Droskyn Hill Perranporth AS Parking Athens Security Service

adeyooo

Hello all, back again :money:


Just wanted to check,



Driver got a PCN from AS Parking/Athens Security for no ticket displayed;


Free parking after 6pm - had been observed 17:36-17:46


Newbies pages states:
DON'T POST IT BY ROYAL MAIL UNLESS YOU HAVE NO OTHER OPTION ON THE PCN.

However, this PPC is an IPC member so have waited for the NTK and this basically says:


No appeals accepted unless there are exceptional circumstances outside the appeal period and to respond in writing if so...


Should the driver post the appeal or do they have to appeal online/by email as it says it can be done on the PCN (but not the NTK)


Thank you all again,



*Also if anyone sees a legitimate way of appealing regarding the minimal time before free parking (if it exists) then that would be much appreciated :beer:

nosferatu1001

Why was the NtK waited for? Usual route is to appeal AS KEEPER so it arrives just within the NtD appeal deadline.

KeithP

No appeals accepted unless there are exceptional circumstances outside the appeal period and to respond in writing if so...

That is poorly written.

What they intended to say was that only in exceptional cases would they accept a late appeal, and a late appeal must be in writing to...

Coupon-mad

There is no legit way to appeal as there is no appeal. No need to stress about how to serve the dispute, who cares as long as you can show a Judge later!

The_Deep

No appeals accepted unless there are exceptional circumstances outside the appeal period and to respond in writing if so...

This does not mean what they think/hope it does and constitutes, imo, an unfair term in a consumer contract under the Consumer Rights Act

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

A judge might therefore dismiss the claim.

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.

adeyooo

IPC members are different:

In the case of CURRENT IPC AOS MEMBERS ONLY, we now advise to WAIT for a Notice to Keeper to arrive and then challenge once online or by email, as the KEEPER, not driver, using the template appeal for IPC members, as shown below.

Q -''Why wait for the 'NTK' to arrive a month later, after finding an IPC member windscreen PCN?''

A: Because there has been shown to be no appeal worth trying really, you will get a rejection anyway, so you may as well leave it and see if they issue a NTK and let them apply to the DVLA (unless yours is a company or lease car of course, in which case you MUST appeal at windscreen PCN stage as stated at the end of this thread). Also, letting an IPC member get the data from the DVLA places obligations upon the PPC in the processing of that data which can have data protection implications for them if they misuse it (for example if they try to 'sell' the parking charge to a third party like MIL Collections).




Just followed that - maybe confusion; it was a window pcn @nosferatu1001

adeyooo

in case it matters, the actual writing was:


At the time that the charge was incurred, a 'Notice to Driver' was affixed to the vehicle or handed to the driver. This offered the driver the ability to appeal within 21 days from its imposition. This opportunity has now lapsed and we regret the ability to appeal against this charge is no longer available.


If you consider there to be exceptional circumstances as to why you should be allowed to appeal outside of this period then you should send your reasons to us, in writing, at the address over.


Sorry, couldn't be bothered to write it all previously lol

The_Deep

So you have wasted our time because you could not be bothered. Thank you and goodbye.