3 PCN fines in 5 days! Parking & Property Management Ltd - HELP!

Mo2001

My neighbourhood recently received new parking permits through the post (we didn't receive ours). We received our first PCN and we thought it was because our permit fell on the floor of the car (we appealed), but when the second PCN came in 48 hours later we realized the issue couldn't have been our permit falling on the floor. We spoke to our neighbours and we realized everyone had been given a new red permit. There was no telephone number to contact Parking & Property Management on the PCN slip (only an address) so we wrote a letter asking for a new red permit. But before the letter could even arrive we received a 3rd PCN! My mother is 63 years old and not very good with tech, after the 3rd PCN I had to google and find their phone number on the internet, they gave us a temporary code to stop any more PCNs and sent us a new red permit in the post. 

I appealed all 3 fines but they were all rejected. They told us that we should have googled their number and that their phone number is clearly visible on the signpost on the side of our road. Whilst this is true, why can't they just put their phone number on the PCN slip? That's all my mother looked at and she thought she had no choice but to write a letter. 
To make matters worse, when our 3 appeals were rejected it went to junk mail and we didn't see it, which robbed us of the chance to pay the reduced fee of £65. Now we are faced with three £100 fines and they're not even allowing us to pay £65.

To fine a family 3 times in 5 days for parking outside their own house in their own designated parking bay is outrageous! Surely this should not be legal? What shall we do? Any advice? 

Mo2001

Not to mention we're in a bloody pandemic! How do they expect people to afford this?

Half_way

Stop. Do not contact the parking company again until we know the facts, and you have a better understanding of what you have, and what you are dealing with. 
These are not fines. 

First off all, before you do anything else, before the parking company arrived on the  scene what did you do about parking?

What pre existing rights do /did you have to park? 

What does your lease/rental/freehold say about parking?

Would you accept a permit being required to use and flush your lavatory after 10pm (sounds daft but there is a reason for that question) 

Half_way

One more thing, under no circumstances pay a penny, until you know and let us know the answer to the above questions.
Paying could make things tricky for you. 
And finally for now, have you paid for a permit? (not a serious issue if you have, but will make things easier if you haven't) 

Johnersh

Course the appeals failed. The IPC isn't independent.

In many residential set ups it's possible to argue that the right to park is absolute (no permit required) but even if not, there are good arguments:

The car was at all times displaying a valid permit. I wouldn't concede that the old permit wasn't visible, irrespective of where it was located.

When they elected to change the colour, there should have been:

1. Written notice as to when it would take effect (Inc details of how to get a permit if yours not received) 
2. Dispatch of permits
3. Commencement date. 

Unless they did that, effectively they unilaterally changed the conditions of parking overnight, without notice or failsafe (steps 1 and 2 are separate so that the residents keep an eye out for new permits and know what to do if none received) 

It's their obligation under the contract they have to ensure residents are supplied with permits. Can they prove one was sent first time out (have they even checked?) 

If you're entitled to a permit, have asked for one and they've not then supplied it, it's difficult to see how they can allege there's a breach of contract. The contract became impossible to perform at the instigation of the ppc, once they stopped accepting the old permit, having failed to supply a new one. 

So, if you've got the stamina, send the Arkell v Pressdram reply, explaining why they are wrong in pithy terms.  Then batten down the hatches (it's rare for ppcs to concede) and wait for them to try and sue you. 

Umkomaas

Consider whether it was a deliberate strategy to not send permits to a few residents, that gets them the opportunity to collect £100 a pop before the residents find out (as your mother has) and start to do something about it. We've seen much dirtier tricks!

But, please note, this is your mother's case. You cannot be doing any of this 'on her behalf'. You can help with drafting, but everything in your mother's name and under her signature. Don't mess things up trying to do the 'right thing'. 

D_P_Dance

t is not a fine, read this

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

google "primacy of contract", and read other "own space"  threads.  here and on peppipoo.  Why do you need a permit anyway?  What does you lease say about parking, please tell us the exact wording.

Do not forget to complain to your MP.  

Half_way

Another thing to note is that you need to be pro active in dealing with this - someone cant just appear on the site, install signs shove a permit through your letterbox and insist you pay them £whatever if you don't display a permit to park in a location you are entitled to/had pre existing rights to do so , any more than they could charge you for using the lavatory after 10pm without displaying a permit in a window of your property that can be seen from outside.