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P4 Parking - appeal regarding failure to display parking permit

Ellie007
Posts: 181 Forumite


Posting on behalf of a friend. He failed to put his parking permit on display in his residential carpark. He received a windscreen ticket from the parking operator P4 Parking. Contravention is 'No valid parking permit on visible display'.
There are two signs up in the car park. One says that they 'may' issue a PCN in the event of contravention of the rules, the other one says 'will'. The first sign appears older than the second.
The 'parking regulation control document' which came with the permit refers to the 'permit which must be displayed clearly and prominently on the front windscreen of the parked vehicle at all times'. It then says that failure to meet the below stated conditions will result in the offending vehicle being charged and issued with a parking fine. One of the conditions is 'All residents must display their permit whilst parked in the respective bay'.
What is the process for appeal please? I know advice used to be to ignore, but no longer. Wait for NTK, or appeal now? And if appeal now, on what grounds?
Many thanks.
There are two signs up in the car park. One says that they 'may' issue a PCN in the event of contravention of the rules, the other one says 'will'. The first sign appears older than the second.
The 'parking regulation control document' which came with the permit refers to the 'permit which must be displayed clearly and prominently on the front windscreen of the parked vehicle at all times'. It then says that failure to meet the below stated conditions will result in the offending vehicle being charged and issued with a parking fine. One of the conditions is 'All residents must display their permit whilst parked in the respective bay'.
What is the process for appeal please? I know advice used to be to ignore, but no longer. Wait for NTK, or appeal now? And if appeal now, on what grounds?
Many thanks.
0
Comments
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all explained in the NEWBIES FAQ sticky thread near the top of this forum
please read it
and tell this person to check their lease or AST and see what it says (or does not say) about parking requirements
they should also complain to the MA and get it cancelled asap too0 -
P4 Parking are BPA members so appeal using blue template letter in NEWBIE sticky thread. When/How to appeal is also in the same thread.
Main reason is to get POPLA code for next stage of appeal.
Suggest you include a copy of your permit with the appeal.0 -
Many thanks. I did read the sticky, but got a little overwhelmed with all the information. There was a section about permit holders as well so wasn't sure which bit to concentrate on. So this one (just copied first bit)?
Dear Sirs
Re: PCN No. ....................
I challenge this 'PCN' as keeper of the car.
I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.
Should he mention that he is a permit holder and no loss has actually occurred?
And he should wait until day 26? I think he is worried as it says that it will go up after 14 days. He'll also write to the MA to see if he can get it revoked.
Sorry to be dim. Your help is much appreciated.
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all the above questions depend on if this person is appealing as a driver or as a keeper (2 different people for these purposes)
if appealing the windscreen ticket , then its done around day 26 and yes a copy of the permit can be attached to the appeal
this is assuming this person fails to get the MA to cancel it
the problem when people start writing is they can dob themselves in which is why any appeal should be carefully worded
the DRIVER may have messed up, but that does not mean the KEEPER is liable for the charge, not unless the PPC FULLY comply with POFA2012 and so successfully transfer liability
an MA cancellation is the best course of action, so 26 days from the incident to get the MA to cancel it , appeal if it does not happen , do not dob the driver in0
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