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WIN! Unfair ticket - IAS - "Operator conceded due to mitigation"
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MudBarf
Posts: 6 Forumite
Hiya, MSE peeps.
Parking Control Management (UK) ltd vs disabled person parked in his own bay. What heroes these people are. They must sleep real well at night.
I'm a disabled person, living in a disabled adapted flat, with a dedicated parking bay that is part of my rental agreement with the landlord PA Housing.
I mention who my landlord is only because they were actually supportive of me. I have no criticism of them whatsoever.
So - I bought a car from a friend recently and a couple of days later it broke down on the M23. Being ill, and being late at night, I rang my brother who came to get me. Next day we went back first thing in the morning (around 8am) to go get the car, but Sussex police already had it dragged away.
Can't blame them for that, it's their job. I should've checked, but I was so ill that night, I didn't think.
Anyhew, a couple of days later, the car eventually got returned to me on the back of a recovery vehicle. They parked the vehicle in my bay, but no-one noticed that my parking permit had fallen into the passenger footwell.
Next day, there's a parking ticket on my windscreen. No problem, I thought - I'll just appeal it, they'll understand. I didn't read up on parking notice strategy on this website, I appealed straight away because I just assumed, like an idiot, that they would act like human beings.
Nope.
My appeal:
This vehicle broke down on the M23 and was impounded by the police on the 11th. I had to go with a recovery truck to pick it up the day before the penalty charge (the 12th). The invoice:
<web link to copy of Sussex Police impound invoice>
The parking permit fell into the passenger footwell, probably during the recovery, and I did not notice this until after I saw the parking ticket. I was very ill when I got back with the recovery vehicle and did not check the parking permit, I assumed it was still visible in the vehicle, as it was when I drove away to visit family a few days before.
I am a disabled person, and the disabled bay that the car was parked in is reserved for me.
My parking permit:
<link to copy of my valid parking permit>
Please understand that the parking permit was not on display purely because of the breakdown. I must guess that as the vehicle was pulled onto the recovery vehicle, the permit slipped off the dash. I found it in the passenger footwell.
Please could you show me some understanding and compassion and cancel the ticket. This has already cost me nearly £500, and the vehicle broke down again yesterday. I have no idea how much this terrible vehicle is going to end up costing me. I bought it on Sunday the 8th, so have only owned just over a week - and it's already stranded me twice.
I thought this would be the end of the story, because who in their right mind expects people to never make a mistake??? Their response:
Dear Mr ******
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 the vehicle was parked with no valid permit.
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.
Etc etc. I think you get the idea, I can't be bothered to type the rest, it's just a canned response anyway. I'd guess you have all seen it.
Sooooo... I asked my landlord to talk to them. They told me that they would ask Parking Control Management (UK) ltd to cancel the ticket, but asked me to go though the official appeals process first. Ok, fair enough.
So, my wife helped with my IAS appeal:
Dear sir/madam
My name is ******* ******. I am *****'s wife and have been his full time carer since 2017. ***** was awarded PIP and ESA support group for disability, as he has not been able to work for over 14 years.
My husband ***** ****** has asked me to represent him to you.
Since 2017 his health situation increasingly got worse and he suffers from: Non epileptic seizures (monitored by Neurologist), chronic fatigue, myocarditis and heart palpitations treated by Cardiac Clinic, sleep apnoea, 2 separate areas of spinal stenosis, memory loss, chronic widespread pain treated by the King's College Pain Clinic, chronic insomnia treated by Sleep Clinic, and depression. He is also a wheelchair user, provided buy the council, due to his pain, and was assigned by the council this flat adapted for his disability.
I had to go away from 3 December to 14 December to visit my father due to health issues (leukemia).
My husband purchased this vehicle from a friend on 8/12/19. It broke down on the 10th, the second time he used it, and due to his illness it ended up being towed by Sussex County Council.
The vehicle was then kept impounded until 12/12/19, when it was recovered by friends back to our home. My husband, ***** ******, did not drive the car, nor did he park it, he was too ill to do it. His mother drove him home. The men who moved the vehicle parked it, but ***** was not well enough to go and check if the parking note was displayed, due to his health and memory problems I always do this for him. And as I said, I was away. We do not know which of the men who recovered the vehicle was behind the wheel of the vehicle at the time it was parked as my husband was not present when they parked it.
The vehicle was parked in our reserved parking bay, which is paid for as part of our rent. ***** told Parking Control Management (uk) Ltd that the vehicle was recovered, but they have ignored the fact that my husband was not the driver at the time the vehicle was parked, and they are attempting to claim that he is liable for the parking ticket. I cannot see how he can be held liable for another person's mistake.
My husband is severely disabled. He has 2 cases of stenosis in his spine that have caused nerve damage that leave him in constant pain. As I stated, he suffers from seizures, depression, myocarditis (scarring of the heart) chronic fatigue syndrome, sleep apnoea, he is on heavy pain medication that affects his memory and concentration significantly.
It is unfair to penalise such a sick person for parking in his own parking space especially when I was away and could not help him. Even if he had been driving (which he was not), to punish him for forgetting to check his parking permit is discriminatory against him, as he has known and documented memory problems.
This is a case where the parking firm knows that the vehicle was parked in our own space, and they are clearly trying to profiteer from a severely disabled person who has already paid out nearly £400 because of the breakdown. And the car is still not working - it broke down again a few days later!!! Now they want to take money from him because of another person's mistake.
My husband is very, very ill. He is easily confused when he is very tired, and cannot remember details easily. He once forgot an entire medical trip we took to another country!!!
To penalise him for not checking his parking permit that day discriminates against him and his particular disabilities. A person with memory problems should have reasonable adjustments made to any policy of enforcement, as stated in the 2005 disabilities discrimination act.
Since the parking of our car in our parking bay caused no harm or financial loss to either the landlord, other tenants, nor did it harm Parking Management (UK) Ltd, I cannot see why they are pursuing this charge. Their role in the management of our parking space is to stop people who should not be parking in or blocking our bay, not to profiteer from us if someone makes a mistake. That is inhuman and unacceptable. We ask you to consider all the factors that contributed to this situation (my absence and the people who brought the car back and who parked it for him) and my husbands disabilities that led to this mistake.
The fact is that my husband did not park the car where it was found on the 13th. He should not be held liable for another person's actions. He has a valid parking permit. The bay in question is reserved for us, and paid for as part of our rent. PCM, PA Housing and the other tenants in the building did not experience any loss (financial or otherwise) or inconvenience due to the way the vehicle was parked.
-******* ****** (spouse) in behalf of ***** ******
We included the copies of the invoice from Sussex police, the parking badge, and a couple of dozen medical documents from various doctors (cardiologist, pain specialist, infectious diseases, etc etc). And I do mean a couple of dozen - the list of documents sent was *very* long.
Every few days I've checked the IAS website, and today (no email or anything, I found out by accident) the status of the case on the IAS website is now:
Operator Conceded
The Operator conceded this appeal due to Mitigation.
I went about things wrong, because I didn't research before I sent the first appeal. But I doubt anything I said in that appeal would have made any kind of difference. Pretty sure they just auto-deny appeals at that stage.
I'm not sure what made them give up. Perhaps the thought of having to go through dozens of medical documents was too much for the poor heroic penalty issuers. Perhaps they realised they don't need another ivory backscratcher. Perhaps they realised that as I had not at any point admitted to being the person who parked the car (I wasn't the person who parked the car, so why would I admit that?) they do not have a case, and would have to go after someone at the recovery firm. Who are probably experts in not saying who was driving at the time!
Anyhew, just wanted to share the story of how the world class heroes at Parking Control Management (UK) ltd tried to take money they were not entitled to from a disabled person, and lost.
Needed a win. Life's hard right now.
Parking Control Management (UK) ltd vs disabled person parked in his own bay. What heroes these people are. They must sleep real well at night.
I'm a disabled person, living in a disabled adapted flat, with a dedicated parking bay that is part of my rental agreement with the landlord PA Housing.
I mention who my landlord is only because they were actually supportive of me. I have no criticism of them whatsoever.
So - I bought a car from a friend recently and a couple of days later it broke down on the M23. Being ill, and being late at night, I rang my brother who came to get me. Next day we went back first thing in the morning (around 8am) to go get the car, but Sussex police already had it dragged away.
Can't blame them for that, it's their job. I should've checked, but I was so ill that night, I didn't think.
Anyhew, a couple of days later, the car eventually got returned to me on the back of a recovery vehicle. They parked the vehicle in my bay, but no-one noticed that my parking permit had fallen into the passenger footwell.
Next day, there's a parking ticket on my windscreen. No problem, I thought - I'll just appeal it, they'll understand. I didn't read up on parking notice strategy on this website, I appealed straight away because I just assumed, like an idiot, that they would act like human beings.
Nope.
My appeal:
This vehicle broke down on the M23 and was impounded by the police on the 11th. I had to go with a recovery truck to pick it up the day before the penalty charge (the 12th). The invoice:
<web link to copy of Sussex Police impound invoice>
The parking permit fell into the passenger footwell, probably during the recovery, and I did not notice this until after I saw the parking ticket. I was very ill when I got back with the recovery vehicle and did not check the parking permit, I assumed it was still visible in the vehicle, as it was when I drove away to visit family a few days before.
I am a disabled person, and the disabled bay that the car was parked in is reserved for me.
My parking permit:
<link to copy of my valid parking permit>
Please understand that the parking permit was not on display purely because of the breakdown. I must guess that as the vehicle was pulled onto the recovery vehicle, the permit slipped off the dash. I found it in the passenger footwell.
Please could you show me some understanding and compassion and cancel the ticket. This has already cost me nearly £500, and the vehicle broke down again yesterday. I have no idea how much this terrible vehicle is going to end up costing me. I bought it on Sunday the 8th, so have only owned just over a week - and it's already stranded me twice.
I thought this would be the end of the story, because who in their right mind expects people to never make a mistake??? Their response:
Dear Mr ******
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 the vehicle was parked with no valid permit.
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.
Etc etc. I think you get the idea, I can't be bothered to type the rest, it's just a canned response anyway. I'd guess you have all seen it.
Sooooo... I asked my landlord to talk to them. They told me that they would ask Parking Control Management (UK) ltd to cancel the ticket, but asked me to go though the official appeals process first. Ok, fair enough.
So, my wife helped with my IAS appeal:
Dear sir/madam
My name is ******* ******. I am *****'s wife and have been his full time carer since 2017. ***** was awarded PIP and ESA support group for disability, as he has not been able to work for over 14 years.
My husband ***** ****** has asked me to represent him to you.
Since 2017 his health situation increasingly got worse and he suffers from: Non epileptic seizures (monitored by Neurologist), chronic fatigue, myocarditis and heart palpitations treated by Cardiac Clinic, sleep apnoea, 2 separate areas of spinal stenosis, memory loss, chronic widespread pain treated by the King's College Pain Clinic, chronic insomnia treated by Sleep Clinic, and depression. He is also a wheelchair user, provided buy the council, due to his pain, and was assigned by the council this flat adapted for his disability.
I had to go away from 3 December to 14 December to visit my father due to health issues (leukemia).
My husband purchased this vehicle from a friend on 8/12/19. It broke down on the 10th, the second time he used it, and due to his illness it ended up being towed by Sussex County Council.
The vehicle was then kept impounded until 12/12/19, when it was recovered by friends back to our home. My husband, ***** ******, did not drive the car, nor did he park it, he was too ill to do it. His mother drove him home. The men who moved the vehicle parked it, but ***** was not well enough to go and check if the parking note was displayed, due to his health and memory problems I always do this for him. And as I said, I was away. We do not know which of the men who recovered the vehicle was behind the wheel of the vehicle at the time it was parked as my husband was not present when they parked it.
The vehicle was parked in our reserved parking bay, which is paid for as part of our rent. ***** told Parking Control Management (uk) Ltd that the vehicle was recovered, but they have ignored the fact that my husband was not the driver at the time the vehicle was parked, and they are attempting to claim that he is liable for the parking ticket. I cannot see how he can be held liable for another person's mistake.
My husband is severely disabled. He has 2 cases of stenosis in his spine that have caused nerve damage that leave him in constant pain. As I stated, he suffers from seizures, depression, myocarditis (scarring of the heart) chronic fatigue syndrome, sleep apnoea, he is on heavy pain medication that affects his memory and concentration significantly.
It is unfair to penalise such a sick person for parking in his own parking space especially when I was away and could not help him. Even if he had been driving (which he was not), to punish him for forgetting to check his parking permit is discriminatory against him, as he has known and documented memory problems.
This is a case where the parking firm knows that the vehicle was parked in our own space, and they are clearly trying to profiteer from a severely disabled person who has already paid out nearly £400 because of the breakdown. And the car is still not working - it broke down again a few days later!!! Now they want to take money from him because of another person's mistake.
My husband is very, very ill. He is easily confused when he is very tired, and cannot remember details easily. He once forgot an entire medical trip we took to another country!!!
To penalise him for not checking his parking permit that day discriminates against him and his particular disabilities. A person with memory problems should have reasonable adjustments made to any policy of enforcement, as stated in the 2005 disabilities discrimination act.
Since the parking of our car in our parking bay caused no harm or financial loss to either the landlord, other tenants, nor did it harm Parking Management (UK) Ltd, I cannot see why they are pursuing this charge. Their role in the management of our parking space is to stop people who should not be parking in or blocking our bay, not to profiteer from us if someone makes a mistake. That is inhuman and unacceptable. We ask you to consider all the factors that contributed to this situation (my absence and the people who brought the car back and who parked it for him) and my husbands disabilities that led to this mistake.
The fact is that my husband did not park the car where it was found on the 13th. He should not be held liable for another person's actions. He has a valid parking permit. The bay in question is reserved for us, and paid for as part of our rent. PCM, PA Housing and the other tenants in the building did not experience any loss (financial or otherwise) or inconvenience due to the way the vehicle was parked.
-******* ****** (spouse) in behalf of ***** ******
We included the copies of the invoice from Sussex police, the parking badge, and a couple of dozen medical documents from various doctors (cardiologist, pain specialist, infectious diseases, etc etc). And I do mean a couple of dozen - the list of documents sent was *very* long.
Every few days I've checked the IAS website, and today (no email or anything, I found out by accident) the status of the case on the IAS website is now:
Operator Conceded
The Operator conceded this appeal due to Mitigation.
I went about things wrong, because I didn't research before I sent the first appeal. But I doubt anything I said in that appeal would have made any kind of difference. Pretty sure they just auto-deny appeals at that stage.
I'm not sure what made them give up. Perhaps the thought of having to go through dozens of medical documents was too much for the poor heroic penalty issuers. Perhaps they realised they don't need another ivory backscratcher. Perhaps they realised that as I had not at any point admitted to being the person who parked the car (I wasn't the person who parked the car, so why would I admit that?) they do not have a case, and would have to go after someone at the recovery firm. Who are probably experts in not saying who was driving at the time!
Anyhew, just wanted to share the story of how the world class heroes at Parking Control Management (UK) ltd tried to take money they were not entitled to from a disabled person, and lost.
Needed a win. Life's hard right now.
0
Comments
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I bet Hurley sacks the assessor.0
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well done ... :j
It might be better if you get PA Housing to remove your space from the scammers control ..... because they will try it on again at dome point ...
Ralph:cool:0 -
Can you please buy me a lottery ticket?I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.0
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ashley_cohen wrote: »I bet Hurley sacks the assessor.
No, it's Davies that should sack Hurley ..... you know Davies, the guy behind the incompetent Gladstones ???
Hurley and the IPC/IAS lost Gladstones some business0 -
Officially, Davies sacked Hurley some years ago.
Which is interesting, because somewhere online is a costs schedule for a claim against Gladstones themselves, signed by Hurley AFTER the date the SRA think he left the company!
I'll try to find the link..0 -
ashley_cohen wrote: »Officially, Davies sacked Hurley some years ago.
Which is interesting, because somewhere online is a costs schedule for a claim against Gladstones themselves, signed by Hurley AFTER the date the SRA think he left the company!
I'll try to find the link..
NO ...... Davies and Hurley split because the Gladstones/IPC/IAS scam was exposed, mainly by The Parking Prankster0 -
-
well done ... :j
It might be better if you get PA Housing to remove your space from the scammers control ..... because they will try it on again at dome point ...
Ralph:cool:
I'm going to have a word with them, because I do have medical problems that result in memory issues. So the likelihood of another stupid ticket is fairly high.peter_the_piper wrote: »Can you please buy me a lottery ticket?
Still got a car on my hands that is next to worthless though, so do you really want some of what I've got going???
0 -
I'm a disabled person, living in a disabled adapted flat, with a dedicated parking bay that is part of my rental agreement with the landlord PA Housing.
You need to put it in writing, you and your wife, saying that you require that your bay is REMOVED from all enforcement, with immediate effect. And that any permit display is purely advisory for other residents to see that you are authorised, and not an obligation under any contract.I'm going to have a word with them,
Do not 'have a word'. No phone call, no asking nicely. Spell out what your needs are.
You need to cite the Equality Act 2010 in a written request, telling PA Housing what you require as a 'reasonable adjustment' (removing your bay, making it exempt from enforcement) and why.
Tell them you are aware this will mean they can't ticket anyone else's car who use your bay but that you prefer that, to the horrendous parking firm of ex-clampers who are infesting the site and ruining your peaceful enjoyment and rights in law.
Tell them about your memory problems and tell them that a parking firm sniffing around and picking on cars where a permit might fall down or be forgotten one day, are simply not compatible with your needs, and represent an unwarranted and harassing threat, contrary to the EA 2010.
Oh, and NEVER buy a car from a friend. A life lesson I learnt in my twenties but only because I bought a car that wasn't really suitable. I never had the issues & cost you had!
Have you told the friend what they have done and cost you? I would.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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