Mitigating circumstances

diz574

I have just received a PCN from an IPC/AOS member. I entered the car park at 9:05 and attempted to send a text to arrange the parking fee but the phone signal wasn't good enough. Similarly, I was unable to access the company's website to pay. The signage gave a phone number for "Existing" customers to use which ruled me out. As I was late for a meeting I had to leave the car. As soon as I was able, 11:40, I connected to the company's website and made a payment for the whole day.
When I returned to the car at the end of the day there was a PCN on my windscreen.
I appealed giving proof of my attempt to text the payment but this was rejected.
Do I have any grounds for fighting this PCN?

Redx

Only in court, if the PPC issues proceedings via mcol within 6 years

For now, appeal the ntk as per the newbies sticky thread near the top of the forum

waamo

Which parking company is this?

diz574

Link Parking, Martock, Somerset

diz574

OK, NTK has arrived so proceeding as per the sticky.

The_Deep

if you have paid, and the money has been accepted, imo, if they took this to court they would be likely to struggle to prove breach of contract.

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

diz574

Right, first problem! I appealed to the original PCN thinking I was dealing with a reasonable and fair company. I now realize this was a false assumption.
Doesn't the fact that I appealed, even though it was rejected, make any statements that I am not at fault for the PCN to fall flat?
Hence, that makes the standard template letter impossible to use without any editing.

Redx

Most companies reject any and all appeals , regardless
It is thought that most do not read appeals
Parking prankster use to sway he was bitten by a radioactive spider

Link will never uphold any appeal

A PCN is an invoice , it never falls flat

Only a judge can decide if any money is owed and by who

Welcome to the corrupt industry of private parking

Why do you think there is a programme on TV every week called Parking Hell ?

Complain to your local MP , because until the MHCLG issue a mandatory Cop it won't change

foxy-stoat

Post up copy of the letter and take photos of the signage and see if you can appeal in another way, rather than the actual reason why you appealed, no phone signal and you were late for a meeting so didnt buy a ticket in the ticket machine.

fisherjim

foxy-stoat wrote: »

Post up copy of the letter and take photos of the signage and see if you can appeal in another way, rather than the actual reason why you appealed, no phone signal and you were late for a meeting so didnt buy a ticket in the ticket machine.

There is no other way Foxy that boat has sailed, and they are an IPC registered company no appeal will win.


If they go to court with this a judge might think different though.


The OP has found out the hard way; "I appealed to the original PCN thinking I was dealing with a reasonable and fair company".

diz574

So, does anyone have an opinion on what my next course of action should be?
As I see it I can either cough up the £100 with very bad grace or take some other action of which I currently know nothing!

Help please!