PCN for not displaying my permit (JD Parking Consultants Ltd)

Ignatius1

Hello

Thank you to everyone on here for help with the Athena PCN and appeal. That appeal has recently been submitted to POPLA. I also submitted the appeal wording as a Word document as evidence and explained at the top of the file as Note bene (NB) that I've uploaded it because font and paragraph (carriage return line spacing etc) seemed to be lost after the upload though perhaps these were only removed and not visible in the automatic acknowledgement email from London Councils email server.

Okay, so now that one is out of the way there is another annoying PCN that I and many other residents have recently been receiving attached to our windscreens since some new parking enforcement was introduced to the area. The couple that run the reception / concierge service also live here and have seemingly instructed their managing agent company to contract a PPC to enforce parking.

The letter that everyone got in their mailboxes states that "the reason is due to the on-going issue of multiple vehicles being allowed access onto the site without permission.". The flats are situated next to the campus. There are students that also live on site here and I can only assume that this parking enforcement is mainly due to students abusing the parking seeing as it's conveniently next to the University. Perhaps students living here are also telling their Uni friends also. There is a security gate, but it isn't difficult gaining access.

So, now many residents including myself are rather irate that this PPC seem to be targetting innocent residents, even ones who have bought their property and so own that allocated parking space.

I haven't officially appealed to JD Parking. I have simply requested they send the photographic evidence that the PCN states was taken. See, many residents also are reluctant to display their permit as it displays the number of their flat. I actually had mine on the passenger seat but it was upside down! It has been 11 calendar days and I still haven't had a response from them. Appeals, incidentally, are to be sent to Parking Collection Services.

My vehicular motionary carriage isn't registered at the address I'm living at but is at least registered in my name.

I've just contacted JD Parking Consultants by telephone as the contact number printed in the letter is for residents/authorised users to have access to a 24/7 Parking Enforcement service thus enabling residents to report unauthorised vehicles that may be parked in their allocated bay etc. The receptionist is hopefully going to pass my message to the appropriate office blah blah.

I feel the same way about my other recent PCN in that the PPC possibly or probably don't have written authorisation of the Landowner and there can be no GPEOL. For me, these two arguments seem to have real strength when going to POPLA.

I have taken a photograph of the signage (contractual, it seems), a scan and photograph of the original letters received in our mailboxes and a photo of the PCN (front and back). Please use this broken link to view PDF with signage, PCN, notices etc (dropbox.com/s/bf3uzfa64zijv0s/PCN-JDParking.pdf)

I may just wait for a NtK anyway and see what happens.

da_rule

I think you're correct to wait for the NtK. I assume that you rent your property? If so, does your lease say anything about parking?

Your neighbours who own their property could contact the person who has brought the PPC in and inform them that they want confirmation that their property is expressly excluded from any contract.

Ignatius1

da_rule wrote: »

I think you're correct to wait for the NtK. I assume that you rent your property? If so, does your lease say anything about parking?

Your neighbours who own their property could contact the person who has brought the PPC in and inform them that they want confirmation that their property is expressly excluded from any contract.

Yes, I'm leasing mine and have just had a flick through the tenancy agreement, but am unable to find any mention of car parking.

I believe the couple that live here on site have instructed Adair Paxton, some property specialists, to contract the PPC. I may mention to neighbours who have purchased that they ought to request confirmation from Adair Paxton that their property is expressly excluded from any contract.

I do have 28 days to appeal to JD / Parking Collection Services so have until 10 June to send an initial appeal. At that stage I won't mention anything about written authorisation from the Landowner, no GPEOL, signage, etc and will opt for the mitigating circumstances (residents and owners of properties with vehicles all received that letter in the first page (redacted) of my uploaded dropbox PDF that states what the property's parking bay is. The property number was also written at the top of that document.

I feel that an early mention of proper appeal grounds used in POPLA appeals could give the PPC time to act and draw up their defence against my offence. Do you know what I mean?

da_rule

I know what you mean, but at the same time, if they come up against a strong appeal they may just cancel the PCN, as they are unlikely to give much (if any) weighting to mitigation. Do you still have access to the address where the car is registered? If so, can you wait for the NtK?

Ignatius1

Yes, I still have access to the vmc's registered address and can wait for the NtK. Do you think that I should do absolutely nothing and just wait for the Notice or submit an initial appeal before receiving anything through the post?

da_rule

The choice really is yours. The general advice is to wait for a NtK, but if you do decide that you want to appeal then you could still do so as the registered keeper.

Ignatius1

da_rule wrote: »

The choice really is yours. The general advice is to wait for a NtK, but if you do decide that you want to appeal then you could still do so as the registered keeper.

I may just first wait and see if they do send me the photographic evidence that their PCN claims was taken.

Coupon-mad

Ignatius1 wrote: »

Yes, I still have access to the vmc's registered address and can wait for the NtK. Do you think that I should do absolutely nothing and just wait for the Notice or submit an initial appeal before receiving anything through the post?

I think, do search & read a few other JD Parking threads as I have a niggly feeling that they might be one of the 'small fry' PPCs who just revert straight to a debt collector letter by TNC or some useless firm who don't know the meaning of the words 'Notice to keeper'. Then it makes appealing as keeper a lot more of a faff and you'd probably end up having to complain to the BPA to squeeze a POPLA code out of them.

I can't recall if JD Parking have a 'NTK letter' they send - so have a root around the forum. If people have reported hassle if they wait for the NTK, then don't wait. Of course they should all have a NTK letter - but the truth is a few do not and it's more hassle for you if you get a PCN from such a firm.

Ignatius1

Coupon-mad wrote: »

I think, do search & read a few other JD Parking threads as I have a niggly feeling that they might be one of the 'small fry' PPCs who just revert straight to a debt collector letter by TNC or some useless firm who don't know the meaning of the words 'Notice to keeper'. Then it makes appealing as keeper a lot more of a faff and you'd probably end up having to complain to the BPA to squeeze a POPLA code out of them.

I can't recall if JD Parking have a 'NTK letter' they send - so have a root around the forum. If people have reported hassle if they wait for the NTK, then don't wait. Of course they should all have a NTK letter - but the truth is a few do not and it's more hassle for you if you get a PCN from such a firm.

http://forums.moneysavingexpert.com/showpost.php?p=65544163&postcount=9

https://forums.moneysavingexpert.com/discussion/4873516

Hmmm so this carppy little PPC seem to bypass NtKs tut tut ...

I think I'm going to wait and see if the photographic evidence that I have requested will be sent to me. I have until 10 June to lodge the initial appeal to the PPC so I will give them 7 to 10 days and by this sort of time next week will probably be sending an appeal to Parking Collection Services. During last night's telephone call to the 24/7 0845 (my mobile tariff includes calls to 08 numbers) number I was given this other strange email address (joe@pro-tech-security.com) as I questioned why the front of the PCN ticket has JD Parking Consultants printed on yet the reverse side has Parking Collection Services printed for payments / appeals etc.

In the meantime, I may send some comms to the letting agent pointing out that my tenancy agreement doesn't detail any requirement to display a permit, nor does it appear to mention anything about parking. Perhaps they and the Landlord can intervene.

These situations seem really messy in that the company that manages the site here (the couple also live here) seem to instruct Adair Paxton for all matters concerning building maintenance i.e. this blasted parking enforcement, redecorating etc. Adair Paxton have chosen JD Parking Consultants.

When someone purchases a property one would assume that that bit of land allocated for the property's parking space is theirs. The land allocated to my parking space is obviously not owned by me and one would have also assumed that it's owned by the Landlord.

The Landlord, whom I do not have direct contact with, may be willing to to send a "cease and desist" letter to the managing agents.

da_rule

Parking Collection Services seem to be a company which handle payment and appeals for some, smaller PPC's. I would assume in exchange for a cut of the PCN value.

Ignatius1

da_rule wrote: »

Parking Collection Services seem to be a company which handle payment and appeals for some, smaller PPC's. I would assume in exchange for a cut of the PCN value.

What a poor set up that is really.