Park Direct UK - PCN

zoss

Hi all,

I know about the "Newbie" chain and read it all up but I want to ask you for advice prior to appealing this as I have never appealed anything before.

A driver was driving my car and upon visiting my mother, parked at her complex. You see the complex has very few parking spots which easily get filled up and everyone receives PCNs from Direct Parking UK daily. In one week, I paid for 4 of my mother's tickets as she does not have a lot of money and the situation is a !!!! show.

NOW, I want to appeal this ticket as I genuinly do not believe the driver was in the wrong. So let me explain what the situation looks like, I am not sure if I should upload pictures I have taken from the area but here goes nothing:

The complex has very few parking spots, at the back of one fo the buildings there are some parking spots and double yellow lines marked on all the sides of the road. Now at the back there is this one piece of "land" that is by a kerb, marked with no lines or boxes or anything, but it can spot two 4 by 4 large cars, it is not in the way of anyone, not in someone's garden. There is NO SIGN even that states "do not park here" so the driver parked there and went to visit my ill mother but upon returning found the beautiful gift of a £60 PCN which is for 14 days and then increasing to 100 with code 26 (shall be used for vehicles seen to be parked in a position which is not close to the edge of the carriageway and not within a marked-out parking space.)

As stated I always pay when I believe the mistake has been mine or whoever has been borrowing my car, but in this instance I do not believe the driver was in the wrong.

Fruitcake

I have no idea why anyone would pay a bunch of scammers let alone think about paying them.

Pease confirm the full and correct name of the PPC as I have not been able to find it in either of the ATA lists.

If the PPC is an ATA member and the PCN has not yet been appealed then do so, even if it is late. Use the template in blue text from post 1 of the NEWBIES and send it unaltered from the keeper.

If they are not an ATA member then do not contact them.

Your post above repeatedly hints at the driver's identity. If it was the driver's Mum who was being visited, then use those exact words.

If the place where the vehicle was parked is part of the residential area being visited, what does the resident's lease/AST say about parking/parking permits/issuing charges/court claims? Just as importantly, what doesn't it say about this?

Get pics of the site and signage.

Complain to the landowner.

Complain to your MP about this unregulated scam.

Don't pay scammers!

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 mother's 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 her lawful right to “quiet enjoyment” of her 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]

zoss

Thank you for your replies and for pointing out the flaw in the driver's identity. I must say though that my mother's tenancy agreement (she is renting) states that the residents shall display a residence only (show and display) BUT note that the area is new built and thus no one has so far been able to apply for residence permit as the postcode does not exist still. So they have not sorted this issue out (my mother has lived here since November). And we have contacted the MP several times as many of the residents here are from lower income and some are even renting the flats as they are "council houses" whilst others have purchased them privately.

One of our neighbours who is a private owner told my mother that she is the one calling Direct Parking UK to come and fine everyone else who is not parking appropriately because she paid £15k extra to purchase a designated parking spot when she purchased her house so "why should these filthy individuals who do not deserve to live here get parking this easily".

I found that astonishing that she said that and quite simply sad...

I want to attach the pictures and show you guys the scenario but not sure how I can do that as I have to post links?

Here is my edit on your appeal letter template (THANK YOU MSE you are an angel) let me know how you think I should reword it. (Bear in mind that I am sending this due to the PCN that was left on the windscreen 3 days ago - anything edited is in bold)

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague issue reason stating "unauthorised parking", following by further details below stating that your parking attendant has reasonable cause to believe that I breached the above (unauthorised parking) on your "clients private land" details of which were clearly and prominently displayed and agreed by the Driver in the act of parking the vehicle. I thus require an explanation of the allegation and your evidence seeing as the vehicle was not parked on double yellow lines, in front of anyone's house or anywhere near a sign that stated that parking there was forbidden, rather the vehicle was parked in an area where the kerb in itself sections inwards making it look like there are two spots for two cars to park.

I have tried to see any pictures on your website or call in for assistance with no help, and thus require you to include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

Coupon-mad

A driver was driving my car and upon visiting my mother, parked at her complex. You see the complex has very few parking spots which easily get filled up and everyone receives PCNs from Direct Parking UK daily. In one week, I paid for 4 of my mother's tickets as she does not have a lot of money and the situation is a !!!! show.

Wait, you are not telling me that the residents are PAYING these false PCNs as if they are actual parking fines? And that you PAID 4 of them, hundreds of pounds?

Nonono!!

Read any other residential defence thread, there are loads. These are not to be paid.

MistyZ

Coupon-mad wrote: »

Wait, you are not telling me that the residents are PAYING these false PCNs as if they are actual parking fines? And that you PAID 4 of them, hundreds of pounds?

That is what the OP said. I know that 'cos I'm still staring at it in disbelief too.

Sounds like true parking hell there with at least one very objectionable neighbour in cahoots with the PPC.

zoss

I have been, tbh I am not from the UK - and I did not want my mother to get into any trouble. I have been quite sick and any form of stress makes it worse and so is she. So I thought I'd help her out but now they are kind of taking the !!!!. ALL the neighbours are getting these fines on a daily, several a day.

What should I do? Should I send the above appeal? How do these appeal processes work? Anyone done this before successfully? Last thing I want is to be dragged into court. I have read the stuff on the newbie forum and am just a little confused as I am not sure what an "IPC member' is, I believe it says IPC on the few notices that are outside requiring you to show residence permit (which still doesn't exist). Or do I have to wait for this Notice to Keeper? I probably sound a little odd and I am sorry if you have to spoon feed it to me.

zoss

I have been, tbh I am not from the UK - and I did not want my mother to get into any trouble. I have been quite sick and any form of stress makes it worse and so is she. So I thought I'd help her out but now they are kind of taking the !!!!. ALL the neighbours are getting these fines on a daily, several a day.

What should I do? Should I send the above appeal? How do these appeal processes work? Anyone done this before successfully? Last thing I want is to be dragged into court. I have read the stuff on the newbie forum and am just a little confused as I am not sure what an "IPC member' is, I believe it says IPC on the few notices that are outside requiring you to show residence permit (which still doesn't exist). Or do I have to wait for this Notice to Keeper? I probably sound a little odd and I am sorry if you have to spoon feed it to me.

MistyZ

Hello there. Don't panic, you'll get your head around this. And yes, tons of people fight off PCNs successfully every day. The more experienced members here, those with quite a few thousand posts, know this business inside out and won't lead you into trouble, quite the opposite.

Parking companies belong to one of two Accredited Trade Associations (ATAs), the BPA or the IPC. (There may be others for all I know, but these are the 2 main ones). This information can help with the appeal process.

The easiest way to find out which ATA the company belongs to is to look them up. However I can't find a parking company called Direct Parking UK. Maybe I could with some more googling, but it's odd for it to be even a little difficult. What exactly is said on the notices or signs? If necessary, write down everything from one of them, including the probably very small print, and re-write it on here.

Or did you get receipts for the PCNs you paid ... was the company name on them?

Also, are you in Scotland by any chance?

There will be several things for you to do. But first off we need to get all the basic information straight.

MistyZ

Is it this one? They're IPC members.

http://www.parkdirectuk.com

zoss

Ah thank you, that makes me feel so much better. Yes it is them, and on the notice it says that they are an IPC company. I am in London, not Scotland unfortunately haha! I can upload pictures of everything if you tell me how to go about it but the notice (which was not hung around where I parked, but rather in a dark section of the complex which are only for disabled badge holders says the following:

Warning private property, 24 hr controlled parking allocated parking only T&Cs:

Vehicles must display a valid PDUK approved parking permit fully within the windscreen and comply with all conditions on the permit. Strictly no stopping/waiting or parking for unauthorised vehicles. No stopping/waiting or parking on a road or other space that is not designated for parking. Authorised vehicles must park fully within the confines of a marked parking bay. Vehicles parked in a disabled bay must have a valid blue badge on display in the front windscreen in addition to the requirements above.

Then in smaller writing they have written:
Breach of any T&C will result in the driver being liable for a parking charge of £100 immediately by a park direct uk LTD parking attendant or a surveillance camera. By remaining on this land you agree to abide by all of the Ts&Cs.

and then even smaller writing which I can hardly read about pay within 28 days or you will be charged per 24 hours after those 28 days.