Private parking appeal rejected

Peenutbutter

Hi, I'm hoping i can get some advice please.
I received a parking ticket from LDK for parking in their car park without a valid permit. A week later i received another ticket, however this was in the post rather than stuck on my car. Interestingly, the letter was issued the day after i disputed the first one (but was actually for parking on an earlier date)

I was actually parked on the road outside of the car park, half on a patch of dirt and half on the road. There were no road markings at all on the road. Across the road and on the railings of the care home car park that they are saying i was parked in was a notice stating they managed the car park and you needed a permit to park there, must park within white lines etc.

The car park entrance to the care home is approx 50m around a slight bend and down from where i was parked. I was not blocking anything and barely on the road.

Today they have rejected my appeal i put in yesterday.

this is the rejection letter;
Dear

Thank you for your email appeal regards to Parking Charge Notice (

I have considered evidence submitted in the appeal and evidence collected when PCN was issued. I regret to inform that your appeal been REJECTED.

Photographic evidence collected when this PCN was issued clearly shows your vehicle being parked without displaying a Valid Parking Permit.

Please note that by entering and parking in the car park, you accepted the prominently displayed Terms and Conditions of the car park,thus forming a contract with us as contracted Car Parking Management Operator. You also must accept liability for any PCN charges incurred from violating any of these Terms and Conditions.

Your vehicle violated the laid down Terms and Conditions for parking on site, therefore it is our view that the PCN was issued correctly,as observed.

You may view more photographic evidence or Pay the PCN by visiting https://www.ldkpay.co.uk and entering your PCN reference number and vehicle registration number. It is still the responsibility of the driver to ensure that they are parked in line with the terms and conditions.

A payment of £45.00 is to be received within 14 days after which charges will increase to £90.00.

Failure to comply will result in your details being passed on to Debt Collection Agents. We may also start court proceedings without further warning and extra cost will be incurred.

As we have now reached the end of our appeals process, please note that a firm of Solicitors has now been appointed to prosecute all outstanding PCNs. Files will be passed over without any more prior warnings.

Payment Methods:
• By Telephone: on 0845 3058122.
• When making payment please have the vehicle registration number and Parking Charge Notice number available and follow instructions.
• Online: 24 hours a day at https://www.ldkpay.co.uk
• By Post: Send a cheque made payable to LDK SECURITY GROUP LTD to LDK Payment Department, to address previously advised. Remember to write the Notice Number and Vehicle Registration on the back of your cheque and a stamped addressed envelope if you need a receipt.

If you believe your data has been used inappropriately, you can notify the Information Commissioner’s Office and/or the DVLA.

The Independent Appeals Service (https://www.theIAS.org) provides an Alternative Dispute Resolution scheme for disputes of this type. As you have complied with our internal appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service within 21 days of this Appeal Rejection email.

I dont know how to attach pictures to the post to show the evidence sorry , but am wondering if i should go ahead with an appeal to the IAS

Thanks

fisherjim

What did the newbies thread tell you to do on page one?

Edit your post now to remove all references to your details.

Debt collectors are powerless ignore them, an IAS appeal is a waste of time, but do ignore not any real court papers.

Fruitcake

As above, edit your post as a matter of urgency to remove all personal information. Someone with malice aforethought could wreak havoc with that information.

You should contact the council to find out who owns the road/land where the car was parked.

If it is a public place then you should complain to the DVLA with your proof that the scammers have obtained your personal data without valid cause.

In any case, you should also complain to your MP about this unregulated scam.

The_Deep

Complain to your MP.

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 become so widespread that MPs agreed to enact a Bill to regulate these scammers. Hopefully, this will become law by Easter .

Peenutbutter

I'm really sorry about leaving the details in, i just googled MSE parking and did a quick post (i cant do right for doing wrong the last few days it seems )

'm actually so stressed about all of this i'm just going to pay the fines i think sadly

Fruitcake

What fine? You have received a scam invoice form a bunch of scammers. Even out MPs recognise this is a scam and are pushing a new bill through parliament to stop them.
Why on earth would you want to contribute to such a scam?

You have been advised what to do. Spend a little time contacting the council and your MP. This doesn't stop you paying the scammers if you want to fund the scam. It's your money down the drain after all.

What happened when you complained to the landowner, if it is even owned by the care home?

Guys_Dad

Point 1. You need to see the photos they took. Download them and post them on here via tinypics. Zap out your car reg if you like.

Point 2. Whereas writing to your MP is great advice, it doesn't help you with this case. You need to determine (a) if they manage the area you were parked in and (b) what signage they have. Get the first point from your council.

If they do have predatory rights, then get photos of the signs, particularly in respect of where you parked.

waamo

Peenutbutter wrote: »

I'm really sorry about leaving the details in, i just googled MSE parking and did a quick post (i cant do right for doing wrong the last few days it seems )

'm actually so stressed about all of this i'm just going to pay the fines i think sadly

Chill out and don't rush into anything. As has been pointed out all debt collectors can do is send scary letters. Wait and see if you get a Letter Before Claim before you rush into anything.