Ace Security Charge Notice

Untergang

Hello All I am a new member and hoping to get some advice and thoughts re this charge notice.

I received a parking charge notice this weekend whilst the car was unattended in a visitors bay in a residential estate in West London, I had broken down and pushed the car off the main road into this estate and then went back to my friend whose house I had just left to phone and wait for a mechanic.

A couple of things to consider, the car is my mothers (I was taking her to visit) so she is the registered keeper. Ace are a member of IPC so can get the keepers details and I really don't want her to start receiving demands for payment as she is elderly and isn't good with stress.

I plan to appeal directly to ACE as advised on their 'ticket' as I broke down and can provide proof of a call out to a local garage and receipt of work done and include my name and address to spare my mum the stress.

Has anyone had any joy in getting a charge cancelled on the grounds of a car being broken down and parked in a bay if they can provide proof i.e. breakdown receipt ...or is this likely to be rejected by them out of hand? I get the impression that any appeals are just filed in the bin?

Thanks in advance for any feedback you may have.

Le_Kirk

Untergang wrote: »

Has anyone had any joy in getting a charge cancelled on the grounds of a car being broken down and parked in a bay if they can provide proof i.e. breakdown receipt ...or is this likely to be rejected by them out of hand?.

Search the forum use - Search This Forum, advanced - change "show thread" to "show posts" and put search terms like "broken down" or "RAC" into the search box. There have been a few recently.

Untergang

Thank you will do

Coupon-mad

And only search this parking forum, not the whole of MSE.

Ace are a member of IPC so can get the keepers details and I really don't want her to start receiving demands for payment as she is elderly and isn't good with stress.

I plan to appeal directly to ACE as advised on their 'ticket' as I broke down and can provide proof of a call out to a local garage and receipt of work done and include my name and address to spare my mum the stress.

A good idea under the circumstances. Takes it away from Mum completely.

You do realise they will turn it down, and that IAS is USUALLY not worth trying...

...hmmm...yours might be worth a go, if you know if you lose at IAS, DO NOT PAY!

Someone appealing with proof of a broken down car could argue there was no contract, and show the IAS the evidence of breakdown, and see what old drivel they come out with! You never know, ACE might cancel when they see the prima facie breakdown evidence, if they think the IAS might accept it.

...and if not, so what, and it's good practice for your defence when they then get Gladstones to try a baseless doomed county court claim.

Untergang

Ok am back to the fight now have read up a little and would like to get some advice re the initial appeal direct to Ace (Pace).

I will email the appeal using the suggested 'Template appeal for BPA or IPC members' on the sticky.

Of course I will be sending in a scan / photo of the breakdown mechanics receipt... so is it worth trying a diplomatic try first, i.e. I took the car off the road due to it breaking down, this was an exceptional circumstance, I didn't enter into a contract with you etc etc... or both barrels using the template which doesn't hold back?

Additionally I also had a UK CPM valid parking permit which my friend assured me was valid for that estate, when she called the housing association it appears that ACE have taken over parking control from CPM but she was not informed. The housing association have advised that the appeal is made direct to ACE and then to refer back to the Housing Association if no luck and that they will 'try to help'.

Lastly I am not the keeper of the vehicle but was indeed the driver so if I don't want to admit liability how would i word this ..as a representative of the keeper?

Is it ok to communicate via email with them the template suggests rejecting this and supplying a postal address?

Thanks in advance for any insights and ideas.

Coupon-mad

I will email the appeal using the suggested 'Template appeal for BPA or IPC members' on the sticky.

Of course I will be sending in a scan / photo of the breakdown mechanics receipt... so is it worth trying a diplomatic try first, i.e. I took the car off the road due to it breaking down, this was an exceptional circumstance, I didn't enter into a contract with you etc etc... or both barrels using the template which doesn't hold back?

In your case I would NOT use the template.

Use your version, but appealing as registered keeper WITHOUT saying ''I'' (say 'the driver did this/that' instead).

And choose 'I prefer not to say' in the IAS dropdown appeal box when you get to that 2nd stage, because another poster has reported winning an IAS appeal when doing that, but losing an identically worded one where he blabbed about being the driver.

Reminding us all - this one is worth a punt at IAS due to the car breakdown evidence.

Untergang

Thank you Coupan-mad very much appreciated

Untergang

Hello, is this a suitable initial appeal?

Re PCN number: xxxx
Vehicle reg: xxxx xxx

I appeal and dispute your 'parking charge', as the keeper of the vehicle. I deny any liability.
There will be no admissions as to who was driving and no assumptions can be drawn, nor was there an agreed contract.

The driver of the vehicle had broken down and took steps to get the car off the road as quickly and safely as possible from xxxx road into xxxxx (****attached photos showing that there were zig zags along the road due to a zebra crossing and that the only safe option was to turn left into the parking controlled estate****)

The driver then returned to his hosts home to locate and contact a breakdown mechanic and await arrival of the breakdown service.

Please find attached a copy of the mechanics VAT invoice. (****attached scan of receipt****)

I contend that due to a mechanical breakdown the driver did not enter into a contractual agreement with Ace Security services Ltd trading as Pace.

My name

My address



Does it need more ... or less? Very disappointing to see on the IPC appeals website that mitigating circumstances make no difference to them, am hoping that a court would take a common sense view that this was not really a contract that the driver willingly entered into and would dismiss the case.

Coupon-mad

That'll do.

That is not mitigating circs. It will probably lose at IAS but worth a punt, with evidence of the breakdown, and choosing 'I prefer not to say' about the driver.

Untergang

Thank you once again C-M x

Untergang

Further developments which I thought may be worth posting here, wondering if a two pronged pincer movement may be of benefit.

Friend received a letter addressed to the occupier today from Remus Estate Management referring to a letter dated 6th August that she should have received by the 8th August (which she is unable to remember receiving, she admits she may well have disposed of it due to its being addressed to the occupier) ...stating as follows:

Dear Occupier

RE: XXXXX XXXX - Parking Enforcement

It has been brought to our attention that a number of residents permits have not had the allocated bay number written on, as per our letter dated 6th August 201. Please see below extract:

As of 19th August 2018, ACE Security Services, will be taking on the contract of parking enforcement at the development. Enclosed in this letter is a permit, we kindly request that you write your parking bay number below or next to "Only Valid in Bay Number".

For your convenience we have marked the top right of this letter with your parking bay number.
We kindly request as a matter of urgency that this is applied to the permit. If you have been issued a Charge Notice you will need to contact Ace Security, details on the charge notice, to discuss further.


So looks like they may have addressed the issue residents parking permits but what of the visitor permits as I was in fact in a visitors bay with the previous contractors permit affixed, no notification was received of the change and no alternative permits issued to residents either for their vehicles or for visitors and the only instruction being for residents to mark their permit with their bay number as advised in this letter.

So confuse and muddy the waters and then take advantage to rob people, is this worth addressing in my initial appeal?