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Care Parking - Metrolink Eccles
Gareth1
post Fri, 4 May 2018 - 13:57
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My car was parked in the metrolink passenger carpark last night, on return this morning there was a parking charge notice on the window.

The ticket states "Parking outside of Tram Service hours" (the time was 01:01AM) (see attached file)

The fine is £100 or £60 if its paid within 60 days. The charge is due within 28 days of the date of issue.

The driver has parked the car there many times and wasnt aware of the restrictions in place against overnight carparking Mon-Thu. (weekends are free)

The carpark is open for metrolink customers daily without charge.

The conditions are explained on the signs in the carpark.

Where do I go from here please?

This post has been edited by Gareth1: Tue, 8 May 2018 - 13:37
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post Fri, 4 May 2018 - 13:57
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Redivi
post Fri, 4 May 2018 - 14:18
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Remove the reference number from that picture
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Gareth1
post Fri, 4 May 2018 - 14:20
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QUOTE (Redivi @ Fri, 4 May 2018 - 15:18) *
Remove the reference number from that picture


Done thanks
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Redivi
post Fri, 4 May 2018 - 14:30
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Is it a lease, company or hire car ?

I'm a bit puzzled because I can't see them listed on the British Parking Association website as an approved operator
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Gareth1
post Fri, 4 May 2018 - 14:34
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QUOTE (Redivi @ Fri, 4 May 2018 - 15:30) *
Is it a lease, company or hire car ?

I'm a bit puzzled because I can't see them listed on the British Parking Association website as an approved operator


No car is privately owned.



QUOTE (Redivi @ Fri, 4 May 2018 - 15:30) *
Is it a lease, company or hire car ?

I'm a bit puzzled because I can't see them listed on the British Parking Association website as an approved operator



https://www.anchorgroupservices.co.uk/services/care-parking/
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SchoolRunMum
post Fri, 4 May 2018 - 14:39
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QUOTE
Where do I go from here please?

The keeper submits the usual appeal (from the MSE NEWBIES thread) but not yet, on day 26, online. No saying who parked.
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Jlc
post Fri, 4 May 2018 - 15:19
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My recollection is that there are byelaws in place and keeper liability cannot accrue. Do a search as this location features many times.

So either wait for them to access the DVLA (they have to wait 28 days) or appeal as the keeper before this date stating that as the keeper you cannot be liable due to said byelaws.

QUOTE (Gareth1 @ Fri, 4 May 2018 - 15:34) *
QUOTE (Redivi @ Fri, 4 May 2018 - 15:30) *
Is it a lease, company or hire car ?
I'm a bit puzzled because I can't see them listed on the British Parking Association website as an approved operator

https://www.anchorgroupservices.co.uk/services/care-parking/

Yup - Anchor Security Services Ltd t/as Care Parking.


--------------------
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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unicorn47
post Fri, 4 May 2018 - 15:42
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If it was the Park-and Ride car park, then the open hours are 05.00 to 01.00 during the week.

The ticket was issued at 01.01.

As they are in the BPA, the COP allows a 10 minute grace period. So they shouldn't issue a PCN till 01.10.


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Gareth1
post Thu, 14 Jun 2018 - 13:27
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A letter has now been received to home adress. I have yet to make any contact with Care Parking.

The states that photo's are available online relating to the charge of parking outside of tram service hours

There are 9 photo's online capturing my car parked at different times ranging from 01:03 to 01:08 and then a photo of the tram platform including the tram electronic sign at 01:09 which i presume was taken to show that the last tram had been and gone. The wording on the electronic sign is not visible on the image.

The tram service hours are 05:00 - 01:00 and the BPA Grace period is 10 mins. Do I base my appeal on the fact they have not observed the grace period?

Any advice is greatly appreciated.
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Gareth1
post Thu, 14 Jun 2018 - 13:27
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A letter has now been received to home adress. I have yet to make any contact with Care Parking.

The states that photo's are available online relating to the charge of parking outside of tram service hours

There are 9 photo's online capturing my car parked at different times ranging from 01:03 to 01:08 and then a photo of the tram platform including the tram electronic sign at 01:09 which i presume was taken to show that the last tram had been and gone. The wording on the electronic sign is not visible on the image.

The tram service hours are 05:00 - 01:00 and the BPA Grace period is 10 mins. Do I base my appeal on the fact they have not observed the grace period?

Any advice is greatly appreciated.
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ostell
post Thu, 14 Jun 2018 - 15:15
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Did you submit your appeal as the keeper, as advised ?

Post up the letter, suitably redacted.

This post has been edited by ostell: Thu, 14 Jun 2018 - 15:16
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Gareth1
post Thu, 14 Jun 2018 - 15:25
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QUOTE (ostell @ Thu, 14 Jun 2018 - 16:15) *
Did you submit your appeal as the keeper, as advised ?

Post up the letter, suitably redacted.


I didnt reply to the original letter Ostell. I followed the advice of waiting untill they contacted via post.

I would appreciate to advice as to how about formulating an appeal, and on what grounds?
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Jlc
post Thu, 14 Jun 2018 - 15:30
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No keeper liability...

I presume the paperwork doesn't claim as such?


--------------------
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 Thu, 14 Jun 2018 - 15:31
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Well posts #6 & #7 suggested appealing before 29 days.

So really need to see what was sent to the keeper to see what was said and hence how to go forward.
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nosferatu1001
post Fri, 15 Jun 2018 - 08:42
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Do they claim the KEEPER of the vehicle is liable for the charge? A simple yes or no is needed.
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Gareth1
post Fri, 15 Jun 2018 - 10:47
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I've attached the letter received.



QUOTE (nosferatu1001 @ Fri, 15 Jun 2018 - 09:42) *
Do they claim the KEEPER of the vehicle is liable for the charge? A simple yes or no is needed.



Well they have explained that they have contacted me as the keeper, but invited me to let them know if someone else was owner at time of offence, if car was stolen, or if someone else was driving?

Thanks

This post has been edited by Gareth1: Fri, 15 Jun 2018 - 10:55
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Attached File  letter_back_anon.pdf ( 161.34K ) Number of downloads: 60
Attached File  letter_front_anon.pdf ( 210.95K ) Number of downloads: 59
 
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nosferatu1001
post Fri, 15 Jun 2018 - 10:57
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That woudl be a YES
You need to read the whole of the letter. Look for the after 29 days side.
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Redivi
post Fri, 15 Jun 2018 - 10:59
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They are claiming the right to recover payment under the Protection of Freedoms Act

I would send a copy of the letter to the DVLA complaining that Care is claiming POFA at a location covered by the Transport for Greater Manchester Byelaws
Request that their access to the keeper database is suspended
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Gareth1
post Fri, 15 Jun 2018 - 11:35
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QUOTE (nosferatu1001 @ Fri, 15 Jun 2018 - 11:57) *
That woudl be a YES
You need to read the whole of the letter. Look for the after 29 days side.



What would your next step be please?
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The Rookie
post Fri, 15 Jun 2018 - 11:41
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You now need to do 2 things
1/ Complain to DVLA about the misrepresentation by Anchor t/a (don't) care
2/ Appeal as KEEPER in the same way as advised above, that its not relevant land for the purposes of PoFA and they should take up the matter with the driver and that you as keeper have no liability.


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

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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