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PPS PCN when parking in shared residential spot with valid Visitor permit

PhoKew
PhoKew Posts: 5 Forumite
edited 3 August 2019 at 5:37PM in Parking tickets, fines & parking
Hi,
Could someone can help, a PCN was put on a car despite it being parking with a valid Visitor permit.
It was a rented the property and the Tenancy Agreement mentioned nothing about parking, and can't get hold of the landlords lease as property is no longer being rented (and also there is a dispute over the deposit).
Resident permit and visitor paper permits were supplied. Property landlords explained cars could be parked in numbered parking spots on a first come first serve basis, but not lettered spots.
The car was parked in a numbered spot and had a valid visitor permit showing, however a PCN for "Unauthorised parking" by Private Parking Solutions (London) Ltd, was put onto the windscreen, no idea why, as the signage makes no mention of which bays to park in, or valid time periods, just that a valid permit must be displayed.
The ticket was give in mid June, and an NTK was received few weeks ago.

What should the defence be on appeal, the templates on the site don't seem to fit this case and can't see which bits to add or amend as nothing seems to apply exactly to this particular situation.
Given the date of the ticket action needs to be taken swiftlyl.

Could anyone assist please?

Many thanks,
PhoKew
«1

Comments

  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Have you read this?

    https://parking-prankster.blogspot.com/2016/11/residential-parking.htm

    I am confused, were you a visitor or a resident? If the latter, why did you display a visitor permit? Was a visitor permit valid where you parked?

    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, 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.
    You never know how far you can go until you go too far.
  • PhoKew
    PhoKew Posts: 5 Forumite
    Hi The Deep,

    Thanks for replying,
    A new car was bought which didn't yet have a Council permit for parking on the road yet, so it was parked in a visitor bay using the valid visitor permit.
    As far as I was told by my landlord it was valid in the bay, but I didn't see anything official and so can't be sure. The signs don't detail what the restrictions are only that a valid permit must be shown and must park within the bays ....no other details, so how can one know whether a vehicle is parked in contravention to this?

    I did find Parking Pranksters pages but couldn't see anything which matched this scenario exactly. Especially, as the lease can not be retrieved to check for parking clauses.
    Does anyone have a link to a useful template for Appeal, the one on the Sticky page didn't seem to fit, I was looking for examples too but couldn't find any ....

    Thanks
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Send the already written for you, one size fits all, blue text template appeal you appear to have found in post #1 of the NEWBIES thread.

    Send it unchanged - no additions or alterations needed.

    Send it as the keeper.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    You had better find out from the management company exactly what the "rules" were. In a numbered bay, you could have parked in somebody's paid for parking slot. Landlord's guidance could be wrong.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    A new car was bought which didn't yet have a Council permit for parking on the road yet, so it was parked in a visitor bay using the valid visitor permit.

    But surely a visitors permit is for visitors, landlords, plumbers, etc. Were you not a resident?
    You never know how far you can go until you go too far.
  • PhoKew
    PhoKew Posts: 5 Forumite
    edited 4 August 2019 at 10:26AM
    Yes, we were residents, would this have any bearing on the case? How would the ticketing officer know when they ticketed the car? Surely visitors would include friends who are visiting, not only workmen?
    If the "rules" aren't displayed, how are you supposed to know whether are in contravention of those rules? Shouldn't they be clearly displayed?
    Was told by one of the persons who decided on the parking rules that the permits we had could be parked in any numbered bay, spoke to one of the ticketing agents a day before who also confirmed this.

    Not sure who the management company are, as the property is no longer rented..

    The template seems to be more for infractions on public car parks, points regarding PDT? machines and VRN (Vehicle Recognition Number?) Maybe the point about overstay is applicable but there is nothing on the sign's T&Cs to indicate this.
    Also they already provided a close up on the sign.

    Many thanks for everyone's replies on this, much appreciated...
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 4 August 2019 at 10:29AM
    The template appeal is tried and tested

    Changing it not recommended

    Your choice of course

    Though you will already know that any appeal to an IPC company is futile

    So bang in the appeal then go into ignore mode

    See the newbies FAQ thread post #4 on the debt collection stage

    Ignore'everything except a lbcca or court correspondence

    If it comes to that then come back at that time for advice on how to defend this

    Find the managing agents and press them to cancel is your alternative at this stage
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Just by reading your posts and the way you are relying on 3rd party "advice" and not getting off your backside to find out who the actual landlords and management company is, I fear you are doomed to lose

    You need to put some effort in if you want to see this off.
  • PhoKew
    PhoKew Posts: 5 Forumite
    I have been searching these forums for weeks, all excellent stuff but the amount of information is vast and I've found it quite overwhelming.
    So, after not finding anything which seemed to fit my case exactly, combined with the fact I will probably receive zero help from my ex landlords/letting agent in getting the copies of their lease, I started a new thread for assistance as to what my next step in claiming should be.
    Please do not take this as my not putting effort in, it is very stressful, is all taking it's toll on me and I am close to caving in.

    It seems I should copy the template verbatim without changes, email it to PPS and then wait for the rejection?
    In the meantime I will contact the letting agent in the hope of finding out who the management company are to get the actual parking rules.
    However am I incorrect in thinking that these rules should be posted on their signage for this to be an actual parking contravention?

    Many thanks for everyones time and assistance.
  • Quentin
    Quentin Posts: 40,405 Forumite
    The faq does explain the futility of appeals to IPC companies!

    So apart from the complaint to the landowner/managing agent you do nothing but wait and see!

    So no point stressing!
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