to call them (hiding my number) to find out what the hell they’re playing at... what they effectively told me was ‘we didn’t feel your appeal was real’... I’m astounded at the incompetence of these people yet their willingness to try to pry away people’s money with no care, it’s disgraceful. I’ve been told to send the letter to their appeals email as they apparently never received it...
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ostell
post Mon, 13 May 2019 - 14:21
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Well that's an original reason!! Why did they not think it was real or could they not explain?

So write back to them and tell them to refer back to your letter of the xxxxx. Continuing to contact you and demand money is developing into harassment, please refer to Ferguson v British Gas.

No more phoning them !!!
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Bendy McBendythu...
post Mon, 13 May 2019 - 14:40
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QUOTE (ostell @ Mon, 13 May 2019 - 15:21) *
Well that's an original reason!! Why did they not think it was real or could they not explain?

So write back to them and tell them to refer back to your letter of the xxxxx. Continuing to contact you and demand money is developing into harassment, please refer to Ferguson v British Gas.

No more phoning them !!!


I’ve sent the letter - as PDF, and a picture of the letter including receipt for proof of postage to match the date - to their appeals email as requested. I’ll send them another letter this week explaining that. They did also say on the phone that they had recieved my appeal on the 23rd March so day 26, which basically further proves their negligence as the confirmation they send states a different, later, date.

They basically admitted over the phone that they’ve not actually bothered looking at anything. I’ve informed the BPA of the Final NTK I’ve recieved and told them about my letter explaining their non-compliance with the relevant legislation (again, pic of letter with proof of postage attached for them to see). I also told them if they need any further info then of course ask and I will be more than happy to provide every piece of evidence I have.

I called them as I’ve lost my patience and I don’t really fancy debt collectors turning up at my door when they’re legally not even supposed to be pursuing this any further. How the hell do these companies get away with operating so negligently?

Edit: Forgot to say thank you once again!

This post has been edited by Bendy McBendythumb: Mon, 13 May 2019 - 14:40
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ostell
post Mon, 13 May 2019 - 14:51
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You won't get debt collectors at the door, there is no debt only an alleged one, it hasn't been to court.
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Bendy McBendythu...
post Mon, 13 May 2019 - 15:00
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QUOTE (ostell @ Mon, 13 May 2019 - 15:51) *
You won't get debt collectors at the door, there is no debt only an alleged one, it hasn't been to court.


Ok that’s something off my mind at least. I’m assuming I’d receive a fair number of letters should they be stupid enough to try and take this to court?

One of Steve’s colleagues from the BPA has informed me that she has started investigating my complain and may have to wait up to 14 days to hear back so NSGL has time to give them whatever information they have (can’t imagine it’d be much going by what the guy on the phone said). Of course I’ve offered to provide them with everything they need should they request anything from ‘my side’.
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Bendy McBendythu...
post Tue, 14 May 2019 - 10:33
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I have a further question if anyone is able to answer, which is; I have 2 confirmation emails stating they’ve received my appeal and I shall be sent an outcome within 35 days - I never received anything. Does this give me extra ammo in getting this cancelled? Even they’ve admitted (over the phone) that they’ve issued nothing so that is a breach of their own terms, and I’m assuming other legislation too.
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ManxRed
post Tue, 14 May 2019 - 10:50
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Its not covered under legislation, it comes under the BPA Code of Practice again. However, whereas previously the CoP stated that they must respond within 35 days (unless they notify you that a response will take longer), it now says that they 'expect' the parking company to respond within 35 days, which is lot less onerous and not as strong a point as it used to be. Still worth adding to the BPA complaint though.


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Bendy McBendythu...
post Tue, 14 May 2019 - 11:02
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Okay, thanks for the information ManxRed. Sorry for so many questions throughout, I just like to make sure I’ve got as best an understanding as possible so thanks again.

Edit: Just to add; they’re currently 2 weeks over the 35 day limit against their incorrect appeal acknowledgement. They’re actually 3 weeks over now and, as I’ve said, still nothing. I’ll struggle to see how they can, but I hope they don’t manage to pull the wool over the BPA’s eyes.

This post has been edited by Bendy McBendythumb: Tue, 14 May 2019 - 11:06
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Bendy McBendythu...
post Wed, 15 May 2019 - 15:13
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It took them just 2 days for NSGL to respond to BPA. After a very quick and easy sight of the NTK being sent out of the allowed timeframe I have written confirmation from the BPA stating the ticket has now been cancelled.

Just for a sanity check I went onto NSGL’s site to check if it was still active but it no longer recognised the appeal ref number + my reg.

All in all, and I know I’ve said it lots throughout this thread but, thank you all once again. This has finally been put to bed and it is honestly down to you all!

I’m quite happy to leave the offer on the table of buying you contributors a pint one day too, should we ever somehow cross paths!
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Bendy McBendythu...
post Thu, 16 May 2019 - 14:37
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Although the ticket has been cancelled I thought I’d provide an update as I’ve since recieved extra info - the SAR to the DVLA does in fact show they got my details as the keeper from the DVLA.

I also left NSGL a review on Google just to spread the word about how horrible a company they are based on my experience and my experience only (if you want to look it shouldn’t take much effort to work out which review is mine). One funny thing about the review is, they didn’t even rebuke my review but they have on pretty much every other one which came as a surprise. I’m debating leaving it up cos I don’t want any further dealings with them, but everything I’ve said in the review is accurate and truthful and I’ve made no false claims.
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