Surely this is predatory ticketing?

Recneps7

Hi all, yes I am a newbie here and have been reading a lot of the posts but can't find many on circumstances similar to mine (excuse me if I have just been blind).

So I parked on the side of the road (no single or double yellows) thinking nothing of it, but yippee I got a ticket. There was a sign behind and above my car on a tiny bit of wall that comes out further than the fence to my right. (I will attach photos via links or however is possible). There are no marked bays by white lines and there is only one sign, so there was no way I could have seen this from in my car when approaching it (in the photo you can see I was coming from the direction where the sign is so it was behind me, and I was going into town which is the direction my car is facing). I will also attach another photo to show that the opposite side of the road also has no single or double yellows. It is supposedly permit holders only but is not clear at all to where this applies. The opposite side of the road always has cars and I have not seen any permits. Therefore, I think the sign applies to the 'lay-by' shape bit that I parked on but not the opposite side of the road. There is also a car park the opposite side of the building (pictured) which has the same sign but this actually has correctly marked bays and is obvious that it is restricted parking, whereas where I parked is not clear at all.

My law lecturer let me down and didn't help in the end so my appeal is not the strongest but my points on the lack of signage and predatory tactics using the IPC Codes of practise to back it up seemed legible in my eyes. I now realise that either way they would have just rejected it and I will attach a scan of their rejection letter to show how they really didn't acknowledge anything.

The sign and the letter admit that it is a contract but am I right in thinking that I can't use the predetermined estimate of loss argument anymore?

So, I just want some opinions, if possible, on whether I am right in thinking this is a ridiculous ticket and that there is a lack of signage and markings and this could amount to predatory tactics.

I have now seen that the IAS stage is pointless so I if you agree that I shouldn't have to pay this then I shall just stick it out until the small claims court letter arrives and pray that I can succeed with your help.

Ticket is from PCM.

Thank you in advance!

hxxps://ibb.co/DzyXMpP
hxxps://ibb.co/XbP1h2g
hxxps://ibb.co/XDTtCk7
hxxps://ibb.co/t8h8XFJ
hxxps://ibb.co/NyfGttM

waamo

Which ppc is this? You say they are an IAS one so as you gather a further appeal is likely futile. Some do court and some don't so knowing who it is would be useful.

As for the circumstances frankly they don't matter one iota at this stage. If it goes to court that's when they matter.

Recneps7

It is by PCM

waamo

IIRC they aren't wildly litigious. They have an occasional punt in court but not often.

Umkomaas

They are predatory - especially when they find a honey trap.

http://parking-prankster.blogspot.com/2015/05/is-it-pcm-uk-who-make-up-stuff-all-time.html

http://parking-prankster.blogspot.com/2016/12/heath-parade-graham-park-way-scam-site.html

http://parking-prankster.blogspot.com/2017/06/ccj-overturned-for-heath-parade-26th.html

http://parking-prankster.blogspot.com/2017/05/pcm-lose-heath-parade-claim.html

http://parking-prankster.blogspot.com/2017/07/gladstones-discontinue-heath-parade.html

MistyZ

Like Umkomaas says, the parking companies are predatory through and through.

I can just about do a POPLA appeal, but as the second stage appeal isn't worth it with IAS, in your shoes I'd looking into whether no GPEOL applies at all if this reaches the court stage and also whether there's any point now in concealing the identity of the driver by editing the original post. It's all there in the NEWBIES' thread / via a search of the site.

Sounds as if you are well-motivated and possibly well-qualified to get your teeth into this.

Computersaysno

All ticketing is predatory...sorry I meant to say 99.999999% of PPC tickets are predatory.


All PPCs are scum....sorry I meant to say 99.99999% of PPCs are scum.

fisherjim

Forget about GPEOL it's a no hoper, and "predatory tactics" wont fly in this case they are the hunter (it's what they do) and you were fair game.


To me signage should be the first thing on your list along with all the other tried and tested defences.


Don't get hung up about lack of help from your law lecturer, they don't all get private parking scams, read up on here and try again if needed.


It's a waiting game now for up to six years, maybe they will maybe they won't try court only they know that.

But ignore debt collectors as they are just like a silly fly buzzing you that dies after a while!

Recneps7

Well I decided to give the IAS appeal and I'm so glad I did. I just received an email from IAS stating that "Thank you for your appeal. Due to further information Parking Control Management (UK) Ltd has confirmed they will no longer be pursuing the matter and the parking charge has been cancelled".

Result! I will post my appeal In here when I get home incase it could be of use to others in the future.

Thanks for the help though everyone!

The_Deep

of course it is predatory, that is why there is a big to do in the House of Commons.

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

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 Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 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.

Umkomaas

Recneps7 wrote: »

Well I decided to give the IAS appeal and I'm so glad I did. I just received an email from IAS stating that "Thank you for your appeal. Due to further information Parking Control Management (UK) Ltd has confirmed they will no longer be pursuing the matter and the parking charge has been cancelled".

Result! I will post my appeal In here when I get home incase it could be of use to others in the future.

Thanks for the help though everyone!

Well done on beating this rubbish.

But you do realise that hardly anyone actually ever sees an IAS decision in their favour. The favourite trick is when they seem likely to have to find against one of their own (independent my Jim Royle), there's a quick phone call and lo and behold there's an equally swift withdrawal by the PPC.

Nevertheless you've got this out of your hair.

Would very much like to see the appeal you put in.