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PCN for parking in my own parking space, can I ignore??

Hi,
We have a flat with allocated parking space which is a closed, secured car park within the estate. A week ago we were very surprised to find the Parking Charge Notice issued by PCM (Parking Control Management Ltd). It says on the ticket 'parked without permit'. We do have permit and it was displayed at the time of enforcement. The problem is that my husband (honestly no idea why!) put it not on the windscreen but just next to the windscreen on the right hand side next to the wing mirror. It was clearly displayed and we've been parking our car in the same place for year and a half and it never seemed to be a problem. I know it was not clever to put permit anywhere else than windscreen but I still feel it's not fair to pay £100 (reduced to £60 if paid within 14 days) as a punishment!
Our parking space is next to one wall on left side, wall at the front and next to it is another car, I know there's no possibility of taking photo of windscreen and registration numbers so I wonder how they can prove what we did wrong?
I've been reading this forum for a while but all the PCNs that are advised to be ignored usually come from shopping centers etc so not sure if there's much difference if this is a housing estate.
And unfortunately we were stupid enough to make an appeal...:(

Any advice will be much appreciated.
Thanks
«1

Comments

  • Check what your lease says about your right to the parking spot and what it says about permits. Its likely it will say nothing in which case just ignore them.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    You were parked in your own space, ignore them ! Tell the management company that the trespass on your land must cease now and you withdraw any implied access that may exist . These cowboys will not take you to court just ignore them completely.
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Never understood the gated compound game and still a ppc.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    If you do decide to appeal, which doesn't look sensible following the current thread similar to yours, https://forums.moneysavingexpert.com/discussion/4462605, then come on here for further advice about getting them to prove that they have authority to enforce anything.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 25 February 2013 at 1:45PM
    Magdared wrote: »
    Hi,
    We have a flat with allocated parking space which is a closed, secured car park within the estate. A week ago we were very surprised to find the Parking Charge Notice issued by PCM (Parking Control Management Ltd). It says on the ticket 'parked without permit'. We do have permit and it was displayed at the time of enforcement.

    The problem is that my husband (honestly no idea why!) put it not on the windscreen but just next to the windscreen on the right hand side next to the wing mirror. It was clearly displayed and we've been parking our car in the same place for year and a half and it never seemed to be a problem. I know it was not clever to put permit anywhere else than windscreen but I still feel it's not fair to pay £100 (reduced to £60 if paid within 14 days) as a punishment!

    Our parking space is next to one wall on left side, wall at the front and next to it is another car, I know there's no possibility of taking photo of windscreen and registration numbers so I wonder how they can prove what we did wrong?

    I've been reading this forum for a while but all the PCNs that are advised to be ignored usually come from shopping centers etc so not sure if there's much difference if this is a housing estate.
    And unfortunately we were stupid enough to make an appeal...:(

    Any advice will be much appreciated.
    Thanks


    No difference. And they cannot 'prove that you did anything wrong' so no need to worry about this at all.

    Do you own your flat? Do you therefore own the lawful rights to the space too? If so then why on earth are you allowing a managing agent to tell you that you have to take part in a ridiculous permit scheme to park in your own space in a closed, secured car park within the estate? No resident needs such a scheme in a secure car park, this is just a moneymaking scam! Complain to the managing agent of the flat, opt out of this daft scheme (stop complying!), send the permits back and thell the agent that PCM have NO RIGHTS to set foot in your space (your rented or leasehold property) which is trespass.

    You could sue for damages if this is your owned space:

    https://forums.moneysavingexpert.com/discussion/4445855

    And here are a load of pepipoo forum threads like yours, happy reading because the pepipoo advice is sound:

    http://lmgtfy.com/?q=+site%3Aforums.pepipoo.com+pcm+in+own+space+parking

    Even if you only rent the flat then you still have rights to use the allocated space if it comes with the flat. Here's a similar thread from this forum form just a few weeks ago, advice and links apply to you too:

    https://forums.moneysavingexpert.com/discussion/4374757

    Complain to the managing agent (do not appeal or apologise or be talked out of your complaint). You absolutely DO NOT need this protection racket in a secure car park. Be assertive and opt out of this daft 'permit scheme' just like that poster in the last link is planning to do. And see if you can get PCM kicked out - PCM are a bunch of ex-clampers but that's illegal now so there's nothing they can do!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • prowla
    prowla Posts: 14,192 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It is evidently a mistake, but the people who do this aren't paid to think.

    They can't fine you.

    You can look at it in two ways: (a) would you like the ppc to help make sure that nobody parks in your space?, or (b) would you like them off the property.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    prowla wrote: »

    You can look at it in two ways: (a) would you like the ppc to help make sure that nobody parks in your space?, or (b) would you like them off the property.

    But it's a closed secured car park, so what kind of help is needed when they probably need a fob or a code to get in the car park? So nobody can get in there to park that shouldn't be there. I actually question the reason why the scammers are infesting this car park
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Stroma wrote: »
    But it's a closed secured car park, so what kind of help is needed when they probably need a fob or a code to get in the car park?

    Except that the gate is open most of the time as the system brakes all the time but otherwise they would need a code to get in.

    Really appreciate all the advice and I think we will ignore that ticket.
  • Tell the MA that you are paying for a gated, secure compound and you expect them to get the gate repaired not ticketed because they can't be bothered.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • hi everyone

    we have now received the letter from PCM saying that we have 2 options:#
    -pay the fee within 14 days, or
    -challenge the issue of the PCN (which we already did before and appeal was rejected).

    It also says we can appeal to POPLA. Is this a standard thing they encourage people to appeal to POPLA?
    Also it says that debt collectors may take legal action against us and take the case to the county court etc.... if it's successful, a county court judgment (CCJ) would be made against us and this may affect our credit rating.
    The credit rating bit worries me the most, so shall I still ignore them??
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