PCN/ IAS - Wish I read this forum first - mistakes have been made!

buzzUK

Just found this forum last week, wish I googled the PCN fines first.
1. Received a PCN ticket in my own parking space at home after the permit fell from the window to the seat below.
2. First mistake, Appeal to PCN rejected, second mistake, appeal to IAS rejected with comment that the charge was 'lawfully' incurred due to my permit not being on my windscreen.
3. Have been given 14 days to pay the full charge of £100 now by IAS, no communication from PCN since the IAS rejection, but since reading the forum I am just ignoring the IAS instruction to pay and waiting, I am assuming I now just wait this out till I get a court summons? Ignore all threats of bailiffs being sent to my door? 
4. My close family friend is a young solicitor offering his help in this when the time comes. I will continue to read the newbie thread, but the advice seems to be to just wait.
I will update this thread as I move on.

Redx

ignore all baseless threats , no court order = no bailiffs

no summons will arrive, its not a criminal matter

an MCOL claim pack will arrive from the CCBC in Northampton, a civil court claim (not a summons)

your PPC has 6 years to issue a court claim

D_P_Dance

None of the "mistakes" you have made matter In claims in residential car parks, most of the claims fail in court as the law is nearly always on your side .  Read this,

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

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.

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.

Fruitcake

Assuming you don't own the parking space, what does your lease/AST say about parking, parking permits, parking charge notices from a third party scammer, court claims from a third party scammer, and quiet/peaceful enjoyment?
Just as importantly, what doesn't it say about the above?

What happened when you complained to the landowner and/or MA?

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

Get pics of the site and signs as soon as possible.

buzzUK

This forum is amazing, thank you D_P_Dance, Fruitcake and Redx!
1. My lease for the apartment states the bay that I use is part of my lease for my use only, they rejected the lease I attached and any contact with the landlord/ apartment managing firm. There is nothing in the lease regarding permits.
2. I have not contacted the landowner, whom I guess is the property management? I will ask owners within the building who best to contact regarding this.
3. Local MP has recently changed over, I will have to get in contact for sure mentioning the details given, thank you for that idea.
4. I will get photos of the signs across across our site, is it worth uploading them here? Or just to have in the back pocket for later?
Thanks all again
Buzz

Redx

Keep for later , for the exhibits stage

Read this as to why

https://forums.moneysavingexpert.com/discussion/6058392/link-parking-bw-legal-beaten-in-court/p6

buzzUK

Redx said:

Keep for later , for the exhibits stage

Read this as to why

https://forums.moneysavingexpert.com/discussion/6058392/link-parking-bw-legal-beaten-in-court/p6

That was a great read, impressive slam dunk! Made a note to get pictures tonite!

D_P_Dance

Read up on counter claiming, in most own space PCNs the PPC is guilty of harassment, data breaches, and interference with your peaceful enjoyment rights under various housing legislation.   PPCs have no place in private car parks.  

buzzUK

D_P_Dance said:

Read up on counter claiming, in most own space PCNs the PPC is guilty of harassment, data breaches, and interference with your peaceful enjoyment rights under various housing legislation.   PPCs have no place in private car parks.  

Even if our building management hired them to be there? They were brought in for all the nuisance people parking in our private spaces, and all over the curbs and other areas. But yes I agree, they are planks, just no need for the aggravation caused.

D_P_Dance

This is what happens when landlords let to riff raff.  The up side is that the riff raff take most of the aggro.

Fruitcake

buzzUK said:

This forum is amazing, thank you D_P_Dance, Fruitcake and Redx!
1. My lease for the apartment states the bay that I use is part of my lease for my use only, they rejected the lease I attached and any contact with the landlord/ apartment managing firm. There is nothing in the lease regarding permits.
2. I have not contacted the landowner, whom I guess is the property management? I will ask owners within the building who best to contact regarding this.
3. Local MP has recently changed over, I will have to get in contact for sure mentioning the details given, thank you for that idea.
4. I will get photos of the signs across across our site, is it worth uploading them here? Or just to have in the back pocket for later?
Thanks all again
Buzz

1. If the space is for your use only, then scammers using it to operate a for profit business are in breach of your lease. Whoever employed the scammers is also in breach of your lease. This is more likely to have been a MA rather than the landowner who may not even know about it. 

Variations to a lease have to be in accordance with the Landlords and Tenants act and I think this means they have to be approved by a majority of around seventy percent of the residents, and a minimum of ten percent of residents must have voted. 
Look up the act to see what it says, and query with the MA, if there is one, when the residents were allegedly balloted as you want to see the results of the ballot.

2. The landowner could be an individual or a company. There could be a management company (MC) who may have employed the scammers, or there could be a management agent (MA) that could be made up from residents.

3. Always complain to your MP.

4. Post pics of the site including all entrances and signs here. Upload them to a web hosting site then paste the URL here, but change https to hxxps. Someone here will convert them back to alive link for you.