PCN - Flat car park

Spyryt

I was wondering if anyone could offer any advice please. I've read the stickies but still not sure how to proceed as I sent an appeal almost immediately which was rejected.

On Thursday 3rd March I came home from work feeling pretty ill. Due to being in a bit of a state, I didn't realise my parking permit for my flat's car park wasn't displayed on my dashboard and of course the one time I forget, I get a parking ticket.

Upon realising (after getting the ticket), I displayed my pass, took photos and sent them off in an appeal to the ticketing company (parkingcsl.co.uk)

On the 8th March I got the following reply:

Thank you for your email regarding the above Parking Charge Notice (PCN).
I have carefully reviewed the case and have considered the points that you raised. Unfortunately, I cannot cancel the PCN and it is still payable. I have explained my findings in more detail below.

My findings

The site in question is subject to terms and conditions, which are stated on signs throughout the area. Those signs state that all vehicles must be parked in a specific manner.
On the date in question the vehicle was parked in a permit only parking area without clearly displaying a valid permit and a PCN was correctly and legitimately issued as a result.
I appreciate the circumstances alluded to within the correspondence; however, in the interests of fairness to all motorists, our company must adopt a consistent approach when enforcing Parking Charge Notices and therefore I am unable to cancel the PCN.
It is your obligation to ensure that a ticket/permit is clearly and correctly displayed at all times, therefore it is your responsibility to settle the charge for breaching the terms of parking.
I enclose photographic evidence.
I also enclose an example of the signage present upon the site which details why a PCN will be issued. Such signage is visible in the attached photographs.
What you need to do now
You have now reached the end of our internal appeals procedure and you have three options to choose from:
1) Pay the PCN at the prevailing sum of £50.00 by 22nd March 2016. Please note that after this time the discounted rate will no longer apply and the amount outstanding will rise to £100.00 and will need to be paid by 5th April 2016. Payment can be made online or by phone. Go to parkingcsl.co.uk or phone 0208 528 4122. You can find full details of how to pay on the PCN issued to the vehicle and/or on the letter(s) sent if applicable.

2) The Independent Appeals Service (theIAS.org) provides an Alternative Dispute Resolution scheme for disputes of this type. As you have complied with our internal appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service providing you lodge an appeal to them within 21 days of this rejection. Please note that if you opt to appeal to the IAS and the appeal is unsuccessful you will be only able to settle the PCN at the full amount of £100.00.

3) If you choose to not make payment or appeal, the amount outstanding may be sought via a debt recovery company and/or court action where further costs may be incurred as a result.

I sent an Email to the landlord of the car park asking them if they could assist, but they informed me that they do not correspond with parking contractors and that I should Email the contractor asking them if they'll cancel so that's a no go.

Today is the last day before the fine goes up to £100 from £50 so I need to make a decision today how to proceed. Any advice at all would be greatly appreciated as I'm feeling a bit lost on how to move forward.

Many thanks in advance.

Half_way

what does your tenancy agreement say about parking?

Spyryt

I'd have to check my agreement when I get home from work this evening. What should I be looking out for?

The_Slithy_Tove

Spyryt wrote: »

What should I be looking out for?

Anything it says about arrangements for parking, in particular the lack of anything about having to display a permit.

pappa_golf

parkingcsl.co.uk, is a debt collection company WHO issued the ticket?

dazster

What do you mean by "the landlord of the car park"? Do you own your flat or rent it?

Half_way

Another key phrase is peaceful enjoyment of the property

Coupon-mad

Today is the last day before the fine goes up to £100 from £50 so I need to make a decision today how to proceed.

No you don't. Who is the PPC? We would normally say to ignore them after the rejection letter (see post #3 of the NEWBIES thread to understand why).

No-one is telling you to pay this or rush a decision. Read the Newbies thread post #3 about not doing the IAS stage and then read post #4 about ignoring the debt collector letters. Most of us here have done that over the years and collected quite a pile!

But which PPC issued the PCN whose name on the signs? We are not bothered about the debt collector's name.

Spyryt

Thank you all for the responses so far.

At the top of the PCN, it says County Parking Enforcement Agency LTD. I assume this is the PPC?

As for landlord of the car park - I rent the flat, but I assumed the landlord of my specific flat has no say over the car park, so I Emailed EMHHomes who seem to manage the block.

dazster

Your landlord may well have some say over the car park, it depends what it says in his leasehold. However, your first port of call is your rental agreement, to see what rights (if any) that confers.

If EMH Homes is the managing agents then they are lying, they are perfectly capable of instructing the parking company to cancel this. You might want to write to them pointing this out, and warning them that if their parking agent is foolish enough to attempt to bring a court case against you then you will be demanding full disclosure of the contract (if any) authorising them to operate on the land, and if necessary you will demand the presence of EMH Homes in court as a witness.

Coupon-mad

Spyryt wrote: »

Thank you all for the responses so far.

At the top of the PCN, it says County Parking Enforcement Agency LTD. I assume this is the PPC?

As for landlord of the car park - I rent the flat, but I assumed the landlord of my specific flat has no say over the car park, so I Emailed EMHHomes who seem to manage the block.

Yep, they are not known to be litigious:

https://bmpa.zendesk.com/hc/en-us/articles/203682202-County-Parking-Enforcement-Agency-Ltd

Today is the last day before the fine goes up to £100 from £50

We would say ignore the debt collector letters and sit tight.