Help - 3 PCN’s

safc2011

Apologies if your not meant to start a thread for things like this however I haven’t been able to find the answer elsewhere in the forum. So here’s what happened:

I have been issued with 3 PCN’s from UKCPS for parking in a disabled bay all within a week as I park in this small car park to get lunch when I’m at work and around that time it is always very busy therefore I park at the front in a disabled bay which isn’t very well marked and I’m only popping in for 5/10 minutes max. Anyway I have been issued with 3 NTK’s in the post around the same day so I didn’t know I had one until I had 3 and as these were mid December I put them to one side and forgot about them over Christmas and in the past private companies have eventually left me alone after ignoring them.

As I forgot about them over the Christmas period I have now received a notice that it has been 28 days since they sent the original NTK’s and outside the appeal window. So what do I do now? Ignore them or send them a letter?

I realise there are people with more important issues so any advice is appreciated! Thanks

Coupon-mad

Ignore them unless they try a small claim.

And get some photos if it's that badly marked in terms of lines & signs. They might improve the lines any day now, so get back on foot and take photos that will be damning, should they later try suing you, which I suspect they might.

Redx

personally , I would still appeal all 3 using the blue text template from the NEWBIES FAQ sticky thread, just so you can say they were appealed in the future, but you can ignore as its only a paper excercise anyway

even if you had appealed in time, UKCPS would have turned them down

after you have appealed all 3 , there is nothing you can do and UKCPS have 6 years to issue a court claim against you, for all 3

sao come back within 6 years for advice IF you receive either an LBC (LoC), or a court claim (MCOL) within that 6 years timeframe

safc2011

Great! Do you know what percentage of these they would take to court? Would it be more likely as there’s 3?

Coupon-mad

Yes it more likely and because it's a disabled bay, that would be hard to argue against unless your evidence you gather now, proves it's not visibly one at all.

safc2011

Even if it was just for 5/10 minutes and there isn’t any other spaces available? Can you not defend on saying you were the driver or the cost is not proportionate to the contravention?

Redx

they have a duty under the EA2010 to keep those spaces free for disabled people, there is no waiting time and you would be hard pressed to give any reasonable defence other than signage issues


the fact that it happened 3 times is in their favour and more likely that they issue a court claim within 6 years

safc2011

So should I appeal even though it’s late and pointless and then potentially reach some sort of settlement? Or ignore them until they issue anything further. What costs are usually involved in potentially losing a case like this?

Coupon-mad

Ignore them unless they try court.

Or appeal, nor saying who parked or any facts. That's why the NEWBIES thread has a template. They won't cancel but disputing it once (and NOT trying IAS!) is an option for people who can't comfortably do nothing.

Of course an able bodied driver with no disabled passenger, must NEVER park in a disabled bay, even if there are no spaces. Tough! Never park in a disabled bay unless you qualify for it, or a passenger does. Even for 5 minutes.

safc2011

I thin using the ‘tough don’t do it’ remark is a little extreme considering 95% of people trying to get help on here have committed some sort of contravention, is it not just ‘tough don’t do it’ for them. As I said I wouldn’t park there unless there was no other option and considering the law surround the minimum number of disabled spaces is baffling as they are always way overpopulated. The parking companies are a joke and to issue 3 without informing the keeper of the first one is quite frankly shambolic

Coupon-mad

I don't think it's extreme to tell you that if there are no free spaces, then tough, do not park in a disabled bay!

If you asked on any another chat board on MSE, or plenty on other sites, they'd tell you to pay and would have a real go at you. We don't, because the worst conduct is that operated by PPCs and we never want people to line their pockets.

However, there is no comparison with any other 'contravention'. Parking in a disabled bay is an absolute no-no for an able bodied person, so please in future, never do it again. Even for 5 minutes, it's selfish parking.