Residential parking fine, UKCPM

ledge97

Where do I stand with appealing a Parking Charge Notice (Private Ticket) ?

The Story: On the 05/12/2019 at 22:36 I was Issued a ticket for not displaying a permit. What happened was, the vehicle with the permit on had broken down and was eventually scrapped, so I was without a vehicle for a little while and forgot to take the permit with me. I then purchased a new vehicle, not realising I had no permit.

I was then issued a second ticket on 06/12/2019 at 22:45 for the same reason.
After being given the tickets I then purchased a new permit, along with a dispensation code to display until I had received the permit. This is a residential permit for an allocated bay of my own, marked with my flat number.

So I appealed the most recent ticket, which was then rejected by the parking company. I have now started an appeal with 'The Independent Appeal Service', and explained that it was a genuine mistake, and how it was unfair that I was given 2 tickets for the same reasons days apart. I attached documents of the scrappage, the breakdown report, proof of new permit and photographs of both tickets that I was issued, bearing in mind each ticket is £100.

The Parking firm then replied to my appeal saying that there was clear signage explaining the terms and conditions, including 'displaying a valid permit at all times'. They then said if I could not adhere to the terms an conditions, alternative parking off site must be found and by the appellant parking at the restricted area they have contractually agreed to pay the parking charge notice.

Today I received a formal demand for the first ticket, Which I referred to in my appeal, so I have appealed this ticket to the parking firm, explaining that I have referenced this ticket in my appeal with The 'Idependent appeal service'.

Now I have 2 options, option 1:submit my response along with any more evidence. Or option 2: refer the case straight to arbitration.

Ultimately I believe that this is unfair and I'm not prepared to pay the fines, but on the other hand I dont want to get a CCJ, so I was hoping I could get some advice on where I stand with this appeal and what the best thing to do is at this stage.

Coupon-mad

I have now started an appeal with 'The Independent Appeal Service',

Oh you didn't...OMG why? You needed to Google it first:

http://parking-prankster.blogspot.com/2016/01/is-independent-appeal-service-kangaroo.html

http://parking-prankster.blogspot.com/2017/11/ipc-kangaroo-court-strikes-again.html

https://forums.moneysavingexpert.com/discussion/5591040/ias-appeal-rejected

Now I have 2 options, option 1:submit my response along with any more evidence. Or option 2: refer the case straight to arbitration.

You are going to lose at this pointless stage so who cares, but I'd resubmit it with any old more evidence and keep winding the scammers up until you finally lose at IAS, inevitably.

What a complete and utter waste of your time.

Come back at court stage. We win these in court. Not IAS! It is biased; wise up!

Your first line of your post tells us you have read no UKCPM threads and haven't read the NEWBIES FAQS 'sticky' advice thread either. Put that right and prepare to win in court this year - a brilliant experience.

KeithP

OP, have you based your forum username on your real name?

If so, you would be well advised to get your forum username changed to something completely anonymous.

To do that, you might like to read this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules:

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A. In most circumstances, this is not permitted.

The only reason we will change your username is if it puts your privacy at risk. This usually means you've inadvertently registered using your name, email address or something that gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com and request that it is changed, giving three alternative usernames in order of preference.

ledge97

Thanks so much for the advice ! I will do my research in these threads. The only thing I'm worried about is receiving a ccj as I dont want it to effect my credit

KeithP

Cory_Liddell wrote: »

The only thing I'm worried about is receiving a ccj as I dont want it to effect my credit

The only way that could happen is if:

a) a court case is started, and

b) you lose that court case, and

c) you fail to pay what the Court orders in the timescale allowed.

You are in control. Stop worrying.

The_Deep

Read this

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]http://parking-prankster.blogspot.com/2016/11/residential-parking.html[/FONT][/FONT]

[FONT=Times New Roman, serif]what does your lease/AST say about parking? Does it mention the need to display a permit? If not then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.[/FONT]

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

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.[/FONT]

Fruitcake

As above, the most important aspects of this are what your lease/AST says and doesn't say about parking/permits/parking charges/court claims.

This will have primacy of contract over anything a third party scammer says.

What happened when you complained to the landowner/MA/whoever employed the scammers?

Have you complained to your MP yet about this unregulated scam?

Coupon-mad

You are not risking a CCJ even if you get a court claim, if you follow our advice.

ledge97

UPDATE ! So since the response from CPM through 'The IAS' I have now had a formal demand for the first ticket I received, bearing in mind I referred to receiving 2 tickets along with photo evidence, so I researched my rights and told them in my reply that they couldn't send me letters until a decision is made ! Quoting my harrasment rights etc.

I then complained to Mainstay, who look after the residential area, to which they emailed me saying they spoke to CPM. CPM said they would cancel the 1st ticket as a gesture of good will, and then said this...

'PCN Number.... was issued as the vehicle was parked without displaying a permit but for also parking directly in front of the doors. This vehicle keeper appealed the PCN which was rejected and now the vehicle keeper has appealed with the IAS. We cannot make any changes our end as this PCN is on hold as it is with the IAS. UKCPM must now comply with the IAS decision.'

After hearing this I chuckled to myself ! 'Also Parking in front of doors' it's my landlords garage which my parking space is situated in front of ! Not long after I received an email of CPM confirming that they would cancel the first notice as a gesture of good will.

My argument now is why justify the first ticket but not the 2nd ticket, being as though they are issued for the same reason. Also since when could I not park in front of my garage ! There are no signs suggesting this, and that's also where my permit says I have to park ��

Anyway thought I would keep everyone updated! Try not to laugh to hard !