Private PCN from PESS (Parking Enforcement & Security Services)

The_Deep

Nine times out of ten these tickets are scams and will fail in court so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

waamo

Appeal on multiple grounds. Make life difficult for them. If in doubt appeal on the point.

It is their job to prove their case. The burden of proof lies with them, not you. Innocent until proven guilty.

Asset the signage is too small. If it isn't then they can prove it. Assert the have no landowner contract. If they have one they can prove it. You get the idea.

If you can add meat to the bones so much the better. For example if you can show how they fail at POFA you will walk it.

Coupon-mad

You could always (in my experience over the years) tell if PCS were trying to issue a compliant NTK as they used to be blue, and headed Notice to Keeper, with the right words abut the keeper being liable.

In non-POFA cases it used to be a different colour font notice (headed up Notice to Owner), and just a threat of debt collectors where the POFA words were meant to be.

adamaxeman

Thank you everyone, this is all noted and really appreciated. Although I am in two minds about appealing to POPLA because of losing the £60 repayment offer, I feel these people are ripping people off and I'm fighting a good and just cause, so I'm going to go for it.

Here is my reasoning I am going to put into the appeal box on the POPLA site, I haven't posted it yet so if anyone can see any obvious flaws, please let me know.

Thanks again!

"My grounds for appeal against this PCN are based on three reasons.

1 - inadequate signage.

I was parking around the back of a charity shop for which I was dropping off a donation, I do not have a receipt to prove this as you are not issued with a receipt when making a donation.

There is no prominent signage when you pull into the area, and the signage they do have is next to CCTV / Security warnings and are not clear at all. The warning of £100 fine is also in very small font.

Please see attached for images of the signage, which is in an extremely small font and placed next to signage regarding CCTV. I was not able to see the wording on the signage at any point whilst parking and given I had used the same location to drop donations off previously, I didn't think I was in risk of infringing a contract.

2 - They have no landowner contract allowing them to enforce parking services in this area.

Without a landowner contract, they have no legal authority to issue a PCN.

3 - The signage states "parking within marked bays only".

As you can see from the attached images, there are no marked bays in the area I parked, which led me to believe I was not parking in a restricted area. "

Coupon-mad

Your POPLA appeal should be so long it would never fit in the appeal box.

DO NOT do such a brief POPLA appeal, this is nothing like the examples in the NEWBIES thread post #3, where it tells you how to submit a POPLA appeal and NOT by filling in just 2000 characters in some silly little POPLA appeal box.

Earlier you said this, so why did you then not use the templates?

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).

And why not this point? Are you saying the PCS NTK was fully compliant to the letter?

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

Redx

the appeal is UPLOADED as a final pdf after choosing OTHER on the popla site


nobody in their right mind fills in their various options and appeal box at popla

adamaxeman

Thanks for the advice all, I'm going to pay the fine as I don't have confidence in my ability to put together a decent enough appeal and I'd rather pay 60 than 100.

Thanks again.

Castle

adamaxeman wrote: »

Thanks for the advice all, I'm going to pay the fine as I don't have confidence in my ability to put together a decent enough appeal and I'd rather pay 60 than 100.

Thanks again.

Based on their reply in post no 7 you're too late to pay the £60.00 as they wanted it by the 15th of May.

Umkomaas

Castle wrote: »

Based on their reply in post no 7 you're too late to pay the £60.00 as they wanted it by the 15th of May.

If Castle is correct (and I have no reason to doubt), you’ll be in the worst of all positions.

You will have paid them £60, but they won’t be happy with that as you’ve missed their deadline, they will continue to pursue you mercilessly for the other £40, and you having already paid them £60, will have admitted culpability. That will be an extremely easy one for them to convince a Judge that you owe them not only £40 more, but also the £25 court filing fee, the £25 court hearing fee and the £50 solicitor fee (which every PPC adds to its claims).

This could potentially cost you £200.

adamaxeman

Thanks again all, the website showed outstanding amount was £60 today so I paid that. I then called and they verified the charge has been settled in full, so I'll count myself lucky (or unlucky) and never park anywhere that isn't a very obvious safe place to park in future.