PCN Parking Fine. Lost at IAS, What next?

crooksy10

I received a parking fine from Parking Control Management on 11/12/14 and have been contesting since.

I live in a block of flats, each flat is allocated a car parking space. I had not put the new permit in my car for a measly 2 hours and yet still have a ticket. I find I ridiculous I now have to pay £100 for the fine when I have every right to park there.

Wish I had found this forum sooner as I have now contested both to PCM and to IAS (Which as I can see now is a waste of time). I didn't structure my contested tickets appropriately as I see I should have here, but am looking for some advice on where I go now as I realise I will probably start getting these silly debt collectors letters through soon?

Many thanks for any help.

wiogs

crooksy10 wrote: »

I received a parking fine from Parking Control Management on 11/12/14 and have been contesting since.

I live in a block of flats, each flat is allocated a car parking space. I had not put the new permit in my car for a measly 2 hours and yet still have a ticket. I find I ridiculous I now have to pay £100 for the fine when I have every right to park there.

Wish I had found this forum sooner as I have now contested both to PCM and to IAS (Which as I can see now is a waste of time). I didn't structure my contested tickets appropriately as I see I should have here, but am looking for some advice on where I go now as I realise I will probably start getting these silly debt collectors letters through soon?

Many thanks for any help.

No fine involved.

What was the basis of your appeal and why was it rejected?

bod1467

All you do now is ignore everything from PCM or any debt collector UNLESS it is an LBCCC or actual court claim (but only from PCM - a debt collector cannot take you to court). And you would win in court - there was no loss, there was no intent to cause a loss, there was also likely no provable contract.

And of course you harangue the managing agents/freeholder about this to get the original PCN cancelled.

Do you own or lease the flat? What do your deeds or lease say about parking? Is there anything there giving you the right to "quiet enjoyment"?

One thing you DO NOT DO is pay them anything!

crooksy10

The basis of my appeal was that I was the legal owner of the car and owner of a permit for that spot. I tried explaining how I had bought a new car and had not moved the permit into the new car but I realise now these sorts of appeals are meaningless.

I am renting the flat and need to do some digging in terms of what the lease says about the parking and "quiet enjoyment".

What's strange is the PCM Website still allows me to appeal on-line even though I have been rejected at both the PCM and IAS Stage..

Thank you for your help.

bod1467

What exactly was your IAS appeal wording, and what was the IAS ruling wording? (Redact any personal data, including any PCN or IAS references).

crooksy10

I cant remember my exact wording for the IAS Appeal but it was something along the line of.
I had bought a new car and parked in the space for 2 hours before realising i had not placed my permit in view. i did this but received a fine. I find this ridiculous seeing as i am the legal owner of the car and legal owner of a permit for this spot. (I also sent ref of the car ownership and of the permit).


My reply i have copy and pasted from the mail they sent me.

Dear ,

The Independent Appeals Service (IAS) has received a decision from the Independent Adjudicator regarding your recent appeal. Please see below for the full details.

Parking Charge Number (PCN):
Vehicle Registration:
Date Issued:

Appeal Outcome: Dismissed

The Adjudicators comments are as follows:

"The appellant knew that a parking charge would be payable in the event his car was parked without displaying a permit. He points out that it would have been obvious he held a permit because he also had a fob to gain access to the car park. Whilst I understand the logic of the appellant's argument, it does not make a difference here. This is because the operator's signs make it clear that the parking charge will apply if a permit is not displayed in the car. Ownership of a permit or a fob is therefore irrelevant since the contractual obligation is to display the permit. For this reason, I am unable to interfere with the decision of the operator to issue a parking charge. "

As your appeal has been dismissed, the Independent Adjudicator has found, upon the evidence provided, that the parking charge was lawfully incurred.

As this appeal has not been resolved in your favour, the IAS is unable to intervene further in this matter.

The Operator must now allow you 14 days to make payment before they commence any action to enforce the charge.

Should you continue to contest the charge then you should consider obtaining independent legal advice.

Yours sincerely
The Independent Appeals Service

Jim_AFCB

You need to remove the references to your PCN and vehicle registration ASAP!!

Marktheshark

I would write back to IAS stating they have not put a name to the appeal and you want proof that they are independent and suitably qualified by naming them as is common place in the legal worls.

My suspicions are they have one legally trained over seeing bod and an office full of minimum wage responders.
The claims a barrister looks at each appeal does not stand up to financial scrutiny.

What Barrister is going to spend half an hour reading an appeal and half an hour tying a response out for the measly fee they charge the PPC ?
The answer is none.
They have one genuine legal goon in that office (the owner) , make them name the one putting name to it.

The word of the use Lawfully is also incorrect.
They are not administering any law here.

crooksy10

Thanks, didn't know that was a big issue to state.

Jim_AFCB

crooksy10 wrote: »

Thanks, didn't know that was a big issue to state.

They can identify you and your case, and IF it went to court they could produce a printout on this thread if there was anything in it to undermine your case, for example.

crooksy10

Of course. Thanks for the heads up.

Ive replied to the IAS with what you suggested. Marktheshark. Thanks for the help also