PCN for not displaying ticket, when it was visible

Northlakes

Ignoring isn't an option as it shows you aren't going to rollover. After the soft PPC appeal to CPM which they will turn down automatically (unless you can show them that your partners lease has no provision or clause to show parking permits) you the have a second appeal to POPLA or IPC ( I will check which one as there has been some changes) which charges the PPC £27 or so.

The second appeal is on legalities and knowing what these are in the NEWBIES section.

A recent court ruling may mean that some PPC's are going to get far tougher and use the court processes more freely. That's why you need to know what to do. If you can see them off at an early stage in the process this is far the best way.

Northlakes

BPA member so potential POPLA appeal

agh100

ok, so I've read the newbies section and found a copy of the original lease for the flat (back in 2008) - I can't find any mention of parking regulations in the lease.
I'm still slightly confused though, do I appeal now or wait until after the 14 days have passed?
And if I use the template on the newbies page, it seems to be making reference to lots of appeal reasons which don't necessarily apply to me..

thanks

bod1467

The PCN ... are you talking about one affixed to the windscreen, or one you have received via post? (If the latter [post] then do the appeal as soon as you like - as keeper - but certainly within 28 days of the date of the notice. If the former [windscreen] wait for the postal notice).

You can drop the "rant" paragraph (below point e) if you like, but otherwise keep the appeal as-is ... there's a very high probability that all the appeal reasons DO apply for you, but you just can't see it. (This template appeal has undergone many revisions over time, and is constructed as it is for very good reasons).

agh100

no I have only received the PCN stuck to the windscreen at the moment.
So I wait until I receive the NTK? This will mean that if my appeal does fail I am now liable for the full £100, not the reduced £60?

Ok, will look at the template again on the newbies page, but presumably I need to modify to add in the reasons for appeal that are specific to me - see further up this thread?

The_Deep

If the lease/Ast makes no mention of a permit then I cannot see how the PPC could win their case at court, they have suffered no loss, there is no commercial justification, and they are unlikely to have formed a valid contract with the land/lease holder. You can ignore or appeal, you cost them money by appealing and you are not bound by the decision.

agh100

ok, feel I really should appeal though as despite all the other loopholes, I was actually displaying a valid permit!
My girlfriend thinks the landowners have changed since the original lease and when she originally moved in their was no parking permit system.

So I definitely shouldn't appeal within the 14 day period specified to qualify for the lower £60 fine?

ManxRed

You're not going to be paying anything. Why are you concerned about missing the discount period?

Your lease trumps everything else, including the signs. If the management company or a PPC wants you to display a permit, then they would need to vary the terms of your lease, and they can't do that without you granting permission, which you know you haven't done.

They haven't got a legal leg to stand on.

ColliesCarer

no I have only received the PCN stuck to the windscreen at the moment. So I wait until I receive the NTK?

Yes - wait for the postal NtK notice. Should arrive no sooner than 29 days after the parking event and no later than day 57

This will mean that if my appeal does fail I am now liable for the full £100, not the reduced £60?

No - they will more than likely offer the same terms to the registered keeper in the NtK and as ManxRed has said you won't be paying anything anyway

Ok, will look at the template again on the newbies page, but presumably I need to modify to add in the reasons for appeal that are specific to me - see further up this thread?

Don't panic and don't rush.
You have at least 25 days? to go before an NtK will arrive. Use the time to gen up.
Be careful when adding/modifying anything that you keep to the third person and from the perspective of the registered keeper.
Come back on when you have the NtK and post up what you intend to send for advice on wording.

agh100

ok thanks will wait for NTK then.

The car park is at my girlfriends, she gave me a copy of the original lease, but since then parking permits have come in and also the landowners have changed, she cannot be 100% sure that she hasn't signed an updated lease, but is pretty sure she didnt