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can I be fined JUST because I didn't appeal within 28 days

I got 3 x PCNs for parking in the gym carpark. I am a member of the gym and have a screen shot of the app showing I was in the gym at the time of PCNs. 
BUT, I didn't respond to original PCNs and it got passed to debt collectors. I have sent them my evidence but they say I have to pay because I didn't appeal within 28 days

so, essentially I am expected to pay £510 for not responding to their erroneous PCNs within the timescale that they have specified...



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Comments

  • D_P_Dance
    D_P_Dance Posts: 11,518 Forumite
    10,000 Posts First Anniversary Name Dropper
    A private parking company can "fine" no-one.  Please read the newbies and a few threads from others.  You need to acquaint yourself with  the rules of the gamr into which you have been co-opted.
    You never know how far you can go until you go too far.
  • Jenni_D
    Jenni_D Posts: 5,169 Forumite
    Third Anniversary 1,000 Posts Photogenic Name Dropper
    edited 18 January 2021 at 12:31PM
    £510 means they've added £70 to each PCN - a sum they're not entitled to as the Beavis case has already ruled that the PCN charge itself incorporates all costs of the business. :)

    As mentioned above, acquaint yourself with the NEWBIES thread - it'll tell you everything you need to know.
    Jenni x
  • yeah, I have read all the newbie information. there is alot of it and it's quite confusing! I can't really establish the answer to my scenario within it all. mostly, people are arguing with the parking company whether they were parked in an unauthorised manner. it's clear cut in my case, that my parking was authorised/I parked according to the rules. BUT are the company likely to win in court, because I didn't appeal when I should have?? my guess is that I would win? but really really, I want them to leave me the hell alone...it's too time consuming and stressful to deal with. how can I make them go away or do I have to go to court to make this happen?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    No, they won't win based on that. As appeals are not statutory a failure to appeal does not mean you are suddenly liable for whatever rediculous amount the parasites come up with
    do NOT engage AT ALL with the stupid debt collectors. The newbies thread is clear on this. 

    You can make them go away by paying them, or suing them, or waiting for them to sue you and winning. 
    Right now there is nothing for you to "deal with"
  • Jenni_D
    Jenni_D Posts: 5,169 Forumite
    Third Anniversary 1,000 Posts Photogenic Name Dropper
    edited 18 January 2021 at 12:39PM
    You ignored the PCNs so you've missed any appeal window with the parking company.

    You've received letters from a debt collector - the NEWBIES thread is very clear regarding what you do with debt collectors ... the answer is NOTHING.

    Therefore you're in ignore mode* unless or until you receive a real Letter Before Claim from the parking company (or their nominated solicitor). Again the NEWBIES thread (I believe) provides advice on how you determine whether you've received an LBC.

    * This doesn't mean you can't still activate Plan A - complain to the landowner/gym to get these cancelled.

    Edit - cross-posted with @nosferatu1001 :)
    Jenni x
  • Umkomaas
    Umkomaas Posts: 41,951 Forumite
    Part of the Furniture Photogenic First Post Name Dropper
    yeah, I have read all the newbie information. there is alot of it and it's quite confusing!
    What's confusing about the 4th post which deals entirely with debt collectors?
    BUT are the company likely to win in court, because I didn't appeal when I should have??
    That won't be a reason to lose in court. But that won't be the reason for a court claim to be issued. 
    but really really, I want them to leave me the hell alone...it's too time consuming and stressful to deal with. how can I make them go away or do I have to go to court to make this happen?
    They won't unless you pay them, a Judge finds in your favour in a court case, or the gym tells them to cancel the charges. I presume you've complained to the gym?

    Which parking firm is involved?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • D_P_Dance
    D_P_Dance Posts: 11,518 Forumite
    10,000 Posts First Anniversary Name Dropper
    yeah, I have read all the newbie information. there is alot of it and it's quite confusing!

    Then keep reading it until you are no longer confused.  This is not painting by numbers and you are not dealing with John Lewis, you need  to treat this seriously, these people ruin lives.
    You never know how far you can go until you go too far.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary Photogenic First Post Name Dropper
    No they cannot fine you , or me , or anyone , fining is for idden

    They are also not allowed to add on £70 per pcn either , so that cannot happen in court
    They can ask , but they won't get

    No you won't find that ignoring them instead of appealing at the time causes you problems , it's not a reason for a court case , non payment of each PCN is the reason for the court case , breach of contract regarding authorising the parking inside the gym

    You can and should ignore the debt collector letters , they won't stop but are powerless to act

    Name the Parking company
  • fisherjim
    fisherjim Posts: 6,399 Forumite
    Photogenic Part of the Furniture First Post Name Dropper
    .it's too time consuming and stressful to deal with.
    You've hit the nail on the head, that is exactly the way the PPC's and their in it to win it trade body have designed it to maximise returns by grinding people down

  • D_P_Dance
    D_P_Dance Posts: 11,518 Forumite
    10,000 Posts First Anniversary Name Dropper
    If you do pay them it is possible that they have links with organised crime.  You therefore could be financing slavery, illegal immigration, and dangerous fake electrical goods.   It is better all round if you fight this. 

    You never know how far you can go until you go too far.
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