Got a response and some piccies. Hunted the owner of the company down on the internet just to put the wind up him.........hiding behind 'Customer Service Manager'.....give me a break!
From: Appeals [mailto:Appeals@cpsnorthern.co.uk]
Sent: 12 November 2012 15:24
To: Paul Rice
Subject: RE: PCN 11162
Dear Paul,
Thank you for your letter of appeal.
Please accept our apologies in not replying sooner whilst we collated our evidence.
Your vehicle was parked in an area clearly signed ‘No parking.’ The signs across the site which are numerous and visible state that parking is permitted in ‘own allocated bays only.’ There is also additional signage stating that parking is for residents only. If you are a resident of the site then you will have an allocated bay and you must only park in this bay. I have attached two of the photographs which were taken on this day which show your vehicle parked under the arches on the gravel area. This area is sign posted as a no parking area and is not a parking space that has been allocated for your use. The photographs taken are time and date stamped.
The area you parked is strictly a no parking area and we have the authority of the landlord (The racecourse) to operate parking regulations in this area. This agreement is legal and law abiding and will be available should a court of law request to see it.
We require payment of the parking charge at the reduced rate of £50 within the next seven days. If payment is not received within the next seven days then the charge will increase to the full rate of £80 and will not be discounted. If we are required to write to you again after 28 days from the receipt of this email then the parking charge will have increased to £110 as explained on the reverse of your parking charge.
Please make payment by telephoning 0161 870 7171.
Alternatively you may send a cheque or postal order made payable to CPS Enforcement (Northern) Limited, PO Box 198, Bolton, BL1 9AW.
Yours Sincerely,
Customer Service Manager
My email back copying in the PR manager for the racecourse;
Thank you Mr Foster,
Just to clarify the signage on the wall – that’s definitely not just been stuck when you took the picture has it?
Because it isn’t here……..taken from Google Streetmap dated June 2012.
It isn’t here either – taken earlier today
Notwithstanding this I believe my position is defensible in court. This is not clearly demarcated as a no parking zone as it is not marked as such (for example yellow hatching). Equally it has been deliberately gravelled, has a dropped kerb in front of it, is in constant use by vehicles as a supplementary parking zone for the Elan development and has no signage demarcating it as a ‘no parking zone’. Additionally the utilisation presents no blockage, detriment to the public, other land users or the land owner – the ‘charge’ is therefore disproportionate to any injury caused. The signage (if it was there) which sets out terms but does not demarcate this area as a no parking zone is not adequately lit and therefore should one park there in the dark it would be unreadable which would render one party to any perceived contract unable to agree to the terms.
I am confident that no contract exists and that based on genuine and reasonable assumptions that this was an area for supplementary unallocated parking for visitors to the Elan site, no breach of any terms you set out in your signage could have existed anyway (based on my recent review of the signage).
Moving forward I am now on notice that this is a ‘no parking’ zone. I shall refrain from doing so in future.
Emma – I believe you work in PR/Press I have copied you in as your agent (CPS Northern) has engaged myself regarding a Parking Charge as per the email chain below. As a faithful and regular customer of the Race Course as its associated companies I would ask that some sensible discretion is exercised in this instance to avoid any bad feeing/unnecessary court action and would recommend some appropriate signage is erected to avoid this issue occurring again. I have no history of this being an issue with yourselves – it was a genuine misunderstanding of which I am now well appraised.
I do appreciate the time taken to review this situation from you both and I would like to say particularly to Mr Foster that the professional and non-confrontational responses I have received from his company (whilst I conclusively disagree with them).
I look forward to your responses and I hope you can understand my position.
Kind regards
Paul
