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  • FIRST POST
    • Metdisk
    • By Metdisk 9th Jun 17, 7:47 PM
    • 2Posts
    • 0Thanks
    Metdisk
    Charge Notice - Ace Security Services - Reason 59: Not Displaying a Valid Permit
    • #1
    • 9th Jun 17, 7:47 PM
    Charge Notice - Ace Security Services - Reason 59: Not Displaying a Valid Permit 9th Jun 17 at 7:47 PM
    So, first ever 'parking fine' and would be grateful for some help and advice from the those in the know. Having read the guidance about waiting for the NTK from IPC members, I'd just like to prepare myself for all eventualities!

    I have a parking permit which allows me to park my car on private land which is a council estate (to make it clear - this is a residential area, and not a commercial one) owned by Lewisham Council, of which the freehold is managed by Lewisham Homes - an NPO and ALMO set up by Lewisham Council. A company called Ace Security Services (the trading name of Pace Recovery & Storage Ltd) have been a member of the IPC since November 2015 and are contracted by Lewisham Homes to 'manage' the parking - there is clear signage in the area and it is they who issue the resident permits, and also penalty charges!

    The permit is always fully readable given its location on the dashboard (contained within a plastic wallet - one side of which is transparent and the other is white) as per its instructions of 'TO BE DISPLAYED PROMINENTLY'. However, one day I must have absent-mindedly put it back facing upside down, so that only the white rear of the wallet was visible. A few weeks later (the car isn't used that often), I come back to it (therefore this was windscreen-issued and not through the post) and find a 'Charge Notice (CN)', so worded differently from a Penalty Charge Notice or a Parking Charge Notice. It has been issued by Ace Security Service citing Reason 59: Not Displaying a Valid Permit.

    Entering the CN's reference number and the listed vehicle registration (more on that later!) on their payment website (AcePay) shows enough evidence to make their claim - photos of the car, the dashboard, the (correct) registration plate, the windscreen, the windows, and interior. Annoyingly, there is a specific photo of the plastic wallet itself, but as it is upside down, obviously the permit cannot be seen!

    That said, there are 2 issues with the issuance of the notice:
    1) The recorded colour is white. My car is certainly not white! The photos also say display otherwise.
    2) More importantly - the recorded vehicle registration is incorrect, as one of the characters does not match (along the lines of 1 instead of I or 0 instead of O). Entering the recorded registration on AskMID (or any other database for that matter) will not yield anything. As I understand it, the ticket does not comply with the Civil Enforcement of Parking Contraventions General Regulations [2007] therefore is not enforceable. Is this correct?

    So, in addition to the above, my questions are:
    1) What is the difference between a Charge Notice and the other PCNs (I understand the difference between the Penalty/Parking Charge Notices - it's the Charge Notice which I am struggling to define)?;
    2) Am I correct in the understanding that the ticket is not enforceable due to the error on the recorded vehicle registration?
    3) If so, should I appeal it citing relevant legal precedent, or just ignore it?
    4) If a Notice to Owner (or Notice to Keeper) letter is eventually served (by them realising their mistake and sending the correct registration to the DVLA), are there normally additional costs ('admin' fee etc) associated with it, or would it just be the originally requested amount?
    5) It is claimed in various forums (including this one) that where the reg is incorrect, it can safely be ignored as the registered keeper cannot be contacted using the info on the charge notice. In my situation, given that it is parked in a private residential area (land owned by Lewisham Council), is there anything else they could do to try and enforce the notice? I understand that as of 1st October 2012, clamping and towing on private land was banned in England and Wales, but just wondering if there are any other tactics they could apply?

    Whilst I recognise that I am at fault for not displaying the permit properly and that part of me wants to chalk it up as a life experience and just cough up the £100, another part wants to contest it as I have already purchased a permit which allows me to park my car there. Given that Ace appear to have a reputation for being fairly ruthless, I want to appeal this but obviously want to make sure that there won't be any repercussions i.e. court letters.

    All advice gratefully received!
Page 1
    • Redx
    • By Redx 9th Jun 17, 8:04 PM
    • 15,216 Posts
    • 19,176 Thanks
    Redx
    • #2
    • 9th Jun 17, 8:04 PM
    • #2
    • 9th Jun 17, 8:04 PM
    I would wait for an NTK, then appeal it , the fact that its an ALMO means that you could also complain to ALMO and insist on a cancellation once the NTK arrives (if it arrives)

    it is thought that the errors are deliberate to goad people into complaining or appealing early , so I would ignore the NTD and await an NTK instead

    nothing "voids" a pcn from a PPC , its merely an invoice and the industry is not regulated , so not the same as council notices or other notices where laws apply like TRO`s etc
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Fruitcake
    • By Fruitcake 9th Jun 17, 8:40 PM
    • 40,234 Posts
    • 80,350 Thanks
    Fruitcake
    • #3
    • 9th Jun 17, 8:40 PM
    • #3
    • 9th Jun 17, 8:40 PM
    Post 7 of this thread may be of some use to you.

    http://forums.moneysavingexpert.com/showthread.php?t=5527635

    Also, have a good read of the NEWBIES should an NTK eventually arrive.
    Last edited by Fruitcake; 09-06-2017 at 8:43 PM.
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    • Metdisk
    • By Metdisk 12th Jun 17, 10:44 PM
    • 2 Posts
    • 0 Thanks
    Metdisk
    • #4
    • 12th Jun 17, 10:44 PM
    • #4
    • 12th Jun 17, 10:44 PM
    Thanks, both - my suspicion is that the NTK won't arrive as !!! won't be able to provide the DVLA with the correct details. We'll see what happens...
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