Screen PCN as a resident in resident only parking

Adrian1999

PCN received on date of issue 14/12/20. Parking area is permit only for residents and visitors.

As a resident, permit was displayed in drivers window but partially obscured, the permits title "Parking permit" is visible, and is colour specific to the year that it is in use for. Alliance-Parking has a bad track record with the residents - but they 'used' to provide a one-off amnesty for residents. With the potential for 'amnesty', the maintenance company who has contracted Alliance for their service, have spoken to me with advice with dealing with PCN, in which they are happy to confirm. 

Appealing process has started, and I identified as the keeper. The enforcement agency has responded, demanding that the driver is identified, there will be no further communication with the keeper, and the appeal will not be processed. A new appeal must be submitted within 7 days.

Not sure how to go from here, as my understanding is not to declare as the driver. 

Also, I want to give back to the forum with a previous successful PCN appeal, and a win at POPLA, how can I contribute?

Coupon-mad

Obviously the driver does not have to be divulged.  Get the Managing Agents to remove the scammers in 2021. They are doing nothing for you.

Le_Kirk

There is no applicable law that requires you to name the driver.  If they refuse to acknowledge your appeal without declaring who is driving, report them to the IPC (Alliance Parking are an IPC member.)

D_P_Dance

If my opinion, in "own space" claims it is better for the driver to contest claim if they are the leaseholder..  Have you read these?

https://www.parkingcowboys.co.uk/own-parking-space/

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

Why do you display a permit?  What does your lease/AST say about permits?  Complain to your MP and read some other "own space" threads on here. 

https://www.google.com/search?q=primacy+of+contract&oq=Primacy+of+contract&aqs=chrome.0.0i457j0j0i22i30.13939j1j15&sourceid=chrome&ie=UTF-8

Adrian1999

D_P_Dance said:

If my opinion, in "own space" claims it is better for the driver to contest claim if they are the leaseholder..  Have you read these?

https://www.parkingcowboys.co.uk/own-parking-space/

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

Why do you display a permit?  What does your lease/AST say about permits?  Complain to your MP and read some other "own space" threads on here. 

https://www.google.com/search?q=primacy+of+contract&oq=Primacy+of+contract&aqs=chrome.0.0i457j0j0i22i30.13939j1j15&sourceid=chrome&ie=UTF-8

Thank you for all the responses. Put in a new appeal stating IPC & the managing company involvement.
It was a visitor space not my own at the time. But the resident and I always use visitor spacing without issue. This time my permit was partly obscured.

Redx

If it's a BPA member , sit on your hands and await a popla code after their self imposed deadline has expired

If they are IPC , there is no Popla and the IAS are a waste of time

Adrian1999

They are not BPA, but are IPC. if IPC are a waste of time, what are my options?

Responded in appeal that there is no legal requirement to identify driver. If appeal is not continued without needing this, that the PCN will be raised to the IPC.

Just going to sit in the new appeal review time of 28 days.

Coupon-mad

When you say 'raised to the IPC' you don't mean trying IAS, we assume.  That is covered in post #3 of the NEWBIES thread.

Adrian1999

Sorry. Yes I meant IAS, I've read the thread and will leave it now. Will update re response.
Update:
My appeal mentioned:

• there was an issue to access allocated parking, which the ground managing company will corroborate (as suggested by the company).
• Informed no legal requirement to disclose driver identity.

Their response:

• Appeal needs to be re-submitted to identify driver and PCN will be held for 7 
• "Not included the sole piece of evidence crucial to appeal or confirm correspondence with driver" - their response requested the V5 log book as part of "evidence" and to also confirm driver.

Re-reading the initial appeal response, I missed a line stating their reason to identify driver (I also missed that they wanted my V5 log book) to confirm that the vehicle is registered to a property on the state. As a rented tenant, my license has never been requested/required by the landlord/managing company. The parking tickets only identify the allocated space, nothing else. Furthermore, license plate alone linked with the PCN/appeal information should be sufficient to identify if the vehicle is associated with a residential property.

Coupon-mad

What did the MA say when you complained and asked them to cancel the scam?

Adrian1999

MA?