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Theias dispute appeal rejected
UMZLDN
Posts: 6 Forumite
Please can somebody provide me some guidance on an appeal I made to Parking control management UK LTD which was rejected. I have tried appealing via theias.org but my appeal has been rejected once again. I believe I am being treated unfairly and I have been issued a ticket despite being a legal owner my flat. On the day of the alleged 'breach' my permit was not displayed correctly on my windscreen. I am going through a very stressful period in my life at the moment due to an illness and family problems and this is really stressing me out.
I have all the correspondence I have had with the parking company and the ias.
I cannot find my lease to provide them with evidence and in all fairness I do not trust the IAS. please someone with legal knowledge help me.
Thank you for your correspondence regarding the above Parking Charge Notice (PCN). I have considered your case carefully and have decided to reject your appeal on the following grounds;
You parked in a manner whereby you agreed to pay a charge. The Parking Attendant recorded that you were parked without clearly displaying a valid permit at the time of enforcement.
Parking Control Management are contracted to manage the parking within this area and the Parking Charge Notice (PCN) has been issued in accordance with this parking management scheme. The signage in the area is clear and informs motorists of the restrictions the parking is managed under and that enforcement action will be taken for parking in this manner.
The restrictions require that a valid permit be displayed at all times, whether that is a PCM resident’s permit, visitors permit or pre arranged contractors permit/ exemption. The signage in the area states that vehicles must be parked fully displaying within the windscreen either a valid residen eprmit ot a valid 24 hour maximum stay scratchcard & parked wholly within the confines of a marked bay. Your vehicle has been photographed being parked without displaying a valid PCM permit.
I understand that you have recently moved in and it is not disputed that you are a permit-holder; however the contractual terms do not state that they apply only to non-permit-holders. Rather, they are applied universally. If no permit is displayed at the time of the contravention, one agrees to pay the stated charge. I understand that your permit had fallen; however, it is solely the responsibility of the driver to ensure their permit is and will remain clearly displayed before leaving the vehicle unattended. If the permit continues to slip from being affixed to the windscreen, I suggest you find an alternative method of securing it, such as a square permit holder
*******************************************************************
Good evening,
I am a legal owner of **********************************
I recently moved into my property and was given a single permit by the previous owners , with no supporting documents or guidance on how it is used.
I have not had any correspondence from our management company in regards to a PCM UK Ltd.
It is denied that I was in breach of any parking condition. My tenancy agreement permits the parking of my vehicle on this land.
There is an absolute entitlement to park deriving from the terms of the lease , which cannot be fettered by any alleged parking terms.
The lease terms provide the right to park a vehicle in the relevant allocated bay , without limitation as to type of vehicle , ownership of vehicle , the user of the vehicle or the requirement to display a parking permit. A copy of the lease will be provided to the court if this matter is pursued and all legal costs and compensation will be claimed from PMC UK Ltd.
PMC UK LTD signs cannot override the existing rights enjoyed by the residents and their visitors and that parking easements cannot retrospectively unilaterally be restricted where provided for within the lease. I will be relying on appeal of Jopson v Homeguard services ltd 2016 if this matter goes to court.
It is also denied that there was any agreement between myself or the driver of the vehicle and PMC UK LTD.
It is also denied that there was any obligation ( at all ) to display a permit.
PMC UK LTD are not the lawful occupier of the land. They have no right or authority to issue charges on this land.
They are not the landowner and have suffered no loss as a result of the vehicle being parked at the location.
There are no specific terms in the management contract or the lease to support any interest of PMC UK LTD in this land to bring an action on its own behalf.
IN PACE v Mr N 2016
In link parking V Ms C7GF50J7 2016
Above stated cases are from similar incidents.
Regards
******************************************************************************************************
Parking Control Management UK Ltd Case Summary –
The vehicle was parked in a manner that contravenes the terms and conditions for the use of the private land
on which it was photographed. These terms and conditions are clearly stipulated throughout the area and upon
review, the operator is confident that the Parking Charge Notice (PCN) was correctly issued, in line with these
signs. On this occasion, the vehicle was parked without fully displaying a valid permit within the windscreen.
The advertised contractual terms require a valid permit be displayed at all times and that this permit is
appropriate for the bay/area in which the vehicle was parked. This is clearly outlined by signage and the onus
is on the driver to ensure compliance with the terms. If a driver is unsure they should seek further advice or
refrain from parking. Signage advises that retrospective evidence of authority to park will not be accepted;
therefore claims or copies of permits provided at a later date cannot be considered.
It appears from the Appellant’s original appeal that the driver knew of the need to display a valid permit. Even if
the driver claimed that they were not aware of the need to fully display a valid permit, the signage is sufficient
to have brought the terms of parking to the driver’s attention.
Without concession, the appellant has not provided evidence of an unfettered right to park. It very well may be
the case that the appellant enjoys a contractual right to park as part of their tenancy but without seeing the full
documentation, it cannot be ascertained whether this right amounts to unrestricted permission. I would generally
comment that most lease documents and tenancy agreements provide provisions whereby the resident
authorises the management company to make decisions on behalf of and for the benefit of all residents. It is
contended that the implementation of parking enforcement falls under this.
The appellant has alleged that the operator does not have the required authority to operate on this site. The
charge arises from a contractual relationship, the terms of which are stipulated by the signs. It will be noted that
we, as the operator, are a principal (not an agent) in this contract. This site has been audited by the IPC and a
copy of the landowner’s authority has been provided to them as part of the audit process. However, whilst we
maintain that we do, in fact, have the authority of the landowner to operate upon this site (being the principal in
the contract); the existence of this document has no legal bearing on the contract with the motorist. See Vehicle
Control Services v HMRC [2013] EWCA Civ 186, para 22 per Lewison LJ.As this is a commercially sensitive
document, and is irrelevant to the issues at hand, this is not provided as evidence in this appeal.
The operator does not have to justify the loss incurred. The amount being sought by the operator was clearly
communicated to the appellant by way of the signage on the site. If the Appellant considered the charge to be
excessive, the Appellant had the choice to reject it by either not parking or parking in accordance with the terms.
Second, the amount being claimed is justified given the operator's running costs. It is also in line with industry
standards. For further guidance on this point the Appellant may wish to consider the judgment in ParkingEye
Limited and Barry Beavis [2015] EWCA Civ 402. The parking operator, with the permission of the landowner, is
entitled to make this offer to users of the land.
The terms of parking require that a valid parking permit be fully displayed. In this case it was not. It is the driver’s
responsibility to ensure that the permit is and will remain clearly visible in the windscreen before leaving the
vehicle unattended.
I have all the correspondence I have had with the parking company and the ias.
I cannot find my lease to provide them with evidence and in all fairness I do not trust the IAS. please someone with legal knowledge help me.
Thank you for your correspondence regarding the above Parking Charge Notice (PCN). I have considered your case carefully and have decided to reject your appeal on the following grounds;
You parked in a manner whereby you agreed to pay a charge. The Parking Attendant recorded that you were parked without clearly displaying a valid permit at the time of enforcement.
Parking Control Management are contracted to manage the parking within this area and the Parking Charge Notice (PCN) has been issued in accordance with this parking management scheme. The signage in the area is clear and informs motorists of the restrictions the parking is managed under and that enforcement action will be taken for parking in this manner.
The restrictions require that a valid permit be displayed at all times, whether that is a PCM resident’s permit, visitors permit or pre arranged contractors permit/ exemption. The signage in the area states that vehicles must be parked fully displaying within the windscreen either a valid residen eprmit ot a valid 24 hour maximum stay scratchcard & parked wholly within the confines of a marked bay. Your vehicle has been photographed being parked without displaying a valid PCM permit.
I understand that you have recently moved in and it is not disputed that you are a permit-holder; however the contractual terms do not state that they apply only to non-permit-holders. Rather, they are applied universally. If no permit is displayed at the time of the contravention, one agrees to pay the stated charge. I understand that your permit had fallen; however, it is solely the responsibility of the driver to ensure their permit is and will remain clearly displayed before leaving the vehicle unattended. If the permit continues to slip from being affixed to the windscreen, I suggest you find an alternative method of securing it, such as a square permit holder
*******************************************************************
Good evening,
I am a legal owner of **********************************
I recently moved into my property and was given a single permit by the previous owners , with no supporting documents or guidance on how it is used.
I have not had any correspondence from our management company in regards to a PCM UK Ltd.
It is denied that I was in breach of any parking condition. My tenancy agreement permits the parking of my vehicle on this land.
There is an absolute entitlement to park deriving from the terms of the lease , which cannot be fettered by any alleged parking terms.
The lease terms provide the right to park a vehicle in the relevant allocated bay , without limitation as to type of vehicle , ownership of vehicle , the user of the vehicle or the requirement to display a parking permit. A copy of the lease will be provided to the court if this matter is pursued and all legal costs and compensation will be claimed from PMC UK Ltd.
PMC UK LTD signs cannot override the existing rights enjoyed by the residents and their visitors and that parking easements cannot retrospectively unilaterally be restricted where provided for within the lease. I will be relying on appeal of Jopson v Homeguard services ltd 2016 if this matter goes to court.
It is also denied that there was any agreement between myself or the driver of the vehicle and PMC UK LTD.
It is also denied that there was any obligation ( at all ) to display a permit.
PMC UK LTD are not the lawful occupier of the land. They have no right or authority to issue charges on this land.
They are not the landowner and have suffered no loss as a result of the vehicle being parked at the location.
There are no specific terms in the management contract or the lease to support any interest of PMC UK LTD in this land to bring an action on its own behalf.
IN PACE v Mr N 2016
In link parking V Ms C7GF50J7 2016
Above stated cases are from similar incidents.
Regards
******************************************************************************************************
Parking Control Management UK Ltd Case Summary –
The vehicle was parked in a manner that contravenes the terms and conditions for the use of the private land
on which it was photographed. These terms and conditions are clearly stipulated throughout the area and upon
review, the operator is confident that the Parking Charge Notice (PCN) was correctly issued, in line with these
signs. On this occasion, the vehicle was parked without fully displaying a valid permit within the windscreen.
The advertised contractual terms require a valid permit be displayed at all times and that this permit is
appropriate for the bay/area in which the vehicle was parked. This is clearly outlined by signage and the onus
is on the driver to ensure compliance with the terms. If a driver is unsure they should seek further advice or
refrain from parking. Signage advises that retrospective evidence of authority to park will not be accepted;
therefore claims or copies of permits provided at a later date cannot be considered.
It appears from the Appellant’s original appeal that the driver knew of the need to display a valid permit. Even if
the driver claimed that they were not aware of the need to fully display a valid permit, the signage is sufficient
to have brought the terms of parking to the driver’s attention.
Without concession, the appellant has not provided evidence of an unfettered right to park. It very well may be
the case that the appellant enjoys a contractual right to park as part of their tenancy but without seeing the full
documentation, it cannot be ascertained whether this right amounts to unrestricted permission. I would generally
comment that most lease documents and tenancy agreements provide provisions whereby the resident
authorises the management company to make decisions on behalf of and for the benefit of all residents. It is
contended that the implementation of parking enforcement falls under this.
The appellant has alleged that the operator does not have the required authority to operate on this site. The
charge arises from a contractual relationship, the terms of which are stipulated by the signs. It will be noted that
we, as the operator, are a principal (not an agent) in this contract. This site has been audited by the IPC and a
copy of the landowner’s authority has been provided to them as part of the audit process. However, whilst we
maintain that we do, in fact, have the authority of the landowner to operate upon this site (being the principal in
the contract); the existence of this document has no legal bearing on the contract with the motorist. See Vehicle
Control Services v HMRC [2013] EWCA Civ 186, para 22 per Lewison LJ.As this is a commercially sensitive
document, and is irrelevant to the issues at hand, this is not provided as evidence in this appeal.
The operator does not have to justify the loss incurred. The amount being sought by the operator was clearly
communicated to the appellant by way of the signage on the site. If the Appellant considered the charge to be
excessive, the Appellant had the choice to reject it by either not parking or parking in accordance with the terms.
Second, the amount being claimed is justified given the operator's running costs. It is also in line with industry
standards. For further guidance on this point the Appellant may wish to consider the judgment in ParkingEye
Limited and Barry Beavis [2015] EWCA Civ 402. The parking operator, with the permission of the landowner, is
entitled to make this offer to users of the land.
The terms of parking require that a valid parking permit be fully displayed. In this case it was not. It is the driver’s
responsibility to ensure that the permit is and will remain clearly visible in the windscreen before leaving the
vehicle unattended.
0
Comments
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IAS appeals are a waste of time and effort. I do hope this wasn't the £15 one that you agree to be bound by?
If it wasn't all you can do is wait for the inevitable court claim. When you get one we can assist with a defence.0 -
Nothing more to be done now other than to wait patiently for either a Letter of Claim or official court correspondence to drop through your letter-box.
When that happens, react as described in post #2 of the NEWBIES thread, and post again on this thread if you still need help.
Meanwhile you need to ignore all the debt collectors letters - as discussed in post #4 of the NEWBIES thread.0 -
The NEWBIES thread tells people not to do this. What a waste of time IAS is.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thanks for your help and no I have not made any payments....
Would it be a problem and do I still have a chance of winning despite no mentions of parking restrictions on my lease? I recently purchased my flat and have had no letters from my Management company regarding parking restrictions. I was given a permit by previous owners and that is it0 -
Thank you. I will wait to hear from them and no this wasnt the £15..
My only worry is that I am not certain that my lease terms provide the right to park any vehicle etc and as far as I am aware there are no mentions of this on the lease. Would this be a problem at court as I have mentioned this in my appeal ?IAS appeals are a waste of time and effort. I do hope this wasn't the £15 one that you agree to be bound by?
If it wasn't all you can do is wait for the inevitable court claim. When you get one we can assist with a defence.0 -
My only worry is that I am not certain that my lease terms provide the right to park any vehicle etc
Why the uncertainly, surely you have a copy?
Have you read this?
https://parking-prankster.blogspot.com/2016/11/residential-parking.html
Do you own the land on which you parked? What goes your lease say about parking/parking permits? Exact wording please. Read and understand the concept of "Primacy of Contract", does it apply in your case?
[FONT=Times New Roman, serif]Nine times out of ten of these tickets are scams so consider complaining to your MP, it can cause the scammer extra work.
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.
[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]
Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]You never know how far you can go until you go too far.0 -
You really need to find your lease. Alternatively, who will have a copy? If necessary offer to pay for a copy to be made for you.
I don't have any knowledge of the ins & outs of residents' permits. I just know that I would want to have all my ducks in a row, especially as all this is going on at a particularly difficult time.0 -
I have located my lease and can confirm the following points
10. A right of way ( In common with all other persons entitled to the like right ) with or without motor vehicles over and along any accessways shown cross hatched on the plan and on foot only over and along any pathways shown hatched on the plan for the purpose of access to and use of the property and parking spaces subject to payment by the lessee of a due proportion of maintenance costs in connection therewith as hereinafter contained
11. The right in common with all others entitled thereto from time to time to park one domestic private motor vehicle only on the estate in any free parking space other than those specifically allocated or to be allocated.
From my understanding this confirms I , and all other owners in this development , have the right to use an available parking space , when necessary , as long as I have made my payment to the management company
I believe this is therefore a right under the lease , and cannot be argued...
Any thoughts please?0 -
Really sounds to me like it is your right ... but responding mainly to bump this up.0
-
We would agree and we hope a Judge would, too. Similar cases have been won.I believe this is therefore a right under the lease , and cannot be argued...
Any thoughts please?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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