PCN - parking in my own space

nasescoba1985

Thank you, well I think the £100+ is worth the risk as I will win this

nasescoba1985

Hey guys ,


Well as expected IAS went in favour of the parking company. I won’t go into to much detail, but they basically stated the lease snippets I gave them as evidence of my right to park in my space was only part of the lease and they couldn’t be to sure it related to my property ... bla bla bla. They basically said UK CPM lawfully sanctioned the ticket and the result goes in their favour. Obviously they said I should either make the payment within 14 days or seek legal advice if I still feel it’s the wrong decision,

What to do now boys ?

nasescoba1985

Below is the dismissal if anyone wants to read. The Adjudicators comments are as follows:

"The Appellant should understand that the Adjudicator is not in a position to give legal advice to either of the parties but they are entitled to seek their own independent legal advice. The Adjudicator’s role is to consider whether or not the parking charge has a basis in law and was properly issued in the circumstances of each individual case. In all Appeals the Adjudicator is bound by the relevant law applicable at the time and is only able to consider legal challenges and not factual mistakes nor extenuating or mitigating circumstances. Throughout this appeal the Operator has had the opportunity consider all points raised and could have conceded the appeal at any stage. The Adjudicator who deals with this Appeal is legally qualified and each case is dealt with according to their understanding of the law as it applies and the legal principles involved. A decision by an Adjudicator is not legally binding on an Appellant who is entitled to seek their own legal advice if they so wish.

In all Appeals the burden of proof is the civil one whereby the party asserting a fact or submission has to establish that matter on the balance of probabilities. If the Parking Operator fails to establish that a Parking Charge Notice (PCN) was properly issued in accordance with the law then it is likely that an Appeal will be allowed. If the Parking Operator does establish that a Parking Charge Notice was properly and legally issued then the burden shifts to the Appellant to establish that the notice was improperly or unlawfully issued and if the Appellant proves those matters on the balance of probabilities then it is likely that the Appeal will be allowed. However the Appeal will be dismissed if the Appellant fails to establish those matters on the balance of probabilities. The responsibility is at all times on the parties to provide the Adjudicator with the evidential basis upon which to make a decision.

The terms of parking at the site are detailed on clear notice in the signs at the location. The signs state that "A valid UK CPM parking permit must be clearly displayed in the front windscreen at all times". The signs go on to state that by parking or remaining at this site otherwise than in accordance with the terms the driver agrees to pay a parking charge.

In this case it is maintained by the Appellant that the permit must have become dislodged so as to have made it impossible to read any key information from it. I am satisfied that the Appellant has the responsibility of ensuring that the permit is secured to the windscreen in such a way that it will remain in place and display all the key information to anybody wishing to check the parked vehicles. I am also satisfied that the signage made it clear to the Appellant that if the permit was not properly displayed a Parking Charge Notice would be issued.

The Appellant accepts knowledge of the terms and has previously accepted the terms by obtaining and displaying a permit. Therefore have accepted that they must display a permit in order to park at the location.

I have only been provided with certain parts of the Appellant's lease therefore I am unable to satisfy myself of the full terms of the lease. In fact I am unable to confirm that the lease applies to this property. The Property Information Form is entirely separate and only contains information as provided by a seller of a property.

I have considered all the issues raised by both parties in this Appeal and I am satisfied that the Parking Operator has established that the Parking Charge Notice was properly issued in accordance with the law and therefore this Appeal is dismissed.
"

KeithP

nasescoba1985 wrote: »

What to do now?

Prepare yourself for a deluge of debt collector's letters by reading post #4 of the NEWBIES FAQ sticky thread.

Coupon-mad

As expected.

Read threads about UKCPM court claims until your very own LBCCC from Gladstones arrives.

nasescoba1985

Ok guys,


Coupon , just a quickie. Have had a thorough look through my lease and nothing in my lease says the parking management company can make any changes to the common area, I.e parking company being implemented etc. Problem is my lease is the draft lease and is not dated. Obviously it has mine and my partners name on it. Will this be enough ? I just don’t want to go all the way to court and have my case thrown out because of my lease. I have the property information form which showed the parking management company sign and is m dated 2015 to say there is no restricted parking company on site. So that should go in my favour I hope.

Coupon-mad

No-one can tell you for sure that it 'will be enough', but almost all cases fought here, win. And you are well prepared, better than many, and you know what sort of thing this case will turn on, in terms of facts at a hearing.

nasescoba1985

@ coupon , great thanks. The easy option would be to pay, but I refuse to do it. I refuse to pay these scam artists money for parking in my designated space. I gave them the option and they were totally unfair in their dismissal of my reasoning for the permit falling off. I have spoken to the chairman of our residents association and he says he will be a witness and represent me in court if need be. I feel I have a good case but as you say, nothing is certain. So just ignore any letters from now ? Until I get the court letter from Gladstone’s?

nasescoba1985

Coupon, how do I find the UK CPM court claims please ? I have downloaded a few of the Link parking claims which relates to me, I.E own space parking charge

Coupon-mad

Advanced search of this forum for keywords, looks like this:

https://forums.moneysavingexpert.com/discussion/comment/73789280#Comment_73789280

'UKCPM defence'

or

'Gladstones UKCPM'

Shows you all the people ahead of you in this little game, and those who have already won (LOADS)!