Initial PCN - JD Parking Consultants

DorianWolf

Hi,

Thank you all in advance for any help offered to me as a Newbie regarding an appeal that I feel I should make and how to do it.

I have received a £60 Parking Charge Notice from PCS (BPA member) acting on behalf of JD Parking Consultants Ltd, in the post.

PCN Date of Issue - (removed as any hint to driver)
Date of Sending of this Notice - (removed as any hint to driver)
Reason for Issue - 4-Parked in a permit only parking area without clearly displaying a valid permit.

The information in the letter appears to be correct, although I did not receive a window sticker at the time of the incident and had no idea this PCN was due to me.

The “evidence photographs” on their website, apart from showing my registration plate and dashboard has a picture of the Private Land sign, which is blurred and illegible and impossible to make out on their photgraph. So I am still therefore completely unsure as to the parking restrictions and why I apparently broke them.

After reading the MSE thread I am going to appeal the charge using the “ONE SIZE FITS ALL” first appeal template that doesn’t say who was driving, via the PCS website online appeal. I am assuming that this will then be rejected and I will then receive a POPLA verification code?

Is this the correct course of action for me to take at this time?

Does anyone think I may have any grounds for a successful appeal, or will I just be forced to end up paying the full fine and further costs which may be added?

I am quite nervous of the process and the outcome from here, but I am keen to try and not to let these companies take my hard earned money.

Their letter is as follows –

"We are writing on behalf of the creditor in relation to a parking charge. Your details have either been received from the DVLA under a "reasonable cause" request as you were the registered keeper of the vehicle specified at the time of the parking incident shown, or you have been nominated as the hirer/driver of the vehicle at that time by the registered keeper. A parking Charge has been issued because the vehicle was parked in a manner where the driver attracted a parking charge as brought to the driver's attention via signage and agreed to by the driver when the vehicle was parked on land managed by our client JD Parking Consultants Ltd.

The parking charge was issued following the use of a warden operated camera system, which identified the parking incident detailed in this notice. Please note that the period of parking to the charge relates is the period immediately preceding the time of issue. The charge has not been paid in full at the date of issue of this letter and the driver has 14 days beginning on the day after this notice is given to pay the parking charge at the reduced rate of £60.00. If payment is not received within this period then the full charge of £100 is payable by the driver no later than 28 days from the date of this notice.

We now invite you or the driver (if different) to make payment of the parking charge shown, or if you were not the driver of the vehicle at the time of the incident to notify us in writing, acting on behalf of JD Parking Consultants Ltd, of the name and serviceable address of the driver so that we can contact them for payment. Please also pass this notice to him/her without delay. If we do not receive the name and address of the driver within 28 days beginning on the day after this notice is given then if the charge is still outstanding we will pass the case to a debt collector where further costs may be added.”

After reading the MSE thread I am going to appeal the charge using the “ONE SIZE FITS ALL” first appeal template that doesn’t say who was driving, via the PCS website online appeal. I am assuming that this will be rejected?

Castle

Edit your post to remove any hint of the driver.

Castle

DorianWolf wrote: »

Hi Castle, I removed the date of issue and date of notice, is that better?

I was referring to the mitigating circumstances paragraph!

fisherjim

DorianWolf wrote: »

Hi Castle, I removed the date of issue and date of notice, is that better?

No, Read it again!


Mitigating circumstance won't wash, concentrate more on signage etc.

DorianWolf

Done and removed, keen to get this right from the get go.

DorianWolf

It was very dark, with no visable signage. The evidence photographs of signage are blurred and illegible on their website.

Ralph-y

re read the newbies thread for examples of POPLA appeals ...


you will see lots of appeal reasons ....


use as many as you can find



its up to them to refute what you appeal , not you to prove them ...


Ralph:cool:

DorianWolf

Thanks you Ralph.

Are you suggesting I just add appeal reasons cherry picked from successful POPLA appeals, even if they’re incorrect?

Or should I try and find reasons that actually apply to my situation, if there are any that is?

Ralph-y

"Are you suggesting I just add appeal reasons cherry picked from successful POPLA appeals, even if they’re incorrect?"


how do you know if they are correct or not ?


do they have authority from the landlord ?


have they sent a compliant NTK ?


just noticed that its PCS who have written to you ...


if so then you should have noticed that the newbies thread says to ignore debt collectors ....



if this is correct then you have probably missed the appeals deadline ....



can you give dates and times ?


Ralph:cool:

Ralph-y

99% of newbies who come here for help and good people who expect companies to be the same .... #


sadly in the world of parking on private land ...


is a multitude of scammers ...


read / watch the below to see what MP's think





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:

DorianWolf

Hey Ralph.


"Are you suggesting I just add appeal reasons cherry picked from successful POPLA appeals, even if they’re incorrect?" - how do you know if they are correct or not ?

I meant, hot do I know if the successful POPLA appeals can be directly applied to my situation?

"do they have authority from the landlord ?" -I The signage states that payments/appeals are directed to PCS Ashton Under Lyme. And parking enforcement on this land is managed by JD Parking Consultants Ltd, Leeds. The landlord maybe Victoria Quays, but I cannot find any contact details for them to ask, if it is them?

Do you suggest I contact these people though, as I've read that it's best not to?

"Have they sent a compliant NTK?" - I've checked over the NTK (letter that I was sent) the wording, my name, address, details of incident etc seem correct. I'm worrying now whether I have grounds for appeal, or grounds to take it further than that.

"just noticed that its PCS who have written to you ..." - Yes, the letter states PCS in the top right corner, and on the payment slip. But the online payment facility says parkingcsl.co.uk so I'm not sure which it is.

"can you give dates and times ?" -

PCN date of issue: 08.10.2018 Time 10.10pm
Date of sending notice: 17.10.2018

At the moment the only thing I think I can go on is that the evidence photo on the csl website is out of focus.

Thank you for you help so far Ralph, or any other users that may be able to assist here.