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Help for PCN in 'Visitors' space (Small PPC using IAS)

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  • da_rule
    da_rule Posts: 3,618 Forumite
    Sixth Anniversary 1,000 Posts
    Also, on page 30 there is a sanction for mentioning the word 'fine' on any company literature, including their website - so another breach.

    Schedule 1 (page 25) also sets out the signage requirements.
  • lybwgf
    lybwgf Posts: 16 Forumite
    Great. Thank you both.

    I'll wait and add that to my letter to the IAS if/when we get to that stage.

    Or should I complain/ raise those issues separately?

    Having had a brief look at the IPC's website (theipc.info), the IPC and IAS seem to be part of the same thing?
  • da_rule
    da_rule Posts: 3,618 Forumite
    Sixth Anniversary 1,000 Posts
    Yes they are part of the same company, as all Accredited Trade Agencies have to provide access to an independent appeal process. Personally, I would wait to complain until the Notice to Keeper has arrived (as they will undoubtedly balls this up too).
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Yes they are the same, would it shock you to learn that at the same address of IPC is a parking company, and solicitors who chase this scam. And the IPC and gladstones solicitors share a director.

    Independent ? Well you decide
    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:
  • lybwgf
    lybwgf Posts: 16 Forumite
    Wow. This is appalling.

    OK. So just to clarify, I'll:
    1. Wait for NtK to arrive
    2. Appeal to Link using Coupon's letter (adding only my details), online and by post and keep Proof of Postage
    3. Wait for Link's response
    4. If Link reject appeal, appeal to IAS - using same letter as before, also adding above-mentioned complaints.

    Or, would it be better to complain to IAS/IPC at the same time as appealing to Link (step 2)?

    Would you guys mind if I resurrect this thread when I receive the NtK to run my letters past you (for my peace of mind)?

    Thanks again.
  • da_rule
    da_rule Posts: 3,618 Forumite
    Sixth Anniversary 1,000 Posts
    Yes resurrect this thread as it enables us to look back at what has happened rather than having to search back through.

    I would complain to the IPC at the same time as the appeal. They may put pressure on Link to cancel the PCN. Also, in your appeal, list the areas of non-compliance (you can start that now) and tell them that you have reported them to the IPC, they may just cancel.
  • lybwgf
    lybwgf Posts: 16 Forumite
    da_rule wrote: »
    Yes resurrect this thread as it enables us to look back at what has happened rather than having to search back through.

    I would complain to the IPC at the same time as the appeal. They may put pressure on Link to cancel the PCN. Also, in your appeal, list the areas of non-compliance (you can start that now) and tell them that you have reported them to the IPC, they may just cancel.

    Thanks. How does this sound?



    Dear Sir or Madam:

    Complaint against Link Parking Ltd

    I have recently received a Notice to Keeper from Link Parking Ltd (re. PCN ref. XXX) and have declined their invitation to pay. I have written to them to invoke their appeals process and enclose a copy of this letter for your information.

    While I wait for their response, I now wish to make a complaint against Link Parking Ltd, as I believe that they have not complied with your ‘Accredited Operator Scheme Code of Practice’. These areas of non-compliance include:

    1. According to Part B Section 6.1(b) of your ‘Accredited Operator Scheme Code of Practice’, the Operator (i.e. Link Parking Ltd in this case) “must allow a minimum of 21 days for the motorist to lodge an appeal.” However, Link Parking Ltd (as according to their website at linkparking.co.uk/Appeals.html) have only allowed “14 days”. Please see ‘Attachment 1’ as evidence of the same.

    2. According to Part B Section 6.4 of your ‘Accredited Operator Scheme Code of Practice’, the Operator (i.e. Link Parking Ltd in this case) “must not require the motorist or keeper to submit a stamped-addressed envelope as a pre-requisite for an appeal.” However, Link Parking Ltd (as according to their website at linkparking.co.uk/Appeals.html) states, “a Stamped Addressed Envelope must be enclosed (no SAE, no reply).” Please see ‘Attachment 2’ as evidence of the same.

    3. According to Part B Section 11.1 and 11.2 of your ‘Accredited Operator Scheme Code of Practice’, the Operator (i.e. Link Parking Ltd in this case) “must not state or imply that [they] have any government or regulatory powers if this is not the case” and “must ensure that [their] company stationary and all other forms of correspondence or communication do not describe any charge that may be issued to a driver in terms that imply that [they] have authority as defined above by use of such words as ‘fine’ or ‘penalty’. However, Link Parking Ltd repeatedly use the word ‘fine’ in the Terms and Conditions of their Contract (as available to download at linkparking.co.uk/Link-Parking-ltd-contract.1.pdf). Please see ‘Attachment 3' as evidence of the same.

    In light of the above points, I would be grateful if you would please review my complaint.

    I have notified Link Parking Ltd, in my aforementioned letter to them, that I have reported them to you (the IPC) in this manner, and I look forward to hearing from you.

    Yours faithfully
  • da_rule
    da_rule Posts: 3,618 Forumite
    Sixth Anniversary 1,000 Posts
    Looks good, they also state on their website that photographic evidence will be used for prosecution purposes (http://www.linkparking.co.uk/Appeals.html), which again is a misrepresentation of their power - they cannot prosecute.

    I would take some screen shots of their site and save them (add time and date), just in case they change anything, and save a copy of their contract.

    Also, it would be helpful if you could upload an image of the front and back of the PCN as there may be more breaches. And the same when you receive the notice through the post.
  • lybwgf
    lybwgf Posts: 16 Forumite
    edited 6 April 2014 at 7:56PM
    Thank you. Will do, but I won't be able to upload it until tomorrow.

    Would it be OK to use screenshots taken now, before receipt of the NtK, or am I better to take some again once I've received that?

    Thanks.
  • da_rule
    da_rule Posts: 3,618 Forumite
    Sixth Anniversary 1,000 Posts
    I would take some now, then if they change you can add that to the letter. If they don't change then the links should suffice.
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