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Ardpark Preston Magnet car park - parking charge notice
CYRIL
post Fri, 22 May 2020 - 12:18
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Hi All
I am writing on behalf of my work colleague.

I want to know if there are any grounds for me to NOT to pay this Parking charge notice.

My car was Leased from Audi and they usually informs me if there are any fines and they redirect to the owner.

This Ardpark they did not notify me, as you can see the below information.

I feel Audi should be liable by keeping the ticket or the information too long and i was notified in March instead of December 2019.

The offence date is 11-12-2019 at 22.17

Fine Issued date is
18-12-2019.

They must have received this 1st week of January or even before.

Original fine was £100 but pay within 14 days is £60.

Audi paid late and end up paying £160 plus their Admin fee of £25 total amount £185 audi have paid but to Ardpark they paid £160 for late payment.

On terms and conditions it mentions about the fines

4.4 “You must pay all licence fees,taxes,insurance premiums fines and other payments associated with the vehicle or arising out of or as a result of the seizure of the vehicle by any statutory authorities as they fall due”.

Audi notified me on 11-03-2020 the same day they picked up the car and i receive Audi invoice on 17.03.2020

https://i.imgur.com/3wIQT3H.jpg

https://imgur.com/gallery/QhlpyXA

This post has been edited by CYRIL: Fri, 22 May 2020 - 12:21
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post Fri, 22 May 2020 - 12:18
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Jlc
post Fri, 22 May 2020 - 12:34
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QUOTE (CYRIL @ Fri, 22 May 2020 - 13:18) *
Audi paid late and end up paying £160 plus their Admin fee of £25 total amount £185 audi have paid but to Ardpark they paid £160 for late payment.

On terms and conditions it mentions about the fines

4.4 “You must pay all licence fees,taxes,insurance premiums fines and other payments associated with the vehicle or arising out of or as a result of the seizure of the vehicle by any statutory authorities as they fall due”.

Ardpark must be laughing! An outrageous amount...

But anyway, this is a civil parking charge - and is not a fine. And isn't issued by a statutory authority.

Audi simply had to provide the keeper details (correctly) to discharge any liability they had.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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ostell
post Fri, 22 May 2020 - 12:44
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So as above remind them that the conditions make you liable to pay not them pay and claim from you. The item was an invoice.
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Jlc
post Fri, 22 May 2020 - 12:46
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I think the funniest thing is many of these lease companies have a policy to pay the reduced amount at least.

To 'mess up' and expect the keeper to stump up is simply breathtaking.

This post has been edited by Jlc: Fri, 22 May 2020 - 15:22


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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nosferatu1001
post Fri, 22 May 2020 - 14:36
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Yep, so a firm "not a sodding chance, read your own T&C" will do
You were required to pay, they cannot pay on your behalf and charge you back.

If they try to collect, do a chargeback.
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CYRIL
post Sun, 24 May 2020 - 08:42
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Just an update
My work colleague got a letter from Audi demanding the payment and received a letter from thier arrears dept.

However due Covid 19 full staff are not working and when he correspond by email the Audi said they gave the keepers details to Ardpark. But due to less staff in office this will be confirmed when full staff back in the office.

However my colleague did not receive letter from Ardpark or Audi.

I think my feeling is Ardpark may have not sent the letter to the keeper and just waited and sent it to Audi and they know Audi will pay saying the keeper not respond and the time limit is over.

So I asked my work colleague you will need to ask Audi when did they sent the letter to Ardpark and was it registered post and Ardpark also needs to confirm if they wrote to the Keeper, as this should be Audi to confirm.

As long as my work colleague concern he did not receive any correspondence from both parties Audi and Ardpark.
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Jlc
post Sun, 24 May 2020 - 09:23
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Yes, these firms know that some lease firms just pay them... easy money! (And the problem becomes someone elses)


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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nosferatu1001
post Tue, 26 May 2020 - 08:58
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Tell Audi your T&C do not let Audit pay up and charge you back. THats their issue to deal with now , its nothing to do with you
Quote their T&C back at them
Point out that as you never received a notice to hirer, and the NtH would certainly NOT have complied with POFA to hold you as hirer liable anyway, noone at that point had any liability except for the driver

Regardless, Audi should have processes in place to know that this is merely an invoice, and once they have discharged any possible liabilltiy by giving the hirers ful lname and address, they shouldnt just pay up anyway.
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The Rookie
post Tue, 26 May 2020 - 11:31
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Even if we assume the NTK was PoFA compliant (which it wasn’t), Audi had no liability once they named the hirer, whether the hirer answers or not is irrelevant and they should not have paid.

You could SAR Ardpark to see if they ever had a hirer nomination.

This post has been edited by The Rookie: Tue, 26 May 2020 - 11:39


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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CYRIL
post Tue, 2 Jun 2020 - 18:45
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Just to let you know guys Audi waived the fee instructed by their Audi solicitor, so he did not had to pay the £185.00. Solicitor of Audi did not take it any further.

So now they can deal with Ardpark , if Audi wants thier money back, Audi has cancelled the invoice.

Thanks guys for your replies.

Let’s hope ardpark does not haunt my work colleague, if Audi recover money from Ardpark, but I told him I don’t think Audi will bother ,as they will write off as Loss.
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