Mitigating factors when issued with PCN

toffee_paul

Hi,

I am writing this on behalf of my mum who has been issued with a PCN by ParkWatch (Defence Systems Ltd). The reason they have given is 'Not Parked Wholly Within Bay'. The charge is for £100 reduced to £60 if paid within 14 days. I don't think this charge is warranted because of what I believe are mitigating factors as well it being a disproportionate amount.

My mum parked at outside a shop on a retail park in order to purchase a dessert for her dying husband, my step-father, who is terminally ill in a hospice a couple of miles away. My question is, is it worth trying to fighting this charge by appealing and giving mitigating factors are the reason not to pay, considering the fragile mindset my mum is currently in? She is trying to come to terms with an extremely difficult and stressful situation and I don't want her to be burdened with this as her financial state of affairs is also very precarious at the moment. She has parked in this retail park hundreds of times before and never once parked outside of a marked bay. It is clear and obvious to us that this has happened due to her state of mind and wouldn't have happened otherwise.

I asked at the hospice if they could possibly intervene but unfortunately they are not able to as it effects my mum and not the patient in their care. They have advised that she make a GP appointment and he/she may be able to contact ParkWatch and request that the PCN is dropped and include the reasons I've mentioned above. Its very unlikely she will get a GP appt within the 5 or 6 days due to severe lack of available appts in our surgery so I don't think this is a realistic option.

Really hoping some of the community can advise me on what to do here. Many thanks in advance.

Umkomaas

No matter how compelling, mitigating circumstances have no effect on a hard-hearted money making automaton. Sorry to be harsh, but in terms of ParkWatch, appealing on any of the grounds you've listed is a complete waste of time.

They might work with the retail park owners/managing agents who will have the power to instruct PW to cancel the ticket - so exhaust that route first. But you do still need to appeal to PW before their 28-day deadline (if you've got some time left before it, see if you can get a response from the landowners/managing agents), but don't miss the PW deadline.

For the PW appeal, use the blue text appeal template from the NEWBIES FAQ sticky, post #1 to start the process off. We will help you with any onward journey beyond the two stages I've indicated above.

Remember - this is Mum's case, not yours. You can do all the work on it for her, but it must be done in her name and under her signature, otherwise there'll be a mess to try to untangle.

So sorry to hear about the very distressing circumstances your Mum is going through.

Quentin

They will continue to send her what will be upsetting letters

In the circumstances could she temporarily move in with you

ie. you write in her name with details of her new address so that you get the upsetting letters addressed to her at your house and you deal with this in her name

Alternatively in view of the circs could the family consider chipping in to get this killed off by paying it?

Fruitcake

Forget mitigating circumstances, they just don't work as far as money grabbing scammers are concerned.
The disproportionate amount is a dead duck as it was killed by the Beavis case in 2015.

As above, complain to the landowner, and appeal using the blue template from post 1 of the NEWBIES. Do this in the keeper's name and do not edit the template. The address for service can be yours. By law it just has to be somewhere that the keeper can conveniently be contacted, and doesn't have to be where they actually live.
Remember that it is perfectly normal for the keeper to be an occupant of the car. Nobody has the right to know or demand the driver's identity.

If/when it is rejected, read further on what to do next. Come back to this thread if you need further help.

Both you and the keeper should complain to your respective MPs about this unregulated scam.

The_Deep

Mitigation may well be effective in court, but not with a scammer. If you
want to put pressure on them to cancel get your mum's MP on board as nine times out of ten these tickets are scams. and these out of bay claims are often considered by judges as trifles.

https://en.wikipedia.org/wiki/De_minimis

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.

MistyZ

It would be a very hard-hearted landowner indeed who refused to get this PCN cancelled.

Request a brief letter from the GP confirming the very sad & stressful situation at the time and attach a copy to the landowner complaint. It's not nice having to do that but I think that if you do and if you identify the landowner correctly, then there's a good chance of making the PCN go away fairly quickly.

Coupon-mad

She has parked in this retail park hundreds of times before and never once parked outside of a marked bay. It is clear and obvious to us that this has happened due to her state of mind and wouldn't have happened otherwise.

State exactly that, to the Store Manager and separately, to the firm that run the retail park (Google it, look for articles about the place).

DO NOT state the above to the parking scammers, just wait to nearer the 28 day appeal limit and then if not sorted by the retail park Management, ONLY then submit online, the usual template appeal in the keeper's name (your Mum was the keeper, not your late father?).

You can provide your email address and YOUR postal address if it helps, to make sure the rejection letter comes to you by email or post). Do not say they are not her email or address, of course, just give them as HER current 'address for service'.