PCN for not displaying ticket, when it was visible

agh100

Hi

I have received a PCN from UK Car Park Management (CPM) for parking in private property (my girlfriends flat's private car park) without a valid permit.

I did however have a parking permit on my dashboard, it had though slid so that it was visible from the small side window on my car (above the wing mirror) rather than through the windscreen.
It was still clearly visible in the car, although technically I suppose it was not clearly displayed on the windscreen.

CPM are a member of the BPA, have provided photographic evidence on their website and told me I have 14 days to pay the reduced fee of £60 or appeal. They also POPLA in their PCN.

What is my best course of procedure here? Obviously I want to appeal a the permit was valid and I took my own photographs showing you could see the permit from outside the car.

Myself and girlfriend will shortly be applying for a mortgage, so dont want to do anything that may affect my credit rating.

Any advice gratefully received!

thanks

Northlakes

First check the lease agreement to see if there is a requirement to display a parking permit at all! Quite a number of PPC's just chance that they have the authorisation to issue false invoices.
Read the NEWBIES section and look up successful appeals for that PPC
Then come back for more guidance from more expert posters..

agh100

yep there is definitely a requirement to display a permit and signs up are saying this as well.
I have read the newbies section but can't seem to find anything that matches my case - ie permit was clearly displayed, but not directly through windscreen..

thanks

Northlakes

Is it in the lease or deeds? Just because some PPC sticks up some signs doesn't mean they have the legal power to issue PCN's trespassing on your own space to do so.

Northlakes

A bit of reassurance in this thread.

https://forums.moneysavingexpert.com/discussion/5180926

agh100

not sure about the lease or deeds, or how easy it would be for me to find this out?

sounds like my best course of action at this stage is to appeal to UK CPM..

Guys_Dad

If you do appeal, then use advice in Newbies thread. But also look at the wording on the signs re where you must display the permit. Is it explicit that it MUST be on the dashboard or what? If not, then again using "the driver" and not "I", point out just where the permit was and that it was visible and that the operative specifically took photos that were aimed away from the ticket in order to produce revenue for the PPC and probably himself.

Ask why no photos were taken of the area where the ticket was displayed and enclose a photo of your own showing where it was.

Northlakes

Yes you will have to appeal to CPM eventually but you are best knowing before you do so what shells you have in your armoury.

Wait for the NTK (unless leased car).Is it compliant? Don't admit who was driving.

You are in spiders web woven by threads of deceit and half truths with sole purpose of money extraction. These guys are looking for the easy payers so don't be fooled into being one of them.

Your partner should have a copy of the lease agreement and there should be a paragraph detailing parking rights. Look that up and come back. Read and read again the NEWBIES section it has been written by experts.
Come back and an expert will guide you further.

agh100

ok thanks, will have another read through everything on here.

The only thing I am confused about is why do I need to find all this evidence trying to find a fault in their claim, if ultimately I can just ignore and proceedings as it is not worth them taking me to court?

thanks

Dr._Shoe

Because they might take it to court and get a CCJ. That'd mean goodbye to a decent mortgage. By the time they add admin and handling charges and make you pay costs (if they win) it is worth it.

Follow the advice the guys have been giving you, they know what they're talking about.

agh100

ok will do thanks