Query on next steps for PCN

ssm90

Hello guys,

I moved into a new address 2 months ago and on my first 2 days, I received 2 tickets in 2 days for parking in my own bay without a permit. (no one had mentioned I needed a permit, but I guess they dont care). At this point I had already contacted the operator within 2 hours of moving into the property and provided proof of address and paid fee for permit. They confirmed on the phone to me that the permit will be posted and that my bay will not be monitored for 7 days and that I was ALLOWED to park in my spot. NOTE: I asked for this confirmation by e-mail but the guy was rude and said it'll be fine and basically refused to send it via e-mail, so I have no written confirmation of this.

Timeline:
25 June
10:00 - Moved in
11:30 - Provided proof of address and paid
12:00 - Phone confirmation that bay wont be monitored
14:06 - Received PCN 1
16:09 - Appealed via e-mail as per operators instructions (I have proof of all appeals and timestamps in e-mail)
16:09 - Received response that they will get back to me in 14 days

26 June
20:06 - Received PCN 2

27 June
Rang operator, got through to same guy from previous days. I mentioned that he said I could park there and bay wouldn't be monitored as permit was in the post. He only had one response throughout 'Appeal it'. He refused to acknowledge that he basically said I could park there and then gave me a ticket...

30 June - Appealed PCN 2. Received response saying they will respond within 14 days.

LONG GAP WITH NOTHING HAPPENING

28th July - Letter through door for PCN 1 saying fine has now gone up to £100 as I never appealed and the time limit has expired. Even though I did appeal immediately and have proof.

I e-mailed them again with proof of my original appeal and haven't heard back yet.

LONG GAP WITH NOTHING HAPPENING

11 August - Appeal for PCN 2 Rejected. Told I can appeal it with IAS.

That brings me to today, apart from the phone conversation that I don't have a written record of, I have proof of everything else. Please tell me if I'm being stupid, but they said I could park somewhere and then they've fined me... I find that extremely infuriating. Had they said I couldn't park there until the permit arrives in the post, I would have found another place to park.

The company in question is Link Parking.

Please can you advise on next steps? Should I appeal the PCN 2 with the same timeline I've given you with the IAS? And what should I do for PCN 1? As they haven't responded yet.

Apologies for the lengthy e-mail, any help is appreciated!

Thanks in advance!

Quentin

Everyone is politely asked to read upon this in the Newbies FAQ thread before starting a new thread


Go there now to get an understanding of the game you are now caught up in


(Aquaint yourself also with the futility of appeals to IAS)


(Now keep on at the agent to get these cancelled)


With IPC companies you wait and see if they take legal action, (Link are known to try Court), and ignore their debt collectors!

ssm90

Apologies Quentin,

I have now read through all the information provided for the newbies.

From this, I can gather that I have messed up already by appealing to the operator with my own letter format and proof rather than using the template provided here. Especially as LinkParking is an IPC member and the advice here states to wait for Notice to Keeper to arrive but I appealed straight away hoping I could cancel it.

I have also read into the IAS and lack of success there so that doesn't give me a lot of hope, my case would have been a slam dunk had they provided confirmation of parking in writing instead of phone which they did not do.

So am I right in saying my option is to reject their appeal and wait till it gets to the court stage and then use the advice provided here? My only concern here is, according to parkingappeals.info, the risk profile for court appeals is quite high so these guys tend to chase up on all cases.

Or alternatively, as I never contacted the management company of the flat I am in, I can provide the same proof to them hoping they will use common sense to get the ticket cancelled.

What would you suggest? I think the approach would be contact management first and if it fails there, court stage. I have no proof of the phone conversation though so if it does go all the way to court will the cards be stacked against me?

Thank you.

NeilCr

When you say your own bay. Do you own your property and, if so, is the space mentioned in the paperwork (I.e your lease). If you are renting is there anything in your tenancy agreement about it?

Definitely worth contacting the Management Company or Managing Agent. You need to find out who the contract with Link is with - and on what authority it was introduced. It may well be the ManCo or MA has the power to cancel

Good luck!

ssm90

Hey NeilCr,

I own the property, its a flat within a block managed by a separate company that have employed LinkParking. The bay is marked with my flat number as well so there wasn't any issues there.

I'm just infuriated by the fact that they said I was okay to park there and then gave me a ticket anyway!

Quentin

ssm90 wrote: »

What would you suggest? I think the approach would be contact management first and if it fails there, court stage..

Do both.

Wait and see. ,(Just because they do court, doesn't mean that they do with everyone, nor that they always win!

Though do get on to whoever employs them and keep on at them to get these cancelled

NeilCr

ssm90 wrote: »

Hey NeilCr,

I own the property, its a flat within a block managed by a separate company that have employed LinkParking. The bay is marked with my flat number as well so there wasn't any issues there.

I'm just infuriated by the fact that they said I was okay to park there and then gave me a ticket anyway!

Is the bay mentioned in your lease?

And agree with Quentin. Do both. Someone employed the PPC - you need to find out who and why.

The_Deep

Why did you pay for a permit? Is the requirement to display a permit mentioned in the lease/AST? Read tese

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

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.

ssm90

Hi The Deep,

The signposts within the secured parking area for this block of flats have signs all over for requiring a permit.

However, and I am not sure if this will help me, the phone number on the sign posts provided actually no longer exist. I had to google the company and find a new number before contacting them for the permit.

I have now contacted the management company in the hopes that they will see common sense and cancel these 2 tickets. In the meantime, even though I know it is quite futile, should I appeal with the IAS? If the appeal fails will it withdraw my rights to get the ticket cancelled via the management company etc?

The_Deep

ssm90 wrote: »

Hi The Deep,

The signposts within the secured parking area for this block of flats have signs all over for requiring a permit.


Perhaps, but the T&C of your lease/AST take precedence over any sign erected by a scammer

If the appeal fails will it withdraw my rights to get the ticket cancelled via the management company etc?

I do not see why it should.

Umkomaas

Why would you appeal to the IAS when all the evidence suggests they will dismiss it (and you, in a very condescending manner).

What do you think this then gives the PPC? How about a document to wave before a judge showing that the industry's independent assessors have turned down your appeal, thereby strengthening their case against you.

This is not a time to panic and grab at any straw floating in the water. Do plenty of research.