Challenging PCN's which are simply unfair

moominmamaboo

Hi

I am looking for advice as searching through threads I have not been able to find anything which fits my issue. I am not looking to argue on signage etc but simply that the parking charge is unfair.

My PCN was issued parking where I live. I have an allocated parking space and there is visitor parking available for which we have a visitor permit. On the day the PCN was imposed I had returned home to find a visiting vehicle in my space. Weighing up the options I felt that the best route would be to use a visitor space until my space was free. I was able to move my car back to my space about an hour later. My residents parking permit was clearly displayed indicating that i had a right to park on the land

I have done this many times before without any issue I might add as the parking around our estate is bad with 3rd parties often parked in resident bays.

I received the invoice out of the blue, It simply said that i had violated the parking restrictions and showed a photo of the rear of my car in a space (not the permit or anything telling me what i had done wrong) So i wrote to the appeals and enquiry dept with an enquiry - asking them to clarify what i had done wrong and for them to send further photos. I had in the post today a letter saying that "my appeal had been carefully considered but it has been rejected" yet I hadnt lodged an appeal?

The aspect of their letter i take most issue with is "Parking in someone elses allocated space can cause them a great deal of inconvenience and for this reason CPM will continue to actively monitor the car park to ensure residents can gain access and have exclusive rights to their parking bays"

So on this occasion
1. I wasnt in an allocated space I was in a visitor space
2. As a resident I had been caused inconvenience by someone being in my space (and continue to do so trying to deal with the charge)
3. They werent actively monitoring the car park and ensuring my rights to my parking bay

I was there for no more than about an hour, and if anything no harm was done as I was using the space that the "visitor" in my space was using.

Any advice on whether i have any winnable points or guidance on appealing to the IAS as they recommended would be gratefully received.

Thanks

Coupon-mad

Almost no-one wins at the IAS but you are treating this too seriously. These are ex-clampers and ALL these fake PCNs are unfair.

Start ignoring them, now you have tried one appeal, as the 'NEWBIES READ THIS FIRST' threads tells you, because there is no POPLA there is no point appealing further. Just sit tight like all the other people here with a daft PCN from an IPC member firm.

Come back if they try a small claim but IGNORE debt collector letters:

https://forums.moneysavingexpert.com/discussion/5035663

Keep all letters in a file though, just in case they try a small claim within 6 years (look how unlikely the figures make this!):

http://www.bmpa.eu/companydata/UK_Car_Park_Management.html

BMPA says 'Our recommendation for this operator: Contact whoever hired them e.g. site management as they have a lot of self-ticketing.'

Ignore UKCPM and read more threads about IPC firms. Try a complaint to whoever hired them and try to get them removed - you do not want this bunch hovering round your cars in this car park, looking for residents to rip off. These firms are NOT there for parking control.

Covered every day on new threads (read any about IPC or IAS) and in the NEWBIES thread too post #3 and #4 of that thread.

moominmamaboo

The thing that's the biggest rub is that the residents pay exorbitant services charges attached to our lease - we pay for them to be here!

Coupon-mad

So that's why the residents should rattle cages & complain vociferously to get them removed. DO NOT PAY.

fisherjim

I am not looking to argue on signage etc but simply that the parking charge is unfair.

With respect, I don't think you have quite grasped the sick game these greedy Muppets are playing!

"Parking in someone elses allocated space can cause them a great deal of inconvenience and for this reason CPM will continue to actively monitor the car park to ensure residents can gain access and have exclusive rights to their parking bays"

Your experience has quite clearly proved that they are totally and utterly useless at doing this.

You are now as CM says in limbo land until they make their next move, but they would be quite stupid to take this to court.
But you will definitely get a deluge of silly debt collectors scrap paper.

Half_way

Theres lots of stuff on own space if you have a look around.
if you want to get finnecky on the signs, they may require advertising consent.
Another point to hammer home is that the management company are jointly and severally liable for the actions of their agents, if your time is being wasted, if you are being harrased, then you should tell the management company to put a stop to it - othewise the management company could be invoiced for your time.
another thing you need to hammer home is tat the imposition of a profit making company in your parking space/area is completely unreasonable.

another angle you could ask/tell the management company to consider could be the business rates, odds are that the land isnt taxed for business use

The_Deep

Here are a couple of people who bit back.

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

http://www.miltonkeynes.co.uk/news/milton-keynes-woman-secures-landmark-victory-for-flat-tenants-in-parking-dispute-1-7459066