PCN within 1 hour after moving in the property

radoo

Hi everyone,

On the 18th of January I've got a PCN from Vehicle Control Service Ltd because "I was parked without displaying a valid ticket/permit.
My car was parked in front of the garage I use and I have appealed against the PCN because it believe that was issued within a very short period of time after moving into pe property (signed the contract with the agency at 9:30, got at the property at 10:00, got the ticket at 10:50). I have tried to explain them the problem, I have attached a copy of the tenancy agreement and also a copy of the parking permit that was left by the landlord in a folder with household appliances manuals (which I have found after I got the ticket).

They have rejected my appeal, considering that the signs on site clearly display "Valid Permit Holders Only" and that their "Patrol Officer allowed a reasonable grace period to obtain and display a permit".

Considering that I don't qualify for any of the grounds for appeal to POPLA, is there anything I can do?

In the case that there is no legal way to avoid paying the PCN I am wondering if I should raise the problem with the letting agency because on the property website it is stated that "Landlords and/or their letting agents are responsible for passing permits to existing and new tenants."
The agency haven't informed me about it and I really thought that there is no need for a parking permit as I am parking on private property.

Thank you for your support!

LE: Charge for the PCN is £100, "discounted" to £60 if I pay in 14 days.

TrickyWicky

Why don't you have grounds to appeal to POPLA? - Because the PPC says so? - Rubbish.

Appeal to POPLA anyway and cost the PPC £35 for the privilege. Whatever POPLA rule the PPC ticket is still unenforceable - only council tickets are legally enforceable.

I'm sure others around here will fill you in on the nitty gritty details..

radoo

TrickyWicky wrote: »

Why don't you have grounds to appeal to POPLA? - Because the PPC says so? - Rubbish.

Thank you for your quick reply TrickyWicky.
Well, I think that I don't have the grounds to appeal to POPLA because I don't fall in any of the categories that are on the appeal form. I hope that I am wrong

gardner1

just relax ignore it or chuck it in the bin

Coupon-mad

radoo wrote: »

Thank you for your quick reply TrickyWicky.
Well, I think that I don't have the grounds to appeal to POPLA because I don't fall in any of the categories that are on the appeal form. I hope that I am wrong

You are wrong.

https://forums.moneysavingexpert.com/discussion/comment/59543357#Comment_59543357

TrickyWicky

radoo wrote: »

Thank you for your quick reply TrickyWicky.
Well, I think that I don't have the grounds to appeal to POPLA because I don't fall in any of the categories that are on the appeal form. I hope that I am wrong

Even on council PCNs when you get the NTO there is a box that says "Contravention didn't occur" or words like that. Some people blatantly do park illegally and still tick that box and win.

You think they'll say you don't have a genuine reason to appeal and that they'll reject it on that. You say you DO have a reason to appeal so you stand by that even if they say no. They'll still have to hear you out. Innocent until proven guilty remember, they are not allowed to decide you're guilty and deny you of an appeal.

Not that it really matters.. it's unenforceable carp anyway.

Coupon-mad

I think the equivalent 'one size fits all' option with the POPLA appeal form says summat like 'I am not liable for the parking charge'. That'll do then!

Here's a thread for radoo to read and use the info from, as part of the POPLA appeal:

https://forums.moneysavingexpert.com/discussion/4447137

I like mulronie's wording on that thread.

radoo

Thanks for all the replies guys!

I will follow your advice and I appeal it to POPLA. It would be of any help to request a letter from the letting agency in which they might tell that I was just moving in there?

On the landowner website, it is stated that "Any dispute or action in relation to the clamping of vehicles or the issue of parking charge notices is a matter between the registered keeper of the vehicle and Vehicle Control Services." So it seems that they have authorisation from the managing company to issue PCNs...

Sorry for asking dump questions, I've just move in the UK and I am a little bit confused about this matter...

Thanks again for all your replies!

ManxRed

Basic Information you need to know in this country.

If the parking ticket is issued by a Council, The Police, or Transport for London then don't ignore it. For Council and TfL, you should appeal. For Police you should probably pay - appealing these is usually fruitless unless you have some cast iron case in your favour!

If the parking ticket is issued by a private company, then you are usually safe to ignore it (there ARE exceptions, for example if you are driving a lease/company/hire car, or if you have genuinely not paid for parking services then you ought to offer that to the landowner in full and final settlement).

Don't ever pay a private company some ridiculous 'fine' (it's not a fine by the way, but they'll damn well make it look like one to the recipient/victim). Its a great big scam.

Welcome to England.

radoo

Thank you for the brief info and for the warm welcome ManxRed!
I really love UK, even if I got a ticket on my first day here )

How long it usually takes to have a decision from POPLA? Does it matter that my car is registered abroad (EU)?

Coupon-mad

radoo wrote: »

On the landowner website, it is stated that "Any dispute or action in relation to the clamping of vehicles or the issue of parking charge notices is a matter between the registered keeper of the vehicle and Vehicle Control Services." So it seems that they have authorisation from the managing company to issue PCNs...

They always do have this authorisation (or it would be a criminal offence of fraud). But the point being that they need MORE than just 'permission to be there' and to issue fake PCNs. They need possessory rights of occupation (a form of legal ownership which they will not have) in order to offer parking spaces and form any contracts with drivers. That's what mulronie's wording in that linked thread makes clear - and it also cites a Court case which establishes that fact. Basically only the landowner/leaseholder has that sort of ownership. A PPC like this does NOT.

radoo wrote: »

Thank you for the brief info and for the warm welcome ManxRed!
I really love UK, even if I got a ticket on my first day here )

How long it usually takes to have a decision from POPLA? Does it matter that my car is registered abroad (EU)?

No not now - but it's a shame you ever appealed at the beginning. These PPCs get their data from the DVLA records of UK registered vehicles. I think an EU registered car would NEVER have got any follow up letters at all - you would ONLY have got the fake PCN alone! But now they have your details...ooops.

Do they have your postal address or just an email address?

POPLA seems to take a few weeks. You need a verification code from the PPC. Have you got a code yet?

DO NOT EVEN THINK ABOUT PAYING THIS SCAM PCN.