Private PCN from PESS (Parking Enforcement & Security Services)

adamaxeman

Hi Everyone,

I am hoping someone can help me with a PCN I received from PESS - company information on the attached picture of the ticket.

I would usually pay if I knew it was private land, but I honestly thought I was parking at the back of a charity shop I was dropping a bag of bits off to, I ended up staying for 16 minutes as I was looking through and buying more stuff in the charity shop - another story altogether...

My justification for wanting to object is that I feel the signage wasn't adequate, it is a black and white sign that is right next to an ADT sign so I simply didn't notice it. That and the fact I've parked here many times going back years when I've been popping into the same place and never had an issue.

Any advice would be super appreciated!

I am hoping I can post the images of the ticket and signs after posting this thread.

Thank you

twhitehousescat

england / wales or other location

adamaxeman

Apologies, Surbiton in Surrey - England.

Contravention - 10-Parking Land without Valid Permit

Location St Andrews Road.

twhitehousescat

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou

Coupon-mad

PESS are just another IPC firm aren't they? No POPLA then, no real 'appeal' possible. Same advice as any thread you find when you search for:

IPC IAS kangaroo court

Come back if they try a small claim but no worries, PESS are not known for them and I doubt they use the right POFA deadlines to hold the registered keeper liable.

I seem to recall they are so small they even get PCS to send their letters for them. Not a firm to pay or worry about - please read any other IPC thread!

No paying them please...obviously not.

adamaxeman

Hi Coupon Mad,

Thanks for the advice, I have sent the template that pops up under that search through to PESS. I won't send any payment and will update if and when they come back to me.

Thank you!

adamaxeman

Hi All,

I have received a response back from PESS, which seems to be PCS.

They included photographic evidence.

Thank you

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Thank you for your appeal regarding the above Parking Charge Notice (PCN).

I have carefully reviewed the case and considered the points that you raised in conjunction with the facts and evidence available to me. On this occasion, your appeal has been rejected as I am satisfied that this PCN was issued correctly. I have explained the reasoning behind this decision in more detail below.

My findings

St. Andrews Road is private land and is subject to a parking management scheme put in place by the operator at the landowner’s request. There are specific terms and conditions in place as part of this scheme, which are displayed on the signs in place at the site. These signs have been installed in clear and prominent positions.

At this location, parking is only permitted for valid permit holders with their permit on display.

On 25/04/2019, the vehicle was parked without a valid permit on display. This was a breach of the terms and conditions and the PCN was correctly and legitimately issued as a result. Please find the photographic evidence attached, as requested.

Ultimately, it is the responsibility of the motorist to ensure that they seek out, read and comply with the terms and conditions of parking that are in place. By parking on site in breach of these terms and conditions, it has been agreed that the charge detailed on the signs will be paid.

I appreciate that this may not be the desired outcome, however, you have now reached the end of our internal appeal process. The three options available are listed below:

Your options

1) Pay the PCN at the reduced amount of £60.00 by 15/05/2019. After this time the opportunity to pay at the reduced amount will no longer be available and the amount outstanding will rise to the full amount of £100.00. This will need to be paid by 29/05/2019. Payment can be made online or by phone. Go to or phone 0208 528 4122. You can find full details of how to pay on the PCN issued to the vehicle and/or on the letter(s) sent, if applicable.

2) Make an appeal to POPLA (the Independent Appeals Service) online at using the verification code at the top of this response. The only grounds for making an appeal are stated on the website and the appeal must be received by POPLA within 28 days of the date of this response. If you are unable to submit your appeal online, we can provide you with a form to submit your appeal by post.

If you appeal to POPLA, we will suspend recovery activity on the PCN. The charge will not increase further until the appeal outcome has been determined. Please note that if you opt to appeal to POPLA and the appeal is unsuccessful you will only be able to settle the PCN at the full amount. The opportunity to pay at the reduced amount will no longer be available.

If you choose to pay the PCN you will not be able to appeal to POPLA.

3) If you do not make payment or submit an appeal to POPLA within the relevant timeframe, the outstanding PCN may be passed to an appointed debt collection agency for further action. All costs associated with this process will be added to the full PCN amount.

More Information

By law we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such, should you wish to appeal then you must do so to POPLA, as explained above.

Kind Regards

Coupon-mad

PESS, which seems to be PCS.

They are not.

PCS is a debt collector (Debt Recovery Plus) who do back office 'work' for PESS (parking firm who can't seem to manage letters themselves!).

Clearly you will now read about POPLA in the NEWBIES thread & show us yours!

KeithP

adamaxeman, you would be wise to remove identifying information from your most recent post. Things like PoPla code and PCN number uniquely identify you.

The parking companies trawl this forum just waiting for people to trip themselves up and can try and use your posts against you.

adamaxeman

Hi KeithP, thanks for the heads up - I have removed now.

I have read the thread about POPLA appeals and I am unsure whether to appeal on the grounds of inadequate signage (the sign isn't what I would say is prominent and the £100 fine is in very small writing).

Or whether I should appeal on the grounds that they do not have proof I was the driver.

I have the templates for both and feel I am able to put together a strong defence, but if anyone could give any pointers on which route would be more successful, I would be really grateful.

Thank you.

Umkomaas

adamaxeman wrote: »

Hi KeithP, thanks for the heads up - I have removed now.

I have read the thread about POPLA appeals and I am unsure whether to appeal on the grounds of inadequate signage (the sign isn't what I would say is prominent and the £100 fine is in very small writing).

Or whether I should appeal on the grounds that they do not have proof I was the driver.

I have the templates for both and feel I am able to put together a strong defence, but if anyone could give any pointers on which route would be more successful, I would be really grateful.

Thank you.

Signage is one of your key POPLA appeal points.

Proof of who the driver was isn’t necessary if they have met the strict requirements of the Protection of Freedoms Act 2012 (Schedule 4) which will enable them to transfer liability to the keeper. Does the NtK you’ve received meet those essential requirements?