Advice over 2 PCN's on residential parking

JohnDunn

Hi all. I'd really appreciate some advice on some PCN's I recently received from One Parking Solutions. They are the private parking company managing the private parking area where I am currently renting.

On the first occasion I had forgotten to place my permit on the dash after a period of stress. The second I without realising had had the permit obscured under the tint on the bottom of my car's windscreen.

I am currently overseas and whilst stressed submitted what was a fairly week appeal to them. They have just rejected it.

I would really appreciate some advice on the following:

Should I try an appeal to POPLA for the first PCN?

Do I take a completely different approach to the second ticket?

I feel that they are honest errors and I am a permit holder as a resident. I also understand that I have made an error with the second issue, yet it seems quite unfair to be hit with two fines.

As to be expected I have now a period where each ticket is £60 prior to being £100.

Some further information - my car is leased so OPS where required to write to the owner, Arval, who sent them my details.

I can post links to any letters and correspondence.

Thank you in advance!

waamo

Appeal each ticket individually. Use the templates found in the thread at the top of the forum that tells Newbies to read it first.

JohnDunn

Thank you waamo. So I should proceed to POPLA with the first response and then commence an appeal again for the second?

Having read the newbies thread I couldn't decide if I had enough of a case?

waamo

The cases are decided on legal points. Read some of the examples on here. It isn't about right or wrong it's about technicalities.

Nearly ever parking company gets something wrong.

JohnDunn

(In addition, there was no ticket each time, just a yellow and black sticky ticket envelope.)

waamo

That's a regular trick. Before you send your appeal to POPLA post it here for review.

JohnDunn

I've realised that in my poor first appeal, I essentially revealed myself as driver.

It's also a residents parking area, which I have a permit for but the permit is in the landlords name. He's a friend so don't want to cause him hassle.

Bearing that in mind - am I best to just pay the £60 reduced rate?

JohnDunn

Additional information and some of the reason for my stress over not being sure how to proceed next - the permit is in my landlords name. He's renting to me direct without any contracts on a good rate.

The_Deep

He's renting to me direct without any contracts on a good rate.

Then he may well be breaking the law. Without a proper AST I do not see how you could win this, either at PoPLA or in court. I would advise you to pay them and ask that your tenancy be put on a legal footing.

JohnDunn

It's a close friend and a stop gap for a few months to help me out post divorce, so I am happy with the arrangement in the sense of the tenancy.

Bearing this in mind, is even a well written appeal to the PPC worth trying? Looking back it's clear why my first appeal got nowhere.

nosferatu1001

The Deep - if the landlord has permission to park vehicles granted already, they can without an AST grant that permission elsewher e- assuming it doesnt breach their own lease - no?
I dont see why it wouldnt be winnable

John - absolutely no chance a "well written" appela will do anything. As your reading around will have shown you, PPCs have zero incentive to accept appeals.

If your landlord can just show you their lease, or their rights to park, you might find they dont have to EER disply a permit, and the PPC is just trying it on.