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Permit only car park

My permit fell of the windscreen and I got a PCN. There is no charge for the car park. Under what grounds should I appeal?
«13

Comments

  • Umkomaas
    Umkomaas Posts: 43,744 Forumite
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    Don't hold back on the information there fella!

    We need to know more about the parking event. But first please read the newbies FAQ sticky so you can get an understanding about what this stuff is all about (posts #1 & 2 only at this stage). Then come back with some details.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Ralph-y
    Ralph-y Posts: 4,748 Forumite
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    and if you are browsing on a phone ..... then using a PC/laptop may be easier....

    Ralph:cool:
  • Fruitcake
    Fruitcake Posts: 59,479 Forumite
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    Umkomaas wrote: »
    Don't hold back on the information there fella!

    We need to know more about the parking event. But first please read the newbies FAQ sticky so you can get an understanding about what this stuff is all about (posts #1 & 2 only at this stage). Then come back with some details.

    ... or lady. ;)
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Styoupid
    Styoupid Posts: 27 Forumite
    The car was parked in a communal car park. It is in a business park which is used by lots of different companies and some small businesses. The car park is vast and could be used by HGV's to park overnight I suppose.
    Anyway, the car park is free to use but you must have a permit. Either a daily one or in my case a yearly one. The car is parked there every weekday and has the permit clearly displayed in the windscreen.
    However, on this occasion the permit was not there. I'm saying that it fell off because it could well have done but in any case it wasn't displayed on the windscreen. Just after the PCN was placed on the windscreen of the car the person that issued it was confronted and shown the permit. He stated that he was unable to cancel it. The receptionist was then asked and she stated that the management company would probably not cancel it because the restrictions have been in since September 2015. My car has only been parking there since late March this year.
    I have since emailed the management company as the registered keeper explaining what had happened and that £60 (rising to £100 after 2 weeks) is a lot to pay for a genuine mistake.


    Sorry for the complete lack of information in the first post.


    Any help would be appreciated.


    (It's fella BTW)
  • bod1467
    bod1467 Posts: 15,214 Forumite
    What you've received is an invoice. The basis of the invoice is that the vehicle was parked without displaying a permit, in breach of the T&Cs of the car park. Therefore the car was parked without authorisation ... in other words it was trespassing on the land.

    A PCN is not a viable method of pursuing trespass, so it must be trying to form a contract. As it is impossible to contract to do something which is forbidden ......... ;)
  • Styoupid
    Styoupid Posts: 27 Forumite
    It states:


    The vehicle was parked on private property in a manner where the driver agreed to pay a parking charge as displayed on the signage.


    So, should I ignore or send a letter stating unreasonable charges?
  • Coupon-mad
    Coupon-mad Posts: 155,423 Forumite
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    The NEWBIES thread already tells you what to do, please read it. That's why it's at the top of the forum asking newbies to 'read this first'.

    NO LINK GIVEN!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Styoupid
    Styoupid Posts: 27 Forumite
    Update!

    The PPC is an IPC member so I sent them the template letter from here. I waited 3 weeks before sending it and just got a reply telling me that my appeal wasn't successful. I haven't received any other correspondence from them as yet.

    Should I send the letter again?
  • Umkomaas
    Umkomaas Posts: 43,744 Forumite
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    Almost every appeal to an IPC PPC is rejected. Nothing you send to them further will change that.

    The next stage in their 'appeals' process is via the IAS - a largely futile exercise where, unless you've got incontrovertible evidence (like proof of being on the moon when the parking event took place), there is scant prospect of success.

    Next stage is more than likely powerless debt collector letters - you can read all about them in post #4 of the newbies sticky.

    Which parking company is involved here?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • The_Slithy_Tove
    The_Slithy_Tove Posts: 4,108 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Styoupid wrote: »
    The vehicle was parked on private property in a manner where the driver agreed to pay a parking charge as displayed on the signage.
    Then show us what the signage says.
This discussion has been closed.
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