myparkingcharge

blakbruker

Cheers Ian011, another arrow for the bow!

Becstar12345

Should you pay a pcn ever? Even if driver WAS parked in contravention of the car park rules? E.g. over the white lines as I keep seeing on some posts? How could someone argue it they were incorrectly parked?

Coupon-mad

Becstar12345 wrote: »

Even if driver WAS parked in contravention of the car park rules? E.g. over the white lines as I keep seeing on some posts? How could someone argue it they were incorrectly parked?

Because private parking PCNs are a scam (ALWAYS, IMHO) and we don't argue about the parking event. It's not about that, you could be parked sideways across two crappy ''parent & child'' bays at Tesco and still easily win at POPLA. And quite right too (not least because P&C bays are a pile of white lines, a gimmick, nothing more).

But also because private parking firms are cowboys - MPs said so in Parliament. Greedy protection racketeers, should not exist. Anyone who works for one should be ashamed, IMHO. How could anyone do that for a living, ever? I'd rather be unemployed than that.

Should you pay a pcn ever?

Not a private one, no, unless a Judge tells you to. And we win 99% of court cases too. Proves it's a scam, we reckon. Some Judges are realising.

blakbruker

OK, the RK received another letter from VCS:

We refer to your appeal in respect of the above Charge Notice received on xx/xx/2017.
Please note that we operate to the International Parking Community's (IPC) Accredited Operator Scheme. As members of the IPC, it is necessary for us to evidence to the IPC that we have relevant authority to undertake enforcement activity at the site concerned and that our signs in situ are compliant in setting out the relevant terms and conditions of use. We will only answer pertinent points at this stage.
In regards to the issue of any claim of harassment, it must be noted that under the Administration of Justice Act 1970, the relevant Section 40 does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of enforcement of any liability by legal process. Due to the fact that the aforementioned contract was created, the driver has agreed to the Terms and Conditions including being liable for a Charge in the event of a contravention. To this end we are within our rights and acting in accordance with the Administration of Justice Act
1970.
Having considered the points you have raised and reviewed our records, we are unable to accept your appeal. Our main reason(s) for this decision are as follows:
As per the statement of our Patrol Officer you were observed not to be a customer on site on this occasion, your vehicle was parked in breach of the Terms and Conditions displayed on site. We would note that motorists are required to be on site at all times while parking in reserved customer parking. As you were observed to have parked in a customer only car park during this time, you were therefore in breach of the Terms and Conditions.
What you should do next - Either:
1. Pay the Charge Notice: In order to settle the Charge, the payment of £60 to reach us by 10/06/2017 or £100 to reach us by 24/06/2017 must be made. Failure to pay this charge within the stated times, may result in Debt Recovery Action being taken and further costs up to an additional £60 being incurred.
Payments can be made online at https://www.myparkingcharge.co.uk by following the links for "Pay Now", or over the phone by calling 0845 226 9138 by using a valid Credit or Debit Card. (If paying by Credit Card a surcharge of £1.00 will apply).
OR:
2. Appeal to the Independent Appeals Services (IAS):If you believe this decision is incorrect, you are entitled to appeal to the IAS. In order to appeal, the IAS will need the following information (which is also contained in the subject header of this correspondence).
Notice Serial No: VCSXXXXXX
Vehicle Registration Mark: XXXXXX
Appeals must be submitted to the IAS within 21 days of the date of this correspondence. Please visit https://www.theias.org for full details on how to submit an appeal online.
It is important you note that if you wish to appeal to the IAS and your appeal is unsuccessful, the discount offer will no longer apply and the full amount of £100 will be pursued. Please be aware that if a payment is made against the PCN prior to lodging an appeal with the IAS, or receiving adjudication from the IAS, and if it is accepted as Full and Final settlement of the PCN, any appeal to the IAS will automatically be dismissed. It important I also highlight that no further appeals will be accepted at this office; any such appeal must be made to the IAS.
Please also note that further costs may be incurred should it be necessary for us to subsequently recover any outstanding charge using debt recovery and/or court action.
Yours sincerely,
Appeals Administration Team
CENTRAL PROCESSING OFFICE

Interesting how they say they saw the RK leaving the site when they cannot possibly have done as the RK was neither the driver or the passenger of the car at the time!

So I guess now there's nothing to do except wait for a LBC. Tempted to report them to OFCOM for the premium numbers though :-D

Umkomaas

Interesting how they say they saw the RK leaving the site when they cannot possibly have done as the RK was neither the driver or the passenger of the car at the time!

So I guess now there's nothing to do except wait for a LBC.

I rather suspect they won't want to go anywhere near a courtroom on a 'leaving the site' case after their mauling by Judge McIlwaine.

Ian011

blakbruker wrote: »

Payments can be made ... ... over the phone by calling 0845 226 9138 by using a valid Credit or Debit Card. (If paying by Credit Card a surcharge of £1.00 will apply).

Usage of a premium rate 0845 number for this is a breach of Regulation 41 of the Consumer Contracts Regulations 2013.

Failure to declare the call costs immediately alongside a premium rate 0845 number is a breach of Ofcom regulations.

beamerguy

Ian011 wrote: »

Usage of a premium rate 0845 number for this is a breach of Regulation 41 of the Consumer Contracts Regulations 2013.

Failure to declare the call costs immediately alongside a premium rate 0845 number is a breach of Ofcom regulations.

100% correct

blakbruker

Reading that regulation it seems that the only provision is for anybody who has paid more than the basic rate be reimbursed the additional cost. Is that correct or can they be reported for breaching the regulation and suffer any consequences?

Umkomaas

blakbruker wrote: »

Reading that regulation it seems that the only provision is for anybody who has paid more than the basic rate be reimbursed the additional cost. Is that correct or can they be reported for breaching the regulation and suffer any consequences?

A sideshow issue, not something to distract you should a court claim be filed. You could build it in to a defence, but this isn't a showstopper.