PCN for Parking in a Spot I Pay For

NoThanksPCM

Hi there,

Apologies if this isn't worth posting a new thread for, had a thorough read through of the Newbies sticky and feel I'm at this stage.


in short: PCM issued £100 fine for parking in a visitor spot for not clearly displaying the permit I received for renting my flat. Already appealed and lost, at the stage where I can pay the fine or appeal to The IAS. Advice please.


I rent a 2 bedroom flat that comes with two parking permits: one for a designated numbered spot, one for visitor parking outside the flat.
Visitor parking works in the way that there are scattered parking spots with 'V's instead of numbers, (and not enough V's to accommodate every flat) and you park where/when you can.

To the point: last friday I parked up in a V spot, popped inside to change clothes, came back out a few minutes later to find a whopping £100 fine from PCM for not displaying my permit on my dashboard. it fell down to the passenger side floor. (in their evidence, they even include a photo of my permit on the floor)

Now, in my stupid naivety and trusting good nature, I've already made my appeal to PCM before finding this webstie. I figured if i provided proof that i in fact live here and pay for a V spot, they'd do the logical thing and drop it, since, you know, I pay for this spot.

NOPE

"I have considered your case carefully (yeah right) and have decided to reject your appeal on the following grounds:

You parked in a manner whereby you agreed to pay a charge. The Parking Attendant recorde that the vehicle was parked without clearly displaying a valid permit.

This site is private land and is managed and operated by Parking Control Management. The Parking Charge Notice (PCN) has been issued in accordance with this parking management scheme. The signage in the area is clear and informs motorists of the contractual obligations you agree to by parking. By parking in the area, the driver agrees to pay the charge stated."



Now according to the newbies section I can try to appeal to The IAS, but it might not be worth it, but at the same time i shouldn't ignore it.
Of course i have no intention to pay this fine, I've already spoken to my landlord and apparently they're extremely vigilant on parking in the area because it's right next to the train station. I asked if they or the letting agency can write to PCM to have this cancelled but they can't. There's also nothing specific in the contract for our lease regarding parking.

Any advice anyone can offer is greatly appreciated.

Thanks

Coupon-mad

Already appealed and lost, at the stage where I can pay the fine or appeal to The IAS.

Don't bother with IAS unless the signs are old BPA ones (have a look & take a picture). As simple as that - the IAS is considered by us here to be a kangaroo court, perverse and patronising decisions made anonymously. Not transparent nor a fair service for consumers so forget it unless old BPA signs are up talking about 'failure to comply' or 'breach'.

So then search this forum for 'PCM' to read all the recent PCM cases where we have told people to ignore the debt collector letters and to face a small claim instead of IAS as it would be winnable and a fairer hearing.

To use 'search this forum' do NOT search the whole of MSE - so it is NOT the white box top right - NOPE!

It's the heading called, you guessed it, 'search this forum' next to 'forum tools' on the right along the line immediately above the top threads on page one, above the stickies and in line with the blue 'new thread' button. Pop 'PCM' in there and charge the default search to 'show POSTS'. Loads of people currently ignoring PCM and that's much better than having a lost IAS appeal behind them since PCM are perhaps more likely to pursue a case where IAS have found in PCM's favour as they can use that as 'evidence'.

Better to treat this as per the old advice (before POPLA or IAS ever existed) i.e. ignore the letters unless you get actual court papers in which case it would be 'game on!' and winnable. We've helped people ignore scam PCNs for a decade on here and small claims are rare except from ParkingEye.

KEEP ALL LETTERS AND A PIC OF THE SIGNS AND ALL DOCUMENTS, SUCH AS THE PCN. ALL IN A FILE MARKED 'SCAM', KEPT FOR 6 YEARS JUST IN CASE.

NoThanksPCM

Thanks! I've noticed in similar threads you suggesting sending a Notice Of Cancellation to PCM. Would you recommend that for this scenario or is it not worth it?

The_Slithy_Tove

Personally I would not, as that would imply you had a contract in the first place. Doing anything that suggests you are contracting with PCM to allow you to park in your own parking space is not a good idea, as that would imply they had some sort of leverage over that parking space, which they do not.

Coupon-mad

Well in my view it does no harm at all and could be useful if they try a small claim as one defence point would be their failures under the new Regs and the fact you have cancelled the contract. Can't be sure a Judge would accept that as it's too new to have been tested, but it does no harm.

tom54673

hi, I received a temporary parking permit for a car parking space at my brothers new flat, which I have used for the last three months. I received a P.C.N on the 1-12-14 I assumed because the permit had not been in proper view, to my surprise I received another P.C.N on the 2-11-14. The second ticket had a marked reason for the issue of the P.C.N. The reason being the permit had expired. I would like to dispute the tickets on grounds that I was unaware of any expiry date of the permit.
I Would appreciate any help/comments on this matter.
Regards
Thomas Ellis

The_Slithy_Tove

Please start your own thread rather than hijacking someone else's. It's the way we do things here, and saves a lot of confusion. Before you do, though, read the NEWBIES thread at the top of this forum.

The_Deep

I am not sure how this works, you have a permit to park your own car, and another permit for visitors to park their cars in visitors' places, but you were parked in a visitors' spot, of which there are few?

Have you therefore breached any contract which you have signed with your MA/landlord?

Of course, you should not pay this as it is a penalty, but why do you think that it is acceptable to deprive visitors of a space?

Guys_Dad

When you appeal to IAS, as you should in this particular case, refer them to the photo showing your permit and that it was clearly on display as the photo shows. It would be even more helpful if the signs or site rules did not specify where the permit should be displayed.

Coupon-mad

tom54673 wrote: »

hi, I received a temporary parking permit for a car parking space at my brothers new flat, which I have used for the last three months. I received a P.C.N on the 1-12-14 I assumed because the permit had not been in proper view, to my surprise I received another P.C.N on the 2-11-14. The second ticket had a marked reason for the issue of the P.C.N. The reason being the permit had expired. I would like to dispute the tickets on grounds that I was unaware of any expiry date of the permit.
I Would appreciate any help/comments on this matter.
Regards
Thomas

Dear Thomas - no, you wouldn't like to appeal on that basis unless you want to lose and give away who was driving, like some numpty!

Read the NEWBIES thread first please. Use the FORUM JUMP on the right of this page and click 'GO' then you will see the first page of this forum with the NEWBIES thread near the top begging newbies to read it first.


DO NOT REPLY HERE - THIS IS NOT YOUR THREAD. WHEN YOU START YOUR OWN THREAD, DON'T USE YOUR SURNAME TO SIGN OFF POSTS.

Mike172

What happens when I get a ticket and its appeal process involves IAS - surely when I ignore it Ill have CCJ's and stuff. What happens when I need to remortgage

Not happened yet but surely it will........

Really dont see how this can continue.