Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • tallgareth
    • By tallgareth 22nd Jul 16, 11:21 AM
    • 21Posts
    • 10Thanks
    tallgareth
    PCN doesn't clearly show what the offence is
    • #1
    • 22nd Jul 16, 11:21 AM
    PCN doesn't clearly show what the offence is 22nd Jul 16 at 11:21 AM
    I have a PCN letter from ParkDirectUK which states;

    "We believe that the parking charge payable with respect to the above vehicle for the following alleged contravention: Stopping or waiting where stopping or waiting restrictions are in force at a location that had the terms of parking are clearly displayed on the warning signs"

    There are two photos on the letter, neither of which show any warning signage. Can I contact them asking for further proof of the alleged contravention?

    Also, the two photos were taken 10 minutes apart and show the car in two different positions along the same road (one in a parking space, one round the corner in a side road further up from the parking space). Can I ask them for clarification of what exectly the photos are showing?

    It is not the I necessarily dispute the PCN and wish to appeal it, but I require more information to confirm the contravention happened. But the only way I can see of contacting them and locking in at the reduced payment of £60 is to lodge an appeal.

    Many thanks.
Page 2
    • tallgareth
    • By tallgareth 11th Aug 16, 1:14 PM
    • 21 Posts
    • 10 Thanks
    tallgareth
    Parking Direct replied as expected. For those who are interested you can see the letter here; https://goo.gl/photos/RyK865Na8s46x3v6A
    • Johno100
    • By Johno100 11th Aug 16, 2:33 PM
    • 2,397 Posts
    • 2,437 Thanks
    Johno100
    So quoting Elliot v Locke for keeper liability, have they just given up on POFA as too much trouble or were they late with the NTK?

    And as regards entering into a contract to do something that is strictly prohibited, I'll let this case reported by Parking Prankster help explain the issues around that.

    http://parking-prankster.blogspot.com/2016/04/pcm-uk-signage-does-not-create-contract.html
    • Umkomaas
    • By Umkomaas 11th Aug 16, 2:48 PM
    • 11,015 Posts
    • 16,449 Thanks
    Umkomaas
    If you're up for a fight, invite them to serve court papers within 21 days or cancel the charge.

    Inform them that you want a Judge to consider whether E v L has any authority in a civil case as E v L was a criminal case where forensic evidence proved beyond reasonable doubt that the keeper was indeed the driver. Tell them that you are extremely anxious to get their assertion into the legal arena as soon as possible as you believe that not only are they attempting to deceive you with misinformation, but that as other operators are propounding the same, to get a persuasive legal judgment would help everyone.
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • tallgareth
    • By tallgareth 11th Aug 16, 3:18 PM
    • 21 Posts
    • 10 Thanks
    tallgareth
    Tempting as it is to take the fight to them, on both E v L and the fact that the prohibitive parking notice doesn't form a contract, I don't think I have the time (or nerve!) to do it.

    So I guess it's just sit back and see what happens next?
    • Umkomaas
    • By Umkomaas 11th Aug 16, 5:01 PM
    • 11,015 Posts
    • 16,449 Thanks
    Umkomaas
    Tempting as it is to take the fight to them, on both E v L and the fact that the prohibitive parking notice doesn't form a contract, I don't think I have the time (or nerve!) to do it.

    So I guess it's just sit back and see what happens next?
    Originally posted by tallgareth
    But if you hide away from a bully he will continue to seek you out and bully you. Usually a hard punch on the nose will more often see a bully permanently back off.

    By waiting for their next move, the one thing you no doubt fear most is having to defend this in court, by which time you'll be on the back foot - and you won't know for six years whether they will issue court papers or not. What sort of an existence is that, waiting unsure for that length of time just for when and how the bully might strike again?

    None of their PPC cronies would want E v L to be dissed by a Judge, so my instinct is that PPS will not want to be the first to stupidly pop their head above the parapet and bring E v L spectacularly falling to earth. I guess PPS will concede rather than risk the wrath of the other occupants of the trough!

    Even if they don't concede, you've sent a warning shot across their bows that you have a handle on what they are attempting and you could place before a Judge (should they later issue a claim) that you gave them an early opportunity to contest this and their delay should be treated as unreasonable. That should play to your advantage.

    One letter from you could stop them in their tracks!
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • tallgareth
    • By tallgareth 12th Oct 16, 9:04 AM
    • 21 Posts
    • 10 Thanks
    tallgareth
    For anyone who is following the chain of events here's the next couple of letters I've received, both from the debt collector;

    14 Sep: https://goo.gl/photos/mKThYPepNnWgZ7Hh6

    29 Sep (notice of intended court action): https://goo.gl/photos/LxX3cg9D41DCNdxE9

    Both point out the November 2015 Supreme Court decision about parking charges.
    Last edited by tallgareth; 17-10-2016 at 12:06 PM.
    • Coupon-mad
    • By Coupon-mad 12th Oct 16, 9:36 AM
    • 40,565 Posts
    • 52,449 Thanks
    Coupon-mad
    Great, usual drivel we've ignored for a decade. I've ignored that letter chain myself.

    Carry on ignoring (except for court papers which are as rare as hen's teeth from most parking firms who are not ParkingEye or Excel/VCS).
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Castle
    • By Castle 12th Oct 16, 9:37 AM
    • 1,070 Posts
    • 1,325 Thanks
    Castle
    For anyone who is following the chain of events here's the next couple of letters I've received, both from the debt collector;

    14 Sep: https://goo.gl/photos/EodprcqjELQRUqY16

    29 Sep (notice of intended court action): https://goo.gl/photos/ySABuRe8cPCtKcsz8

    Both point out the November 2015 Supreme Court decision about parking charges.
    Originally posted by tallgareth
    You have left your name and address on both letters!
    • tallgareth
    • By tallgareth 17th Oct 16, 12:07 PM
    • 21 Posts
    • 10 Thanks
    tallgareth
    You have left your name and address on both letters!
    Originally posted by Castle
    Thank you! Fixed and updated links in my comment above.
    • tallgareth
    • By tallgareth 17th Oct 16, 12:09 PM
    • 21 Posts
    • 10 Thanks
    tallgareth
    Next letter in the chain received today - the debt recovery company has recommended to PArk Direct that they start court action against me, and offered a reduced payment of £136 to avoid court action.
    • Coupon-mad
    • By Coupon-mad 17th Oct 16, 12:20 PM
    • 40,565 Posts
    • 52,449 Thanks
    Coupon-mad
    How lovely!
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

312Posts Today

1,373Users online

Martin's Twitter