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Ruff-Diamond
Ruff-Diamond Posts: 14 Forumite
edited 22 August 2017 at 6:00PM in Parking tickets, fines & parking
Hi from a Newbie!

I have looked through the Newbie sticky and tried searching for a thread for this, but so many come up (300!) that I can't see the wood for the trees.

My question is - in respect of a charge issued by a private company, what are the grounds for appeal if a permit is issued, displayed on the car, then drops, or is blown, out of sight without the driver's knowledge?

In the case in point, the PCN describes the contravention as "no valid parking permit on visible display".
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  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    there are no "grounds for appeal" on the above "story"

    the grounds for appeal are the usual ones set out in the newbies sticky thread, these will include the following

    SIGNAGE
    AST agreement (primacy of contract)
    NO LANDHOLDER AUTHORITY
    NOT THE SAME AS BEAVIS
    POFA2012 failures or errors
    Code Of Practice errors or failures

    so look at recent 2017 appeals if you have a popla code (BPA members only) and draft a typical tenancy type of appeal where something similar has happened (or just not on display)

    and usually the "driver" would not be dealing with it, only the KEEPER deals with it , staying as KEEPER and never revealing who the driver may have been
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What is the name of the PPC please? This will determine which appeal template from the NEWBIES you should use to make the initial appeal, and also what to do next.
    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
  • Thanks - PCN issuer was P4Parking
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    BPA AOS member so follow the BPA advice in the NEWBIES sticky thread, post #2
  • Geoff1963
    Geoff1963 Posts: 1,088 Forumite
    "no valid parking permit on visible display"
    This is in any case easily fabricated by bad lighting or angle.

    So ignore that, and follow all the advice about other ways to challenge it. You don't get 10k "Thanks" by being often wrong.
  • Great - thanks for your help guys. I'll let you know how I get on.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    This outfit has form for telling huge whoppers in response to appeals so please keep us updated with any replies you get.
  • Half_way
    Half_way Posts: 7,476 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    why are you displaying a permit?
    is this a residential parking space or similar?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Hi Half Way.

    It was a temporary visitor's permit and the car was in a designated visitor's space within the development.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    What does the lease / AST / rental agreeemtn / whatever say about parking, access to communal spaces, right to quiet enjoyment, etc?
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