PCN appeal refused

Seetek

Hi, I come seeking advice but am aware that I shouldn’t personalise my issue as it may be monitored. Therefore I will add generic details and take advice on how to proceed.

I received a NTK regarding a PCN issued on a private housing site. The PCN arrived in time allowed. On checking the NTK it had the address wrong. I researched your site and wrote to appeal. The NTK states under ‘contesting this Parking Charge’ that they will reply within 14 days.

Much later than this I have been informed that my appeal has been considered despite being outside time limits but refused on a number of grounds.

I must now either pay or appeal to the IAS which I understand to be pointless.

I am told that if I did that their decision will be binding as I was out of time. Seems like fait accompli!

If I do nothing they will send the dogs round or go to court.

As I don’t want to go into greater detail how should I proceed?

Umkomaas

As I don’t want to go into greater detail how should I proceed?

Wait for court papers, then defend.

Have you complained to the landowner and asked them to intervene to get this cancelled? Often works - don't ask, don't get.

Whether this is more likely to end in a court claim depends very much on which PPC this is. Which one please (and no, exposing their name won't identify you!)? You're just one of over 5.5 million tickets issued this year, I don't think you're going to be easily spotted from that lot!

Coupon-mad

Same answer as here (below link), please tell me what I can change to stop these threads? It would help you to simply be confident (cases ARE won at court and there is NO RISK) and would help us not to have to keep repeating the same thing:

https://forums.moneysavingexpert.com/discussion/comment/74870976#Comment_74870976

I want all newbies to know the score and not keep asking for a next step.

If I do nothing they will send the dogs round or go to court.

NO they won't, there are no dogs. No-one comes knocking.

Seetek

Thanks it’s PPM and whilst I know you don’t like newbies posting their own cases, believe me it’s not easy sifting through all the posts to find wha5 you want. I have spent days reading them. I did see a step by step approach but couldn’t find i5 aga8n.

Your help and patienc3 is appr3ciated. I could share my appeal which I gleaned from these posts. Also their hilarious reply. I can’t give details because it would be obvious ��

I did write to the landowner as I said but they were totally unsympathetic. I had good reason to be there too. Again detail would expose me.

Am I right to think that if it went to court they have failed the POFA test by not giving exact location?

Also if I went to court and lost fees would be £3-400 max?

Redx

its better than there being nothing at all

no dogs will be coming round, not without a court order

a typical loss in court is £100 for the pcn and £75 in costs = £175 (for one parking charge (pcn))


here is a step by step approach for you

appeal the pcn

ignore the result (if its not cancelled)

do not bother with the IAS (waste of time and could work against you)

IGNORE the debt collector letters

rebut any LBC in writing

defend any court claim issued within 6 years


its that simple

Umkomaas

Parking & Property Management are quite litigious, so you should at least make some contingencies (reading up on the NEWBIES FAQ sticky, post #2 will help preparation) for having a court claim issued against you.

Am I right to think that if it went to court they have failed the POFA test by not giving exact location?

Depends on whether the driver has already been identified, if so, PoFA is out of the window. If not, this is a very marginal point, you'd need to have a very clued-up (on PoFA) Judge and you'd have to persuade him/her that a tiny loophole overrode all the other issues in the case.

It's best concentrating on other more arguable and stronger points, rather than seeking loopholes.

Seetek

Umkomaas wrote: »

Parking & Property Management are quite litigious, so you should at least make some contingencies (reading up on the NEWBIES FAQ sticky, post #2 will help preparation) for having a court claim issued against you.

Thanks will do.

Depends on whether the driver has already been identified, if so, PoFA is out of the window. If not, this is a very marginal point, you'd need to have a very clued-up (on PoFA) Judge and you'd have to persuade him/her that a tiny loophole overrode all the other issues in the case.

No driver ID'd so far but I did think the POFA point would be a winner. They replied saying the location could be one of 8!

It's best concentrating on other more arguable and stronger points, rather than seeking loopholes.

There is no street view available to check signage but I don't recall seeing any at the entrance to the site.

If the maximum award is not much more than what they want now then they can earn it.

Coupon-mad

Seetek wrote: »

If the maximum award is not much more than what they want now then they can earn it.

Good man/woman!

Quite right.

And we only see about 1% of defended cases lost here, since 2017 and that includes many hundreds of cases. Those who lose just pay the £175 odd and the scam is over, and you will have cost them a heck of a lot more!

No risk, no CCJ, nothing bad, as long as you don't ignore court papers, and as long as you update the scumbags if you change address (to avoid a sneaky CCJ to an old address that you find out about too late).

Seetek

Hello again guys. As you stated I now have a Letter of Claim. I have, having read multiple posts, drafted a SAR to PPM and will write to BWLegal requesting more info. Can you detail how to post letters etc. to check for accuracy?
Thanks in advance.

Coupon-mad

Just type or copy any drafts here, if you want us to check them.

The_Deep

The whole industry is a scam. A large proportion of claim which they take to court are won by the motorist if properly defended. The scammers rely on threats of court, and the public's ignorance of the Law, to bully them into paying up.

A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.