PCM ticket at IPC stage no clue where to start!

Sprucey83

Help please have read the newbies sticky but still lost as to my next stage! Got a PCM pcn at Bluewater whilst at work, parked in mark bay but my marked bay had the front 2 feet diagonally cut off by new colour coded walkways so my tire is just touching the path, appealed it (stupidly) before reading stuff on here and now need help with the IPC process and what to write! Took photo eveidence at the time showing I'm in the boundaries of my bay which in the appeal letter they've stated there aren't white lines either side of the area indicating its a marked bay and suitable for parking and they advise I refrain from parking in the area in future to avoid further pcns! Which is nonsense it's a clearly marked bay!! Just has a chunk taken out of it by a walkway! :mad:

ColliesCarer

Have they provided you with a URN (Unique Reference Number) for an appeal to IAS?

Members of the IPC may use what is termed a contractual charge model for their charges rather than the more usual breach of contract model.

Your IAS appeal will need special wording as a consequence and the wording on their signs will be important for anyone helping you to draft your IAS appeal. Also you only have 21 days to submit your appeal from date of rejection letter containing the URN

Do you have any photos of the signs you could upload to hosting site and post links to here?

As a Newbie you will have to post a broken link - just leave off the http://

arabesque_101

We'd also like you to scan front and back of the notice they left on your windscreen as well as the letter rejecting your appeal. Load those to an image hosting service such as photobucket.com, after redacting all your personal details including the notice number. Then include the links here, leaving off the http://

AoD

OP don't let it sidetrack you, but have you complained to Bluewater? They have good form for cancelling wrongly issued tickets from PCM.

Sprucey83

Thanks peeps have uploaded all the details to photo bucket with pics I took on the day of the car, 7years I've parked in this space and never been an issue even since they sliced through it with the coloured walkway!

s1242.photobucket.com/user/sprucey83/library/?view=recent

ColliesCarer

Clicky link

http://s1242.photobucket.com/user/sprucey83/library/?view=recent

Wording on the rejection letter means No GPEOL will be applicable in your IAS appeal
e.g enforcement action will be taken for parking in breach of the restrictions
No vehicles can park in this area for any amount of time
Parking is not permitted on.........or areas in which parking is not designated

Ideally could do with seeing a photo of the actual signs detailing the parking terms too if you are able to get one

Sprucey83

AoD wrote: »

OP don't let it sidetrack you, but have you complained to Bluewater? They have good form for cancelling wrongly issued tickets from PCM.

Thanks I'll give it a try when I'm in this week, trying to speak to someone in the management suite best? I thought maybe they would completely disassociate themselves with the parking?... :sad:

Sprucey83

Thanks collies carer can you read my scanning of it enough to make sense of it?

Sprucey83

Did anyone have a chance to have a peek at the details to help with the appeal? I don't understand why they've stated i parked in an un designated area when I'm clearly in a marked bay with white double lines at either side and the back?!

ColliesCarer

Sprucey83 wrote: »

Did anyone have a chance to have a peek at the details to help with the appeal? I don't understand why they've stated i parked in an un designated area when I'm clearly in a marked bay with white double lines at either side and the back?!

Your appeal needs to be based on strong legal arguments and what they are alleging means that the charge they are levying is for breaching the restrictions which means they must prove a genuine pre estimate of loss (and I know this is IAS but this point is one that has won a very large number of times at POPLA)
It is a much stronger argument than one about whether it was or wasn't a designated area.

You will need to read the IPC Code of Practise on their web site and check the windscreen notice and signage for compliance - when you have a photo of it post it up.

You need make sure you make a very strong point on the fact this is clearly a matter of breach and is not a genuine contractual offer to park as “no vehicles can park in this area for any amount of time” - there can be no contractual fee involved because you cannot pay a contractual charge to be given permission to do something which is not permitted.
As this charge is for “parking in breach of the restrictions” – the charge has to be shown to be a genuine pre-estimate of loss. There was no damage or loss flowing from this parking event.

Another point for you will be no authority as the Operator is not the landowner and therefore has no standing.

Take a look at this link to a post by Coupon-mad helping another OP dealing with an IAS appeal. Points 4, 5 and most of 6 in the draft appeal will also apply to you

https://forums.moneysavingexpert.com/discussion/comment/65096091#Comment_65096091

ColliesCarer

Some extra information for you - take a look at this link by AoD who recently helped a neighbour win an IAS appeal against PCM at I think Bluewater

https://forums.moneysavingexpert.com/discussion/4954485

You could try sending a pm to AoD for advice on your appeal