Dispute of PCN: AM Parking Services Ltd.

rocky995

Hi All,
In July my partner parked in 'unmarked' land in a parking area provided for residential flats where we live due to no free spaces being available. The land is tarmacked and people used to park there before AM Parking Services started to manage the site.
The following morning my partner went out to the car and found a parking charge notice on her car windscreen stating that she was parked outside of a bay and that the fine was £60 or £100 if not paid within 14 days. We subsequently appealed the PCN with AM Parking services on the basis of:
1) Failure to advise all residence of enforcement of Parking Rules
2) Inconsistency of application of Parking Rules regarding time limits
3) Inconsistency of application of Parking Rules regarding types of vehicle
4) Failure to provide appropriate definition of “roadway” and designated areas
5) Failure to correctly identify the site using postal address designators
6) The charge is disproportionate, not commercially justifiable and fails to identify any loss to your company or the landowner.

I additionally asked for a copy of AM Parking Services Ltd.’s agreement providing authority to take action on behalf of the Land Owners.

This morning we received a quite generic e-mail from AM Parking Services stating:

"I have read through your letter of appeal, and the reason why you have stated that this vehicle was parked in this area and I have looked at the date and time stamped photographic evidence and I have taken all aspects into consideration.
Whilst I have taken your letter of appeal into consideration, the signage in this area clearly states that all vehicles must park within a designated parking bay at all times. Vehicle ... was parked in contravention of the terms and conditions as per the signage in this area.
The signage that is displayed around this site covers the whole area we enforce parking restrictions in full, from where the vehicle was parked there was at least one visible sign, of which we have further date and time stamped photographic evidence.
We cannot confirm the arrival or departure time of vehicle ... only the date and time it was first noted parked outside of a designated parking bay and the date and time PCN ... was applied to the vehicle.
If the reduced payment of £60 has not been received by noon on Friday 11th September 2015 PCN ... will increase to its original amount of £100, if no further appeal has been received via POPLA by noon on Friday 14th August 2015 then PCN ... will be passed to a third party debt recovery company.
You have a right to appeal via POPLA our verification code is ..."
Also in the e-mail they stated:
"With regards other information you have asked for I am sorry but I cannot disclose this as being part of the DATA PROTECTION ACT 1998. Our clients' identity or personal details will never be disclosed to those issued with a parking charge notice. This is in accordance with the rights afforded to us by the Data Protection Act 1998."

My question is do I have a case to appeal? They did not answer all my questions especially those relating to inconsistency of parking rules i.e. they issued a PCN for my partner, but there are commercial vehicles on the land, which are not allowed, and cars parked in spaces for days when they are only allowed 4 hours, thus leaving no other spaces.

I would appreciate anyone's help!

Many thanks.

Quentin

You need to read up on what to do when your first appeal fails and you get a POPLA code in the newbies FAQ sticky thread near the top of the forum


Also have a look here too regarding POPLA


http://www.popla.org.uk/update.htm

gplinge

Haven't they given up some rights under the data protection act ?
hxxp:// www .legislation.gov.uk/ukpga/1998/29/section/35

(could someone please edit the link)

Which indicates
Personal data are exempt from the non-disclosure provisions where the disclosure is necessary—
(a)for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or
(b)for the purpose of obtaining legal advice,
or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.


Which. particularly with the "catchall" "for the purpose of obtaining legal advice," suggests there is an obligation to disclose

Quentin

gplinge wrote: »

Haven't they given up some rights under the data protection act ?
hxxp:// www .legislation.gov.uk/ukpga/1998/29/section/35

(could someone please edit the link)

http://www.legislation.gov.uk/ukpga/1998/29/section/35

Redx

you need to start on an Ombudsman Services appeal and lodge it with popla so they can pass it on

search out similar 2015 popla appeals by other members here using the forum search and base yours on theirs

dont miss the 28 day expiry deadline to lodge it with popla, although it wont be dealt with by popla now (its the Ombudsman Services from october)

System

AM Parking were suspended by the BPA between Feb-April 2015. Is your ticket from that date or after.

Any company suspended (e.g. ANPR Ltd) will be dodgy so check everything and complain to the BPA or Trading Standards if you believe they are attempting to defraud you.

Run by the Manley's. Ex-clampers.