PCM parking tickets help

laurenjo12

Hello.
I'm wondering I could please get some advice on my current situation. I currently live in a block of private flats and have been here for 5 months. When I moved in, I asked a lady at reception if I could park outside with a disabled badge. She told me I could during the pandemic and I have been doing so ever since. The blue badge is in my name and was displayed at all times. I parked there for around 4 months with no issues at all. On 10/12/2021, I received a text message from my friend with a photo of my car showing a parking ticket attached to the windscreen. Unfortunately, I was away from the building due to my family being unwell with COVID. I contacted reception and made them aware of the situation and they registered my car over the weekend as a staff car until I could move it. 
When I arrived back to my car, I got the ticket off the windscreen and immediately contacted reception, who told me it would be fine and to send an email to head office. I did this and had a few phone calls. After all that i was told that they had contacted the parking company, who had informed them to tell me that I needed to get in contact with them via email myself. I did this immediately and heard nothing. I left it for a week or so as it was the christmas period. After a week, I wrote an appeal through their website as a back up. I received a letter a few days ago declining the appeal.
Anyway, a week ago I received five letters in the post, all different PCN's with different dates (29/11/20, 01/12/20, 03/12/20, 06/12/20, 10/12/20). This was a big surprise as you can imagine. I looked up each PCN on the website and checked photographic evidence. Each PCN photograph does not have the previous tickets in the photo, so for example the ticket on 10/12/20 only has one ticket on the windscreen.

I now have £500 worth of fines and am not quite sure where I stand with this. I have spent hours looking through MSF threads but am still unsure. I don't want to have to pay any fines at all, but if I have to pay one then so be it. I cannot afford all 5. I don't believe I should have to because my building reception told me I could park there (note: I have now been told that they have nothing to do with the car park).

beamerguy

Who is the parking company

Assume you were away when every ticket was issued which should have been attached to the windscreen ... all of them.  Someone has removed them.

 I asked a lady at reception if I could park outside with a disabled badge. She told me I could during the pandemic and I have been doing so ever since. 
She gave you permission, have you told her what is happening ?

laurenjo12

beamerguy said:

Who is the parking company

Assume you were away when every ticket was issued which should have been attached to the windscreen ... all of them.  Someone has removed them.

 I asked a lady at reception if I could park outside with a disabled badge. She told me I could during the pandemic and I have been doing so ever since. 
She gave you permission, have you told her what is happening ?

Its Parking Control Management (PCM).
I've told her but as there is no written evidence, so head office are not taking it on board.

Coupon-mad

You need to send a formal complaint to the Head Office of the Managing agents who run the reception and attach a copy of your Blue Badge and tell them that they are 'jointly and severally liable' for disability discrimination under the Equality Act 2010.  This is their liability as principal, due to the actions of their agents, who are the rogue ex-clampers, PCM who were exposed on Watchdog a few years back, saying that when it comes to appeals, they reject them as standard and ''make it up most of the time'':

http://parking-prankster.blogspot.com/2015/05/is-it-pcm-uk-who-make-up-stuff-all-time.html

Tell the Managing agents in writing that they have broken the law by failing to honour a 'reasonable adjustment' granted by their employee on reception, who (blah blah, say what she said and when).  State that this means you can sue both PCM and the managing agents for liability if this harassment is not dropped immediately, and under the Equality Act 2010 PCM are not allowed to pass to the disabled consumer any costs incurred in mistakenly issuing then cancelling, these PCNs. 

Therefore if PCM are saying this has cost them anything in administrative costs then the Managing Agent, for failing to tell PCM that you were exempt, must settle that internally and apologise forthwith:

https://www.legislation.gov.uk/ukpga/2010/15/section/20

Duty to Make Adjustments:
20 (7)  A person (A) who is subject to a duty to make reasonable adjustments is not (subject to express provision to the contrary) entitled to require a disabled person, in relation to whom A is required to comply with the duty, to pay to any extent A's costs of complying with the duty.



Then once that email is sent, take a screenshot of your complaint and attach/upload it in an appeal on PCM's website, to each and every PCN you have, one by one.  Admit to being the driver and also append a copy of your Blue Badge and summarise the above, telling PCM to read the complaint you have sent to the property agents because you will counterclaim if they continue with any of the PCNs.  Draw PCM's attention to the Equality Act section above, as well as where you've drawn it to the agents' attention, and then stand back and see who replies and what they say.

DO NOT OFFER TO PAY ANYTHING - IT IS ILLEGAL TO CHARGE YOU UNDER THESE CIRCUMSTANCES.  THEY GRANTED YOU THE RIGHT TO PARK.

D_P_Dance

Read this wrt protected characteristics and complain to your MP.

https://www.equalityhumanrights.com/en/equality-act#:~:text=Protected characteristics,-Find out more&text=These are age, disability, gender,, sex, and sexual orientation.

laurenjo12

Hello, to update. 

I have now had multiple replies-not good news!

Firstly from the manager of the property stating they take no responsibility for the tickets and stating i can only appeal through the parking company. I have no proof in writing clarifying i was told i could park there so cannot evidence that and it is clear they dont want to get involved.

Secondly i have received a letter from PCM (see attached)

Thirdly, i have received 5 rejection letters from PCM about my appeal (one of them attached).

Im really not sure what to do moving forwards.

Is it right that an old ticket would be removed before putting a new ticket on? The car wasn't moved during this time. 5 tickets range from 29.11.20-10.12.20.  Each photographic letter they send to me as evidence only ever had one ticket on the windscreen.

i am feeling hounded by all this and although i could pay one ticket, there is no way i can pay 5. I am also petrified of the thought of being sent to court.

Would really appreciate some of your expert help

Coupon-mad

Why are you thinking you have to pay?  If you have rejection letters x 5 (for five PCNs?)

Then do 5 IAS appeals - there is NO TEMPLATE because IAS is all about evidence and what you show them. 

So appeal each one, showing evidence of your disability (Blue Badge, both sides, but with your photo covered to maintain online privacy and so the image can't be copied and used) and the fact that the car was not moved so there was only one parking even.

Each appeal should be exactly the same, referring to all five PCNs and explain and evidencing your two points - Blue Badge held (attach it) and the car wasn't moved (so there was only one parking event.

nosferatu1001

Also, make it clear that given each image only shows ONE notice to driver, there clearly was only ever ONE ntocie to driver served, meaning the keeper has NO liability for the other four. 
It is beyoind the balance of probabilities, which they are bound to operate under, that five NtD were served and conveniently that exact one removed eacch time. 

laurenjo12

Hello, thanks for the advice.
I have received 5 further letters now telling me its too late to appeal through the IAS. When I have logged on and tried to appeal through them it states I am unable.
I dont know why letters haven't arrived in the time scale that they should.
I have emailed IAS informing them of this and giving details-hopefully will hear back ASAP and I am also going to contact my local MP as someone suggested previously.

laurenjo12

Further update from IAS.

nosferatu1001

do not touch that with a bargepole
Cannot be more clear
DO NOT