Parking Charge Notice on my own parking space, no ticket

HetB

Le_Kirk said:

I think you should put dates
to make the story clearer and also you should try to use Ticket "A" and Ticket "B" to explain what you mean here: -

Is this any better???? I have also added at the end some of the personal costs... not that these companies will care.

Dear Sir/Madam,

I rent a flat with a car parking space. The letting agency at the start of the tenancy said I didn’t need a permit (I had explicitly asked) and the requirement of a permit is not written into our tenancy agreement. See relevant details here: 

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. 

My tenancy agreement in law supersedes any supposed 'contract' in question with PCM parking. I was wholly unaware of PCM’s request for a parking permit to be displayed. It is a parking space that I pay for as part of my tenancy agreement. So, I am not paying this Parking Charge Notice. But out of courtesy, I have acquired a permit, and I am now displaying it. 

As the driver of the vehicle, I also NEVER received the Parking Charge Notice in question (ticket B ), which was allegedly stuck to the windscreen of the van on the 20th March. I was only aware of one ticket (ticket A) attached to the windscreen on the 22nd March, which the letting agency dealt with on my behalf. So, despite knowing who the driver of the vehicle was (given the correspondence over ticket A), PCM still pursued the keeper of the vehicle – delaying my knowledge of ticket B, which I never received, to more than a month later (29th April). IF ticket A and B were both on the vehicle, obviously I would have dealt with them at the same time – anyone would have. But ticket A was only present, so that shows ticket B was either never issued, or at best must have been removed. There is also no photographic evidence showing two tickets were ever present at the same time. This is clear poor practice by PCM. And I have been reliably informed that ticket A should never have been paid for anyway by the letting agency, given my tenancy agreement. 

I therefore have contacted my MP on this matter who is helping me with my case, and says this is a “bizarre” situation, given that I deserve the right to live peacefully in my home and use my space, as per the terms of my tenancy agreement. Furthermore, PCM UK should exist to protect mine and other resident’s parking spaces from rogues parking there. So, I am severely disappointed this doesn’t seem to be the case. Rather than serving the person they should be protecting, I am receiving harassing letters. I cannot explain the detrimental effect this has had on my mental wellbeing in the middle of a pandemic, whilst I am an essential worker strapped for time. One letter was received on the day of a family funeral, which I feel was despicable. 

Given all the above, I am therefore writing to inform you that I will not be paying this 'charge' and I request this appeal is upheld.

Yours faithfully, 

Coupon-mad

It's pointless appelaing to IAS without including photos and pictures as evidence.  The burden is always on the consumer to put in a shedload of evidence which might drive PCM away.  So:

- attach a scan or readable photo of your lease
- attach a copy of the advert for the flat that said there was free parking (if that exists...)?
- attach proof you are an essential worker (it MIGHT make a difference...)
- attach something from your landlord (an email?) saying that you have the right to park there flowing from his/her leasehold ownership of the flat which has always come with unfettered rights to park, and that he/she neither appointed PCM nor recognises them as having any authority over him or his tenants.
- attach a copy of whatever the letteing agency said about Ticket A that they 'dealt with'.  Did they get it cancelled?

Also read this:
https://forums.moneysavingexpert.com/discussion/5997200/pcm-company-introduced/p1
That's what the residents should do.  Get PCM kicked out or ask your landlord to lobby the MA to remove them.

Coupon-mad

You can't add more later, so give IAS a go with that evidence and keep replying at each stage and pushing your case. PCM might give up.

If not, who cares - you do realise NOT to pay?!  Did the lettings firm cancel the other fake PCN?

HetB

Coupon-mad said:

You can't add more later, so give IAS a go with that evidence and keep replying at each stage and pushing your case. PCM might give up.

If not, who cares - you do realise NOT to pay?!  Did the lettings firm cancel the other fake PCN?

The lettings firm paid the parking charge.
I understand I could just not pay, but I feel pretty vulnerable that they know where I live.

HetB

But I do have an email saying: THERE IS A DESIGNATED PARKING SPACE NUMBER (redacted). THE TENANT CAN PARK WHAT EVER THEY WISH. THE FLAT HAS EXCLUSIVE USE OF THE NUMBERED SPACE.

 

Ralph-y

"I understand I could just not pay, but I feel pretty vulnerable that they know where I live. "

I think you have been watching to much TV.

No one and I mean no one will call round .... they know where you live because the DLVA tell them who the registered keeper is.

all this worry about bailiffs is poppycock to get to the stage of bailiffs you would need to be taken to court ignore/loose refuse to pay and then they might ... might pursue you further ...

follow the forum advice and make them feel ' pretty vulnerable'  

Ralph

Coupon-mad

HetB said:

But I do have an email saying: THERE IS A DESIGNATED PARKING SPACE NUMBER (redacted). THE TENANT CAN PARK WHAT EVER THEY WISH. THE FLAT HAS EXCLUSIVE USE OF THE NUMBERED SPACE.

 

Perfect. Upload that as evidence then. 

OF COURSE you are not going to pay!  NO POSTER HERE PAYS.

D_P_Dance

Why do you want to pay a scammer who probably has no  right to be there in the first place?

HetB

Surprise surprise - the adjudicator has thrown out my appeal on the 16th July. See below. Any advice on moving forward? 
Thanks for all the help so far. 
--------------------------------
The Independent Appeals Service (IAS) has received a decision from the Independent Adjudicator regarding your recent appeal for the below PCN.

Parking Charge Number (PCN): ----------
Vehicle Registration: -----------
Date Issued: 20/03/2020

Appeal Outcome: Dismissed

The Adjudicators comments are as follows:

"It is important that the Appellant understands that the adjudicator is not in a position to give his legal advice. The adjudicator's role is to look at whether the parking charge has a basis in law and was properly issued in the circumstances of each particular case. The adjudicator's decision is not legally binding on the Appellant (it is intended to be a guide) and they are free to obtain independent legal advice if they so wish. However, the adjudicator is legally qualified (a barrister or solicitor) and decides the appeal according to their understanding of the law and legal principles.

The terms of this appeal are that I am only allowed to consider the charge being appealed and not the circumstances of other drivers or other parking events. The guidance to this appeal also makes it clear that I am bound by the law of contract and can only consider legal challenges not mistakes or extenuating circumstances.

For the avoidance of doubt, this charge ! has been issued on the basis that no valid permit was clearly displayed in the vehicle at the time of the parking event. I am presented with photographic evidence from the Operator that no valid permit was on display at the time the Parking Charge Notice (PCN) was issued. The signage throughout the site makes it clear that the restrictions apply to all vehicles parked at this site and that if vehicles park otherwise than in accordance with the terms a charge will be payable. I am satisfied that there is no evidence of a valid permit correctly displayed, or displayed at all. Having considered the evidence provided I am satisfied that the Operator has the authority to issue and enforce PCNs at this location.

Whether a driver feels that they have permission to park or not, the contractual terms require a driver to properly display a valid permit and by not displaying properly any such permit they agree to pay the charge. The Appellant should have ensured that a valid permit was clearly displayed in the vehicle otherwise they should have parked elsewhere.

It is the driver's (rather than a third party's) responsibility to ensure that the terms and conditions of parking are complied with. The vehicle was secure, stationary and unoccupied with no valid permit correctly on display and therefore, in accordance with the advertised terms, the driver is liable to pay a charge. The signage on site complies with current regulations and is sufficient to have brought the terms of parking to the driver's attention. The signage is neither misleading nor unclear. The contractual terms require the driver to display a valid permit, otherwise by parking they agree to pay the charge. If for any reason the driver cannot display a valid permit they can either park elsewhere, or remain parked and agree to pay the charge. The Appellant chose the latter option.

I am satisfied that the Operator has proven their prima facie case. Whilst having some sympathy w! ith the Appellant's circumstances, once liability has been established, only the Operator has the discretion to vary or cancel the parking charge based on mitigating circumstances. Accordingly this appeal is dismissed." 

As your appeal has been dismissed, the Independent Adjudicator has found, upon the evidence provided, that the parking charge was lawfully incurred.

As this appeal has not been resolved in your favour, the IAS is unable to intervene further in this matter.

You should contact the operator within 14 days to make payment of the charge. 

Should you continue to contest the charge then you should consider obtaining independent legal advice.

Yours Sincerely,
The Independent Appeals Service

Fruitcake

HetB said:

Surprise surprise - the adjudicator has thrown out my appeal on the 16th July. See below. Any advice on moving forward? 
Thanks for all the help so far. 

Complain and complain again to the landowner and MA.

Complain to your MP about this unregulated scam.

Make sure you have your say when the draft mandatory CoP is released for public consultation in a couple of weeks. Watch this forum in readiness.

Wait for a court claim. Read the guide to court and the template defence threads in readiness.
Get/keep safe pics of the site and signage and any and all lease/head lease documents.

Get together with other residents and complain individually and collectively, instructing the MA to get rid of the scammers, or at worst, put your VRM and/or parking space on a whitelist.

Move home.