PCN Appeals

Quickathri

Hello Coupon Mad

From the site I believe because the PCN was issued in May I cannot fill the form in online but must post it in. So I have printed off the form - completed the front and will sign the back. I meant what I am sending to constitute the bit that would go in the box headed Why do you say the parking charge is not payable by you, which box also says continue on a separate sheet where necessary. I could try finding some glue or staple the beginning of my appeal into the box and then continue on a separate sheet if you think that is necessary. Do you think they would be so pedantic to not allow my appeal because I had not started my appeal in the box?
Thanks for reading what I have prepared thus far. I am in the process of tidying it up (it needed it) and making it look more presentable.

Coupon-mad

I think as long as you staple it securely together then separate sheets are fine (do not use paper clips as they are loose). Make sure the IAS get it within 21 days of the code/rejection letter, otherwise it will get rejected.

Quickathri

Thank you coupon mad. All papers have been stapled together with enclosures. It will be going by recorded delivery - next day delivery.


Regarding the first PCN I received - the one where I got no response to my appeal just a debt collectors letter - do you think I should complain to the BPA. The PPC now belong to the IPC. Should I tell the DVLA?


Thanks

Redx

Quickathri wrote: »

Thank you coupon mad. All papers have been stapled together with enclosures. It will be going by recorded delivery - next day delivery.


Regarding the first PCN I received - the one where I got no response to my appeal just a debt collectors letter - do you think I should complain to the BPA. The PPC now belong to the IPC. Should I tell the DVLA?


Thanks

yes is the correct answer

if they were BPA members at the time , then the BPA have agreed that popla can be used

if they are IPC members now and the pcn was issued under their CoP then the BPA wont be needed

the DVLA applies to either , so if you read parking pranksters blogs you will see that they have both agreed that members must use the correct ADR at the time of the contravention and the DVLA supported this

therefore if they were a BPA member when your pcn was issued, popla is the ADR , but I doubt the BPA can sanction them so wont have any clout as such

but the paperwork would be good evidence if an MCOL arrived within the next 6 years as you would ask the judge to refer it to the correct ADR which would be POPLA

Quickathri

Redx. Thank you. I shall prepare something for both BPA and DVLA. I won't make my letters too detailed at this point in time - I think the bald facts should suffice. I take your point about BPA and sanctions. I'll let you know how I get on.

Quickathri

Hello all. I've just received a reply from the shopping centre to my letter and email to them. They are going to "request" that PCM cancel the PCNs. The use of the word request suggests that PCM have a choice in the matter. Do they? I suppose I will have to wait to see if I hear further from PCM and then contact the shopping centre if I'm bothered further. Do you agree?

The reply is not from either of the people I contacted and does not address what I said about the conduct of the PPC or questions that I asked. I'm not happy with the tone of the letter - my guess would be that the matter has been delegated to the person concerned who has relied on what PCM has told them in framing the response. Having read through points you have made to others on this forum it does contain some interesting text. For example, it opens by thanking me for contacting them "with regards to the Parking Ticket fine" I received at their shopping centre recently.

It says their Disabled Bays are ticketed in line with the Blue Badge Scheme ... a valid disabled badge must be shown in a way that allows them "to validate it". The production of a Blue Badge retrospectively is not proof that the disabled person was in the ticketed vehicle, prior to "these parking enforcements".

It goes onto say "it is correct that the blue badge scheme entltles the holders to free parking and parking in restricted areas on public land". Further "It is also correct that inspection and penalties in line with the scheme are not permitted on private land by a public official". ...

I'm told parking on private land is governed by the law of contract and trespass. Which "means that as long as adequate signage is displayed around the parking area, the private land owner may dictate the rules of the parking facility. We may not charge extra for having to make the adjustments for disabled customers, however this does not refrain us from charging disabled customers the same parking charges as every other visitor to the centre if they do not display a valid Blue Badge. We are also not precluded from issuing penalties for the misuse of the disabled facilities."

I'm instructed the shopping centre are not in breach of the Equality Act and that the "BPA Code of practice [sic] states that regular checks must be made to ensure the adjusted spaces are not being used by people who do not have a disability; we therefore have a duty to ticket those who do not display a valid Blue Badge."

Other stuff then follows about requesting the "parking tickets" be cancelled and a polite note, which to my mind shows the person writing the letter has not understood what I have said about my passenger's disability conditions. I'm also told the Centre will not be in a position to request another ticket be cancelled if it happens again.

Oh and I'm assured all guest feedback is important the them as it is used to shape and maintain the standard of service and facilities I have a right to expect. Whilst it is hoped they will have the opportunity to welcome us back in the near future.

I am happy to have been responded to at last and to have got (hopefullly) the result I wanted, I am still a bit concerned that the PPC might refuse the request or forget to cancel the PCNs. Obviously, my feelings about the tone of the letter are not so important in the scheme of things and I suppose the person who wrote the letter thought they were doing the correct thing by their employer.

I'd welcome any thoughts any of you might have on the above.

Coupon-mad

It's good and bad isn't it? Good that they are prepared to step in to ask them to cancel it but terrible that they cannot see what they are saying, such as this drivel:

''I'm instructed the shopping centre are not in breach of the Equality Act and that the "BPA Code of practice [sic] states that regular checks must be made to ensure the adjusted spaces are not being used by people who do not have a disability; we therefore have a duty to ticket those who do not display a valid Blue Badge."

Jeez. 'Blue Badge' does not equal 'disability' in terms of use of a reasonable adjustment like a private land disabled bay and their duty is NOTHING of the sort. Their duty is to their disabled customers, not to their Blue Badge holder only customers! And if a Blue badge is forgotten by someone with memory problems then that's a feature of their disability anyway and it's unlawful to subject that person or their carer, to detriment as a result.

'' Disabled Bays are ticketed in line with the Blue Badge Scheme ... a valid disabled badge must be shown in a way that allows them "to validate it".

A PCM employee has zero powers to police/validate the Blue badge scheme. Nada. Zilch.

''it is correct that the blue badge scheme entltles the holders to free parking and parking in restricted areas on public land". Further "It is also correct that inspection and penalties in line with the scheme are not permitted on private land by a public official".

Say what?!

I'm not happy with the tone of the letter - my guess would be that the matter has been delegated to the person concerned who has relied on what PCM has told them in framing the response.

I agree. PCM are ex-clampers so not the brightest.

bazster

If they are making an effort to get it cancelled then best not provoke them until you get a result. Then give them both barrels!

Quickathri

Thanks for your comments. Today's post brought a fresh letter from the debt collectors - saying they are disappointed to note upon checking their records I had failed to contact them to arrange payment of my outstanding debt. As a company specialising in debt recovery they are undertaking to gain payment in full of the debt. They would like to provide me with a final opportunity to pay the debt. Subsequent failure to clear the amount in full may result in the debt being taken to court. In order to clear this debt and avoid further action being taken I need to contact them.


The date of the letter is the day before the one from the shopping centre. I suppose the repetition of debt is deliberate. I did write to the debt collectors as per earlier in this thread so they have not taken any notice - which I have read elsewhere is par for the course.


Any suggestions how I should proceed?

bod1467

NOTHING has changed simply because you have received the next letter in the chain.