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Private PCN - Failure to Pay & Display

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Hello,

I post here as a last resort as I find myself spending way too much time researching the best course of action.
I have already sent a slightly edited appeal template from here to the car park company which they rejected but did not provide me with any of their signs and no means for me to upload photos in my defence (for lack of signage in parking bays)

On a Sunday I parked my car at a pay & display which is private (previously operated by council for short period) All other civil pay & display are free on Sunday's (ignorance is no defence I know)

I didn't notice their sign upon entry of the car park stating tariff fees, there are no visible ANPR camera's at the site, nor is this stated on their signage, it does have signs scattered around stating private land contract and tariff fee signs at the pay & display machines.

I was parked there for 30 mins - there were no visible signs in any of the bays on that row except a sign 4 bays away from where I had parked stating 'Blue badge holders must pay & display'.
I received a PCN for ANPR failure to pay & display for parking, demanding payment of £100 (£60 if paid within 14 days)
They seem quite keen for me to appeal to IAS - I get the feeling this is favouring the company by legitimising the ticket, but having said that they are not yet aware of my evidence.

I'm in two minds whether to appeal to IAS on the grounds of insufficient signage where I were parked with photos or just wait for a small claims court and argue my case here which obviously don’t want to go that far.

Interestingly there is an article in the Express and Star online regarding this car park being free on a Sunday in line with authority fees. So would this also go in my defence?

I really don’t know the best route to go in my case. I would greatly appreciate any pointers on this and be able to get rid of this unnecessary clutter out of my life.

Many Thanks and Apologies for the lengthy post!

Darren

Comments

  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    [FONT=Times New Roman, serif]This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences. [/FONT]

    [FONT=Times New Roman, serif]Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, who take hundreds of these cases to court, who have also been reported to the regulatory authority. [/FONT]

    [FONT=Times New Roman, serif]The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.[/FONT]

    [FONT=Times New Roman, serif]http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41[/FONT]

    [FONT=Times New Roman, serif]and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.[/FONT]
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 133,031 Forumite
    Name Dropper First Post Photogenic First Anniversary
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    I have already sent a slightly edited appeal template from here to the car park company which they rejected but did not provide me with any of their signs and no means for me to upload photos in my defence (for lack of signage in parking bays)
    Why are you asking about a defence, when you should be at POPLA stage if it's a BPA firm?

    Or it is IPC dross, with no fair appeal and a conflict of interests (as exposed in Parliament this month)? If so, then yes the newspaper article can be used in a defence if they try a small claim.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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