Received fine in residential space

smittyjaja

This might be a bit confusing so please bare with me.

I live in a private residential complex that has parking spaces for residents, CPMS monitor this but only if the resident reports a car to concierge (someone parking in their space)

Recently I had some friends staying over and I asked another resident if I could use their spot, I have chats proving this and them allowing us to use their space, I also emailed concierge letting them know that we will be using another residents space along with the cars make and reg.

A few days pass and my friends receive a notice to keeper parking charge notice' for £100 (or £60 if paid within 14 days).

After some digging, it turns out the residents FLATMATE reported my friends car in their space to concierge who then reported it to CPMS.

My friends have put an appeal in, just wondering what the chances of success are?

In basic terms:
I have proof the resident allowed us to use the space
I have proof we told concierge that we would be using it

The issue was the resident did not tell their flatmate they let someone use the space.

Coupon-mad

My friends have put an appeal in, just wondering what the chances of success are?

Zero. They are in the IPC:

https://theipc.info/aos-members/c

...and the NEWBIES thread post #2 tells people not to rush to appeal to name the driver, not to reply to an IPC windscreen PCN and not to try IAS stage at all.

The friend will be able to win the case (99% likely) in court if they try, as long as the person who gave permission appears as a witness and as long as the person posts here - ONLY if they get a court claim.

The only easier avenue is to complain to the Managing Agents about the harassment and hope they will cancel it if the resident asks quickly. Some contracts allow for a few to be cancelled by the landowner each week.

Otherwise, tell them they WILL LOSE and shouldn't have rushed that appeal to a stupid IPC windscreen PCN and blabbed about who parked.

Don't ask them to post here at this nothing stage (waste of time).

DON'T give them the impression this is hopeless or that they should pay!

I said 99% likely to win because that is the true stat here on this forum for people who seek help with a claim, and defend it well and read the NEWBIES FAQS thread first.

smittyjaja

Coupon-mad wrote: »

...and the NEWBIES thread post #2 tells people not to rush to appeal to name the driver, not to reply to an IPC windscreen PCN and not to try IAS stage at all.

Wish we found this place first to be honest, now we know for the future, this is the first ever for them.

Just to add, it wasn't a windscreen PCN, they got it directly through the post and it already named the driver, does this matter??

Le_Kirk

How do they know who the driver was? They can only know the registered keeper from the DVLA records. The rest is surmise!

nosferatu1001

No, they didnt "name the driver". Thats crap.

WHat they did was write to the Keeper, as the DVLA obviously doesnt know who drove the car!

The_Deep

Nine times out of ten these tickets are scams 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.

smittyjaja

Shall we pay the fine then because it's hopeless?

The_Deep

smittyjaja wrote: »

Shall we pay the fine then because it's hopeless?

Did you not understand post 2?

It is not a fine, it is a private invoice issued by a scammer for the damage they allege they suffered when, allegedly, your friend broke an alleged contract. He/she should pay them not a penny unless a judge so orders. This, from what you have told us, would imo be most unlikely. Judges are well aware of these spurious claims, they deal with several a week.

smittyjaja

The_Deep wrote: »

Did you not understand post 2?

It is not a fine, it is a private invoice issued by a scammer for the damage they allege they suffered when, allegedly, your friend broke an alleged contract. He/she should pay them not a penny unless a judge so orders. This, from what you have told us, would imo be most unlikely. Judges are well aware of these spurious claims, they deal with several a week.

So where would this go, to court? What happens if they rejected the appeal?

The_Deep

So where would this go, to court? What happens if they rejected the appeal?

This is a self-help forum, please do some research.

All of this is covered in the stickies, other posts on this forum, and on peppipoo, CAG, parking cowboys, The Parking Prankster, the notomob, legal beagles and honest john, (to name but a few).

Garyswork2

The_Deep wrote: »

Did you not understand post 2?

It is not a fine, it is a private invoice issued by a scammer for the damage they allege they suffered when, allegedly, your friend broke an alleged contract. He/she should pay them not a penny unless a judge so orders. This, from what you have told us, would imo be most unlikely. Judges are well aware of these spurious claims, they deal with several a week.

I sort of get his point though as I've also just received an NTK after parking in a residents spot, but without their permission. I've not done anything with it yet but have read the threads and newbies. It does seem quite a chore to spend 6 months stressing for the sake of 60 quid though.