Parking Charge Notice on my own parking space, no ticket

HetB

And can I just say thank you - this is the first time I feel I have been listened to. 

Coupon-mad

HetB said:

I've removed some personal information above? Is that what you meant? But the appeal above is what I sent to the company originally - so that is already sent. Should I remove my appeal with the IAS then? I will reply further to the other comments, but I am attending a funeral very shortly. Huge apologies, all the acronyms are difficult to follow, but I will attempt to decipher later. I appreciate any help. Best

Why did you appeal to the IAS?    Eeeek, no-one does that!  

Please don't tell us you PAID £15 for a non standard appeal (please no)?

 I ticked a box saying driver

Oh no, and yet your appeal was based on the POFA...

i hope you didn't pay £15 for a (late) non standard IAS appeal.  Please tell us you didn't.

Fruitcake

The registered keeper can not just pass the PCN to you for you to deal with. They must either deal with it themselves as keeper, or name you as hirer/lessee. That is the law, (the PoFA 2012) and they must abide by it. They cannot by law deduct money from your salary unless that is written into your employment contract.
The easiest thing for them to do is name you as hirer/lessee. Until and unless they do that, it is not your problem and they are liable in law. If they have not done this then they are liable for the charge. You are not liable unless and until you have a NTH in your own name. Taking money from you is probably unlawful.

You have to decide what is your strongest point.

Either you appeal as day to day keeper, or as hirer/lessee, or as driver.

If you rely on the PoFA, then hirer/lessee is your best weapon. 
If the scammers have failed to transfer liability to you as the day to day keeper, then the registered keeper (your employer) remains liable for the charge, not you.
If however you decide to rely on your tenancy agreement, then PoFA is irrelevant but primacy of contract is your strongest point. 

You should hammer whoever employed the scammers, pointing out that your lease/AST quite clearly shows that you are not involved in any parking/permit scheme and you are not liable for any charge.

Have a look at the case of Jopson vs Homeguard where this is quite clearly set out. 

As for the L & T Act ballot, you must ask WHEN this was carried out because it is not mentioned in your lease/AST. Without the ballot, your lease/AST cannot be altered therefore you cannot be liable for any parking charges. 

Half_way

please answer the above, you will need to ask the management company (who previously fobbed you off ) about the ballot.
You should also make it absolutely clear that any permit displaying was done as a courtesy and not as an obligation.

before sending anything off to anyone, post it here first.

this should be easy to sort out, but you need to say the right things to the right people  and have the right information.
You could even come out of this being compensated for the time you have had to put into this.
As opposed to worrying that you owe them money, they (including management company)could end up oweing you money

D_P_Dance

WRT the ballot, read this,

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

Have you read this?

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

What does your lease/AST say about parking? Does it mention the need to display a permit? 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. 

zhonguonuren

Hi OP.  Thank you for all you are doing for the country and sorry that you are being subjected to this vile harassment.  

As well as following the advice of the regulars, please write to 

will@theipc.info

Mention the case against the IPC in May (he will know what you mean) and that you trust the charge will be cancelled and quickly to avoid further stress to you and your family.  

Please dm if you have problems (no beamerguy I’m not on the make).  

HetB

Coupon-mad said:

HetB said:

I've removed some personal information above? Is that what you meant? But the appeal above is what I sent to the company originally - so that is already sent. Should I remove my appeal with the IAS then? I will reply further to the other comments, but I am attending a funeral very shortly. Huge apologies, all the acronyms are difficult to follow, but I will attempt to decipher later. I appreciate any help. Best

Why did you appeal to the IAS?    Eeeek, no-one does that!  

Please don't tell us you PAID £15 for a non standard appeal (please no)?

 I ticked a box saying driver

Oh no, and yet your appeal was based on the POFA...

i hope you didn't pay £15 for a (late) non standard IAS appeal.  Please tell us you didn't.

Sorry for the delay - I have been extremely busy at work. I have until today to complete an appeal to the IAS - I haven't finished it. I had registered before seeking help from this forum. I went to the IAS because PCM, wrote: "If you believe this decision is incorrect, the Independent Appeals Service (www.theIAS.org) provides an Alternative Dispute Resolution scheme for disputes of this type. As you have complied with our internal appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service providing you lodge an appeal to them within 21 days of this rejection.".... So I was desperate to get it registered in time. My MP has advised I go down the POPLA route, but I don't think PCM UK engages with them? Why would they not have suggested POPLA in their letter???

HetB

D_P_Dance said:

WRT the ballot, read this,

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

Have you read this?

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

What does your lease/AST say about parking? Does it mention the need to display a permit? 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. 

****As mentioned in a previous post: This is in our tenancy agreement, there is no mention of a permit and we were told we did not need one: 

15. Cars and Parking
15.1. To park in the car parking space, garage or driveway allocated to the Premises, if applicable. 

15.2. To keep any garage, driveway, or parking space free of oil and to pay for the removal and cleaning of any spillage caused by a vehicle of the Tenant, his family, contractors or visitors.

15.3. To remove all vehicles belonging to the Tenant, his family or visitors at the end of the Tenancy. 15.4. Not to park any vehicle at the Premises that is not in road worthy condition and fully taxed. 

HetB

And this is what my MP advised:
Parking enforcement on private land is quite complicated, but there are ultimately 2 sets of recourse available. An appeal against the fine issued needs to be made to Parking on Private Lands Appeals (POPLA) who can adjudicate on the matter: https://www.popla.co.uk/. Albeit appeals are on hold at the moment, you are still able to register your appeal which should then put a stop to the fine increasing in price whilst they appeal takes place. So i would advise that you submit this as soon as possible. The Conduct of the operator can separately be reported to their regular, which will  either be BPA or IPC.

I wouldn’t want to speculate, but if your appeal has been rejected by PCM, it would seem you have good evidence to make an appeal to the adjudicator on this mater (POPLA). If there are any issues in submitting this appeal for registration, please let us know and we will certainly do what we can to ensure that you are able to access this service. It might also prove fruitful to contact the regulators separately at some point who would be better placed to investigate any potential malpractice and we can certainly help follow up your reports if they are not responded to or if delays commence.

I hope this helps to advise how best to start the appeals process, but of course we are happy to offer any further advice on this should you face any difficulties with the process.

Umkomaas

POPLA doesn't adjudicate on IPC operator cases. Nothing further to add.