PCN from A S Parking at Promenade Perranporth

Alpetrum

Hi everyone!

Thank you for putting the newbies FAQ together - I found it very helpful and, based on the steps outlined within it, I would like to double check with you all that I'm about to proceed in the best possible way. But first, here's what happened:

The driver parked and subsequently paid for a ticket at Promenade car park in Perranporth at 17:15 for one hour as the sign at the car park said that tickets issued after 6pm were valid until 8am the next morning.

The PCN was issued at 18:30 by Athens Security (IPC member) due to "not displaying a valid ticket for inspection (ticket expired)".

Does the driver have a leg to stand on? The sign felt purposefully misleading and the driver really wouldn't mind paying an extra £1 at the time, if needed.

Could you please confirm that the next steps are:

1) COMPLAIN (nicely) - to Perranporth tourist centre, Parish Council and Perranporth Gardens Charities (landowner of the car park), stating that the driver found the sign misleading and that the fine seems excessive for such a small infraction. State that the driver was visiting?

2) If the above fails, appeal to AS Parking on day 26 - use template provided.

3) Ignore letters - unless summons to court issued by AS - and keep all correspondence

4) Seek further advice if things escalate past #3?

Thank you in advance

KeithP

Yes, you seem to have this sussed.
Follow your planned course of action - assuming it was a windscreen ticket.

I do struggle to understand how you thought a one hour ticket bought at 17:15 would be valid beyond 18:15 though.

Redx

if you have read the threads here you would know that it was the DRIVER that parked on the day and that if anyone has a leg to stand on its the KEEPER of the vehicle who hasnt yet appealed nor have they received an NTK in the post either


so edit post #1 above, as the only 2 words are DRIVER & KEEPER, not "MY , ME , MYSELF & I" (those 4 words should never be posted on a public forum)


what the DRIVER did on the day appears to have breached the parking contract


a KEEPER may not be liable if the PPC fail POFA2012


a KEEPER may not be liable if the PPC has no landowner authority


a KEEPER may not be liable if the signage was misleading


only a judge can decide who is standing and who owes who what,


the PPC has 6 years to try an MCOL court claim

Alpetrum

Thanks for the replies!

I cannot seem to change the original post - will keep trying. Thanks for the heads up!

The sign listed that parking for one hour until 6pm was £1 and £1 for overnight stay after 6pm. The passenger of the vehicle interpreted this as one hour's parking would be sufficient and the driver never second guessed it.

Fruitcake

Alpetrum wrote: »

Thanks for the replies!

I cannot seem to change the original post - will keep trying. Thanks for the heads up!

The sign listed that parking for one hour until 6pm was £1 and £1 for overnight stay after 6pm. The passenger of the vehicle interpreted this as one hour's parking would be sufficient and the driver never second guessed it.

There should be an Edit button immediately underneath your post. It is imperative that you change your post to remove information about who did what.

From your first post, item 1 won't work as the Garden Charity doesn't care. See the Perranporth (Peranzabulo) Fakebook parking group for further info. It's nowt to do with the Council or Tourist Office, but won't hurt to tell them the parking scammers have driven you away and you won't be spending any money in the town as a result.

It is not a fine.

You say you have read the NEWBIES yet revealed the driver's identity, and you ask about ignoring, which has not been advised here since the law changed in 2012.

Item 2 from your post is your best option, followed by a PoPLA appeal if/when it is rejected.

KeithP

Alpetrum wrote: »

I cannot seem to change the original post - will keep trying.

Then stop using a mobile telephone. Others have reported this issue with such devices.

Alpetrum

Hi everyone!

The KEEPER received an NTK (Notice To Keeper) on Day 57, though it was dated as Day 54 since the PCN was issued. The KEEPER has kept all correspondence.

The notice is from an IPC company - AS Parking - and the KEEPER is unsure what steps to take next. Is this the 'second stage' appeal - IAS (Independent Appeal Service) and, if so, what is the best course of action?

Thanks in advance!

Umkomaas

Is this the 'second stage' appeal - IAS (Independent Appeal Service)

Yes

and, if so, what is the best course of action?

Avoid them like the plague - no positive outcome for you by appealing to them.

Just ignore anything further that comes you way, other than a Letter Before Claim/Action or real Court papers. Come back on this thread if you get either.

The_Deep

They seem to be right in that your ticket was issued before 6PM. However, I think that if they took this to court they would struggle to win, it is a trifling breach of contract, and the Law does not concern itself with trifles.

https://en.wikipedia.org/wiki/De_minimishttps://en.wikipedia.org/wiki/De_minimis


This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P.
for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

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 House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Coupon-mad

Is this the 'second stage' appeal - IAS (Independent Appeal Service) and, if so, what is the best course of action?

The NEWBIES thread post #3 tells you why not to try the IAS, and sit tight.

Alpetrum

Cheers, guys! I will bring this to the attention of my MP but otherwise sit tight.