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  • FIRST POST
    • viginia500
    • By viginia500 25th Aug 16, 4:25 PM
    • 13Posts
    • 5Thanks
    viginia500
    Appeal for parking in my own space
    • #1
    • 25th Aug 16, 4:25 PM
    Appeal for parking in my own space 25th Aug 16 at 4:25 PM
    Hi

    I think this is quite a rare case.
    Nothing on Google seems to relate and Im very interested to see if anyone else has heard of this before.

    I rent a property that has an allocated parking bay and someone has reported my car for being parked in that bay without permission.
    The private area that i am renting in does not have a ticket/gate/permits etc it is purely designated bays for each address that have numbers painted on the ground.

    I appealed this informally with the parking company and they have refused my appeal as my evidence of the tenancy agreement was not strong enough.
    I do not have anything else in my tenancy regarding the parking space that I can use right now but I am looking into this.

    Is there such cases that have been lost in court does anyone know?

    Kind regards
Page 2
    • viginia500
    • By viginia500 12th Sep 16, 5:27 PM
    • 13 Posts
    • 5 Thanks
    viginia500
    New Parking Generation Management LTD have submitted their Prima Facie Case...
    It would be great if anyone has spare time to help me on this pretty please
    • Coupon-mad
    • By Coupon-mad 13th Sep 16, 12:53 AM
    • 38,201 Posts
    • 49,668 Thanks
    Coupon-mad
    Don't do it. Already told you, DO NOT put in an IAS appeal, this is pointless. YOU WILL LOSE.

    Not many posters will think this was a good idea.
    Last edited by Coupon-mad; 22-09-2016 at 5:18 PM.
    PCN in a private car park in England/Wales? DON'T PAY IT BUT DO NOT IGNORE IT

    USE THE 'FORUM JUMP' ON RIGHT, GO TO THE PARKING TICKETS FORUM. READ THE 'NEWBIES' THREAD.
    Do NOT read old advice to ignore, unless in Scotland/NI.

    • viginia500
    • By viginia500 13th Sep 16, 5:56 PM
    • 13 Posts
    • 5 Thanks
    viginia500
    Coupon-Mad, I do appreciate your advice however I am confused because the slogan “don’t pay but do not ignore” means I must surely follow the appeal procedure outlined by the Parking company. What would have happened if I just ignored the correspondence regarding appealing to IAS?



    I understand that IAS have been favourable towards parking companies, although I don’t understand how I can be refused my appeal because the parking offence is “parking in a bay without permission” I have full permission as I am the tenant of the property.

    There are no parking regulations in place where I reside to display permits or register vehicles etc.

    The terms and conditions or the Parking company are in place for example if someone else (visitor etc) is parking in the allocated bay without permission.



    I have been wrongly accused of parking in MY bay without permission, my appeal should be very simple but I need the expert eye to ensure I am not missing anything that I can point or make obvious to the adjudicator when considering my appeal.
    • The Deep
    • By The Deep 13th Sep 16, 6:07 PM
    • 5,248 Posts
    • 3,790 Thanks
    The Deep
    Of course you do not need the permission the of the PPC to park in your own space.

    If you appeal to the IAS and you lose they will give you an unsigned piece of paper which, you can bet your boots, they are unlikely to want produced in court, ergo they are unlikely to take you to court.

    Without a court order they cannot get a penny, but they have to pay your costs, transport, and all the court fees and solicitor's fees.

    Appealing to the IAS is a win win situation imo.
    You never know how far you can go until you go too far.
    • Coupon-mad
    • By Coupon-mad 14th Sep 16, 1:08 PM
    • 38,201 Posts
    • 49,668 Thanks
    Coupon-mad
    I understand that IAS have been favourable towards parking companies, although I don’t understand how I can be refused my appeal because the parking offence is “parking in a bay without permission” I have full permission as I am the tenant of the property.

    There are no parking regulations in place where I reside to display permits or register vehicles etc.

    The terms and conditions or the Parking company are in place for example if someone else (visitor etc) is parking in the allocated bay without permission.

    I have been wrongly accused of parking in MY bay without permission, my appeal should be very simple but I need the expert eye to ensure I am not missing anything that I can point or make obvious to the adjudicator when considering my appeal.
    Originally posted by viginia500
    It will lose; there is no 'adjudicator' in the sense of the word you are thinking about. We can't write this in a way that will win unless you can prove from your title deeds that you actually own the space (and are not merely allocated it by the owner who has also contracted the parking firm). And even then, you will likely lose because IAS decisions are bizarre to the point of making some people here think there is bias.
    Coupon-Mad, I do appreciate your advice however I am confused because the slogan “don’t pay but do not ignore” means I must surely follow the appeal procedure outlined by the Parking company.
    No it doesn't mean that, if it meant that I would say in post #3 of the NEWBIES thread, to try IAS. But I don't, I say DO NOT TRY because you will lose then PWE and Gladstones will use that decision in evidence 'against' you...which a Judge unfamiliar with the kangaroo court, might think carries weight as an ADR decision. Better to defend a court claim which never went to the IAS than one that carries the 'burden' of what looks like an ADR loss against you, to any Judge weighing up the issue.

    My signature is to alert people reading old threads, not to ignore AOS member parking firms completely and especially do not ignore court papers or a Gladstones (or other solicitor's) letter.

    What would have happened if I just ignored the correspondence regarding appealing to IAS?
    That's answered in post #3 of the NEWBIES thread already where I explain the reason for my opinion not to try IAS.

    Also answered by reading other PWE threads because no-one here is likely to have tried IAS and plenty are ignoring PWE or responding to Gladstones letters or a claim, right now. Search the forum for 'PWE Gladstones'.
    Last edited by Coupon-mad; 14-09-2016 at 1:11 PM.
    PCN in a private car park in England/Wales? DON'T PAY IT BUT DO NOT IGNORE IT

    USE THE 'FORUM JUMP' ON RIGHT, GO TO THE PARKING TICKETS FORUM. READ THE 'NEWBIES' THREAD.
    Do NOT read old advice to ignore, unless in Scotland/NI.

    • viginia500
    • By viginia500 14th Sep 16, 5:33 PM
    • 13 Posts
    • 5 Thanks
    viginia500
    I give up......................
    • viginia500
    • By viginia500 22nd Sep 16, 3:48 PM
    • 13 Posts
    • 5 Thanks
    viginia500
    Can I just make a massive point of saying MY APPEAL WON!!!!!
    Its definitely worth trying to appeal to IAS.

    Thanks for SOME peoples encouragement to appeal I'm so glad I did now as it can all be put to bed without any more agro!
    • Coupon-mad
    • By Coupon-mad 22nd Sep 16, 5:20 PM
    • 38,201 Posts
    • 49,668 Thanks
    Coupon-mad
    It is normally not worth trying IAS at all - but very well done! You are the exception.

    What did the decision say please? It may help other people, even though generally we mostly warn very strongly against this system.
    PCN in a private car park in England/Wales? DON'T PAY IT BUT DO NOT IGNORE IT

    USE THE 'FORUM JUMP' ON RIGHT, GO TO THE PARKING TICKETS FORUM. READ THE 'NEWBIES' THREAD.
    Do NOT read old advice to ignore, unless in Scotland/NI.

    • IamEmanresu
    • By IamEmanresu 23rd Sep 16, 5:28 AM
    • 809 Posts
    • 1,401 Thanks
    IamEmanresu
    Could you post up the Assessors reply so it can be used for others.
    "One thing you realise about the gangs and the criminals [and parking companies] is that it's acting by another means. If you go into a bank or a shop and you want them to believe that you're going to shoot them [or go to court], that's an acting exercise. Nine out of 10 delinquents [and their solicitors] are frustrated actors". Peter Mullan, actor
    • viginia500
    • By viginia500 23rd Sep 16, 10:27 AM
    • 13 Posts
    • 5 Thanks
    viginia500
    This is all I have got guys......

    Thank you for your appeal. Due to further information New Generation Parking Management Ltd has confirmed they will no longer be pursuing the matter and the parking charge has been cancelled.

    I have asked for more information about how the decision was reached
    • The Deep
    • By The Deep 23rd Sep 16, 10:32 AM
    • 5,248 Posts
    • 3,790 Thanks
    The Deep
    Perhaps they read the Milton Keynes decision.
    You never know how far you can go until you go too far.
    • Coupon-mad
    • By Coupon-mad 23rd Sep 16, 10:35 AM
    • 38,201 Posts
    • 49,668 Thanks
    Coupon-mad
    Interesting one, no permits (yet) you say:

    I rent a property that has an allocated parking bay and someone has reported my car for being parked in that bay without permission.
    The private area that i am renting in does not have a ticket/gate/permits etc it is purely designated bays for each address that have numbers painted on the ground.
    Not sure how this PPC can make much money from what you describe nor how they can evidence, or even know, who is allowed to park there?!

    I'd fully expect them to introduce a permit scheme to make it easier for them to leach money from people. That allows them carte blanche to attack residents every day of the week for minor transgressions or slipped permits and then every year they'll change the colour of the permits around Christmas, giving people no time to swap them over in time over the holidays, if away.

    Misery will be inflicted so be ready with some blutack in your Glovebox to always secure any permit or Pay & Display ticket. Stops any ex-clamper thug from shaking the car to dislodge anything on the dash...yes, it happens and I predict a permit scheme being inflicted on you soon.

    Well done again!

    I am guessing it's the lack of any evidence that you were 'unauthorised' that scuppered them.
    PCN in a private car park in England/Wales? DON'T PAY IT BUT DO NOT IGNORE IT

    USE THE 'FORUM JUMP' ON RIGHT, GO TO THE PARKING TICKETS FORUM. READ THE 'NEWBIES' THREAD.
    Do NOT read old advice to ignore, unless in Scotland/NI.

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