PCS Next Step

Xyrus

Good afternoon,

After reading through the NEWBY thread, I cant really see a course of action and some help would be very much appreciated.

I work for a company who is in a shared building, ran by a property management company and has Parking Control Solutions Ltd managing the shared carpark. This carpark doesn’t appear to have any ANPR devices, it does not have a ticket issuing machine and our business has access to 5 of the numerous bays, but does have clear warning signage. I submitted my vehicle details (make model colour and reg number) prior to starting work which is how I guess they know who is entitled to park in the bays.

I received a letter from PCS on the 08/01/20 and it was dated 07/01/20.
The date of the alleged issued ticket was 30/11/19.

The letter starts of saying by saying “28 days have now lapsed since we last wrote to you” and its also states “The charge has not been paid despite numerous attempts to gain payment”

This however this is the first point at which I knew of this ticket, there was no windscreen ticket and there has been no letters previous to this received at my address.
I have spoken to work to see if they had updated my registration as I had recently changed my vehicle and they had done this in good time but I had realised (prior to the ticket being issued) that the reg I supplied had an incorrect digit. Unfortunately the change was not sent through to the property management company in time.

So far I have read through all of the FAQ’s and advice and I have got to the point of appealing online where I’m told that I’m outside of the 21 day window to appeal. I have leant on work and they are telling me that they cant do anything as they only deal with the property management and have no dealings with PCS.

Do I now just go ahead with a POPLA appeal?


Thanks

Le_Kirk

If the company cannot get it cancelled then you need to be working on the POPLA appeal. One of your points will be de minimis non curat lex (more useful in court but it means the court does not involve itself in trifles and an error of one digit is considered just that.) It has even been reported in BPA annual report and (I believe POPLA report) that PPCs should not penalise parkers for this simple error. Worth searching the forum for similar threads.

Coupon-mad

Hang on, the BPA just brought out a new CoP saying PPCs must cancel in these circs:

an error of one digit

Email the BPA and complain BEFORE trying POPLA:

gemma.d@britishparking.co.uk

I realise the scammers rejected the appeal before the new CoP dated 6.1.2020 but the BPA can hardly day their members knew nothing about these long-discussed changes! They have meetings, PPCs know this is changing.

It is pathetic not to cancel as per the new Code of Practice and to put someone through POPLA now...and look what PCS Ltd's website claims:

https://parkingcontrolsolutions.co.uk/

Parking Control Solutions enforce and collect all unpaid charges whilst acting under the British Parking Association and Driver Vehicle Licensing Association strict codes of practice.

Do they now?! There isn't even a DVLA CoP...so they are lying.

OK, so complain to Gemma Dorans at the BPA about this.

Xyrus

Hi again, 

so my POPLA appeal has sadly failed. Please see the extract from the email below 

 

 

You also felt the PCN should be withdrawn as per the British Parking Association Code of Practice, which states that simple keying errors – where one digit is entered incorrectly, should be cancelled. The changes to the Code of Practice described above apply to PCNs issued after 6 January 2020 – when this rule came into force. As the contravention occurred on 30 November 2019, the operator has done nothing wrong in pursuing the parking charge. 

So now I have actually received a letter from Debt Recovery Plus demanding the increased sum of £160. My question is, what is my next course of action. 

Thanks in advance

KeithP

But before you appealed to PoPLA, what was the result of your complaint to the BPA?