NEWBIE Stage2 Appeal HELP REQUESTED! PCN

PhadMuscle

Hi there,

I have used the templates provided in the NEWBIES THREAD.

I had received a letter through the post for a parking fine due to not displaying a ticket/paying for a ticket (was a Sunday - was genuinely not aware and parked for an hour)

Anyway, I had sent the letter using the template to appeal this PCN.

I have received a response rejecting my appeal, what can i do now?

I have attached their response below.

THANK YOU IN ADVANCE!


We acknowledge receipt of your challenge to the above Parking Charge Notice (PCN). Despite careful consideration of the circumstances, we have unfortunately not found sufficient grounds to cancel the charge.

Whilst we understand your concern at receiving a Parking Charge Notice it is the motorist’s responsibility to ensure they are not contravening any regulations before leaving the vehicle.
On the day in question a valid Pay and Display ticket was not purchased when the contravention occurred. The signage at the aforementioned car park clearly states a valid Pay and Display ticket must be purchased showing the entire vehicle registration mark upon entry on to this land.

There are a number of signs throughout the car park which state that a valid ticket much be purchased at the time of entry. We note your comments with regards to signage, we must advise that as established members of the International Parking Community we adhere to their Code of Practice. The signage at the aforementioned car park complies with the recommended Code of Practice and is therefore deemed reasonable.

We note your comments in regards to the driver, please be advised that this PCN has been issued under the strict guidelines of POFA therefore the liability legally is held with the registered keeper, however you may choose if you wish to to name a driver if you wish to? We advise not copying wording from Internet sources if not relevant.

The appeal has been reviewed. The ANPR and Metric data (as applicable) have all been taken into account. Having considered the content of your appeal and unfortunately the PCN was issued correctly.

We operate under the code of practice for Parking Enforcement on private land and public car parks as issued by the International Parking Community (IPC) and our Parking Charge Notice’s are not deemed to be unfair at law.

We can confirm that the above Notice was issued in accordance with the appropriate regulations within the code of practice and is therefore a legally binding document and admissible as evidence should court proceedings commence. Full details of the International Parking Community can be obtained at ...

Whilst you may not of breached the Terms and Conditions of the car park intentionally, the fact remains that you were in contravention of them on the day question. We regret to disappoint you but the circumstances you provided us with give us no grounds to waive the Parking Charge Notice.

In order to settle the Parking Charge Notice at the discounted rate, the payment of £60.00 is to be received no later than 14 days after the date of this correspondence. If we do not receive the relevant payment within this time the discounted payment will no longer apply and the Parking Charge Notice will revert to £100.00 payable.

Payments can be made at LINK REMOVED alternatively 03330230086.

If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). In order to appeal, you will need your parking charge number, your vehicle registration and the date the charge was originally issued. Appeals must be submitted to the IAS within 21 days of the date of this letter. Please visit LINK REMOVED

Redx

PhadMuscle wrote: »

Hi there,

I have used the templates provided in the NEWBIES THREAD.

I had received a letter through the post for a parking fine due to not displaying a ticket/paying for a ticket (was a Sunday - was genuinely not aware and parked for an hour)

Anyway, I had sent the letter using the template to appeal this PCN.

I have received a response rejecting my appeal, what can i do now?

I have attached their response below.

THANK YOU IN ADVANCE!

nothing , there is no second stage

see the NEWBIES FAQ sticky thread, 3 threads down from the top of the forum, to see why

its up to 6 years of IGNORE now, unless they send an LBC or an MCOL, in which case, come back

beamerguy

The moment we see the IPC/IAS mentioned, we know
it's a scam.
The Gladstones invented IPC is the UK's biggest scam,
they support their scamming members

The next scam to arrive in the post will be from a retard
debt collector .... IGNORE IGNORE IGNORE

https://forums.moneysavingexpert.com/discussion/5859454/debt-collectors-drp-zzps-what-they-dont-want-you-to-know&highlight=debt+collectors+drp

Just wait to see what the PPC does and come back here

Umkomaas

No further action unless a LBC or MCOL Claim comes your way. Then defend it robustly.

Tell us which parking company and we can give you an idea how this might progress.

PhadMuscle

Hi guys,

thank you for the replies!


Appeals Department Bank Park Management - this is the parking company.

I want to confirm - do i now just ignore it with no response and action?

onlyfoolsandparking

YES!!!! ignore as you have already been advised. These PPC,s don't care whether you write to them once or a hundred times (as I have stupidly done in the past!!!)


This is the game your in now-6 years of waiting to see if they take you to court, some do some don't BUT the good news is they get beat in court regularly.

PhadMuscle

Thanks again guys. I HAVE read the links provided. Thank you again. I will keep you informed if I receive any of the above.

Just out of curiosity, If anyone does lose in court (to the parking scammers) - what is owed?

onlyfoolsandparking

PhadMuscle wrote: »

Thanks again guys. I HAVE read the links provided. Thank you again. I will keep you informed if I receive any of the above.

Just out of curiosity, If anyone does lose in court (to the parking scammers) - what is owed?

From what I've learnt on here its normally:


Original PCN £100
Court fee £25
Legal fees £50


and that's about it £175, they can add as much as they want on in fees etc but none of it is legally allowed in "small claims court" so it is not payable, they just love to frighten, harass and intimidate people into paying, unfortunately they are good at it and MANY pay!!!


But hopefully the tide is turning and their days are numbered.

B789

PhadMuscle wrote: »

Just out of curiosity, If anyone does lose in court (to the parking scammers) - what is owed?

Obviously a "glass half empty" person.

If you study this forum for long enough, you will realise that the vast majority of the time, assuming you carefully follow the advice given here, you will probably not get to court stage or, if you do, you will win. As it will be at small claims court level, should you be one of the very unfortunate few who lose their case, the maximum you will be liable for is the original £100 charge plus their court application fee and maybe, although not always, a cost order of £50.

Basically, you will be liable for up to £175-£200. That is only assuming you don't follow the advice given here. Realistically, you are more than likely to win should it ever get to court.

Now, just follow the good advice to ignore everything else they throw at you except a Letter Before Claim, only from the PPC or their solicitors, definitely not from any debt recovery company who have no authority whatsoever to take you to court on behalf of a PPC, or a LBCCA or MCOL.

Ralph-y

to better understand the nature of these scams ...



please wtch / read the below ...




https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

and slightly longer, the committee stage

https://www.parliamentlive.tv/Event/Index/d5550515-cce9-4185-83ec-754dadb7524a

''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.

and some quotes from the committe stage

"The other area is hospital parking, and I want to single out one company for some pretty shady practices. That is ParkingEye"
" is very clear to me that there is collusion between parking companies and solicitors’ firms—so-called roboclaims companies. "
"They are often set up adjacently and involve the same directors and personnel. Incidentally, the same personnel get involved in the so-called appeals bodies."
"Essentially, it is a money-making enterprise that takes advantage of motorists up and down the country. They operate in a very business-like fashion, which is why I call them roboclaims companies."
"The companies are jamming up parts of our legal system."
“I now pretty much know exactly how the parking companies and in particular the IPC have been running this scam for the past 5 years. Basically both of the appeals processes are a complete and utter sham, (and part of that sham is Gladstones Solicitors itself)”
"The appeals process at Excel/VCS is run by a team of minimum wage office workers with no legal knowledge or experience whatsoever,"
" It is claimed by the head of the appeals service (retired Judge Bryn Holloway) that this is a completely independent fair process, it is not”
"The letter mentions two individuals—Will Hurley and Bryn Holloway—and concludes this is a typical example of the clear collusion between the IPC, their members and the IAS"
"what we can do about roboclaims companies and solicitors firms that profit, often in shady ways"
" the very large amounts of money that can be involved in such scams—a company called Smart Parking was involved in one such scam on my patch"
"tightening up the rules regarding the unfair use of automatic number plate recognition" "BW Legal, regularly issues 10,000 county court judgments a month, and is known to have issued 28,000 in one month"
"They are jamming up our court system, and are often totally unjustified."
" because the lifeblood of trying to extort money from people is having access to their details."

All from Parking (Code of Practice) Bill (First sitting) Hansard




Ralph:cool:

PhadMuscle

Thank you again to everyone who took time to reply to me. Thanks again, very informative. Hope it helps others.

Thank you all!