PCN for not registering vehicle making a delivery

Dumplin

Afternoon all,
I've probably gone about this all wrong and looking for some advice.
I was asked by a customer to drop off a homemade birthday cake to a restaurant in preparation for a Birthday party the following day. I messaged the customer they said take it round the back, I stupidly assumed there was an discretionary period for delivery drivers, and even after I asked the restaurant owner, do I need to do anything he said no your making a delivery its fine. There is no ticket machine, and they have provided ANPR/CCTV evidence

PCM are maintaining.
When entering the car park, signage clearly states “ALL VEHICLES MUST BE REGISTERED WITH A VALID, PRE-AUTHORISED UK CPM E-PERMIT AT ALL TIMES”. The signage is clear within the area and states the terms and conditions for parking. It is the driver’s responsibility to ensure they register their vehicle at the concierge on arrival. This is the only way we are able to determine which vehicles are authorised to be parked within the restricted area” As you did not register your vehicle you were in breach of the terms and conditions and subsequently issued with a parking charge notice.

I parked on the 13th March 2020 and the PCN was issued 30th March 2020.
There is no concierge to register with at this site it's basically waste land at the back of a parade of shops.

The restaurant owner has appealed to PCM with no response and my appeal has been rejected. I have received a Debt Recovery Plus final notice to pay £60 find plus £100 fee and have said client is likely to take me to court.
I parked on the 13th March 2020 and the PCN was issued 30th March 2020

My questions are:
How likely are they to take me to court?
Should the PCN been issued within 14 days of the alleged offence?
They have stated I can appeal through IAS? Should I?
I am writing to the land owners who are both MRICS who have a code of ethics I'll point out that they should consider their professional ethics and whether PCMs behaviour sits well within that.
What should I do next?

Thank you for taking the time to read, any advice gratefully received

Le_Kirk

What should I do next?

Read the NEWBIE sticky and if, having read it, you still have a question come back with that specific question.  The NEWBIE is not a quick skim read, more a cup of tea and a plate of biscuits read.

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, 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 later this year,

Just as the clampers were finally closed down, so hopefully will many of these companies, 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/of these Private Parking Companies.

Dumplin

Thanks Both,
I have read the Newbie sticky but as I have already jumped the gun, appealed and had it refused I'm not sure of my starting position
I have also searched previous threads and seen that PCM have taken a lot of people to court.
I have drafted a letter to the Land Owners and would appreciate your comments ( please be gentle)

Thank you 

MrsDx

Dear Mr Roberts and Mr Allen,

I am writing regarding a Parking charge notice received whilst parking at the at the rear of the Cork & Skewer Restaurant in Little Walk, Harlow which is part of you property portfolio on 13th March 2020.  See attached this ‘notice’ was issued by PCM on 30 March 2020.

I have never parked behind the shops at Little Walk Harlow, this is the rear of a large parade of shops where numerous deliveries a day are made.

I was asked by a customer to drop off the birthday cake to the restaurant in preparation for a 70th Birthday party the following evening. I messaged the customer they said take it round the back, The cake was a significant size and heavy.

After setting up the cake and leaving the premises, I noticed the signs indicating that vehicles need to be registered to park , I pulled over and asked the restaurant owner, do I need to do anything he said no your making a delivery its fine. There is no ticket machine or parking office at this location.

On receipt of the PCN from PCM, an appeal was lodged and in support of the case the restaurant owner contacted PCM, both have been ignored and a Debt Recovery letter has now been issued with the threat of being taken to court.

PCM refuse to provide details of any delivery arrangements but I cant believe that every single delivery vehicle has to pre register the individual vehicle that is turning up at any specific time, that to me seems unreasonable and completely impractical.

I am investigating whether the PCN and on site signage is in accordance with the governing regulations but as land owners as goodwill gesture I would appreciate it if you could contact PCM and request on my behalf that this ‘fine’ is quashed.  

As MRICS members I would expect that the ethics code you strive to uphold should extend to companies that are employ through the business and would question whether PCM are meeting these ethics with their behaviours and business practices.

Thank you for taking the time to read and look forward to hearing from you

 

 

Fruitcake

You will need to include the PCN number and the vehicle reg.

Please also read the CoP consultation thread and comment on it.

https://forums.moneysavingexpert.com/discussion/6185781/the-draft-private-parking-code-of-practice-pas-232-now-out-for-consultation/p1

Dumplin

Thanks, does anyone have wording for a letter to my MP, my writing is s bit jack and jill.. I was just going to explain what happened to me, could he intervene, I didn't know anything about this new legislation and would like to bring this into the letter. 

beamerguy

Dumplin said:

Thanks, does anyone have wording for a letter to my MP, my writing is s bit jack and jill.. I was just going to explain what happened to me, could he intervene, I didn't know anything about this new legislation and would like to bring this into the letter. 

Just tell your MP the story.  He/She should be aware of the new code of practice

Forget DRP, they are unregulated idiots who just love to scam. You don't owe £160

Dumplin

thanks, Is it worth writiing back to CPM to state they issued the notice after 14 days ( it is calander days) and therefore the PCN isnt valid, they are BPA members..

KeithP

Dumplin said:

thanks, Is it worth writiing back to CPM to state they issued the notice after 14 days ( it is calander days) and therefore the PCN isnt valid, they are BPA members..

Doesn't mean 'it's invalid'.

It just means that it is incapable of transferring the driver's liability to the keeper.
But if they already know the identity of the driver...

Coupon-mad

UKCPM are not 'PCM'.  Your first post is really confusing due to this.    Of course you are entitled to deliver and you were relying upon a verbal contract and also checked inside and had express permission that you were OK to park to deliver.  Easy one to defend in court.

D_P_Dance

Thanks, does anyone have wording for a letter to my MP,

Every circumstance is different, every car park different, you will have to write a complaint yourself..