PCN appeal rejected. Liable to £100 fine.

purplek101

Hi,

The parking space that is allocated to the flat I rent is managed by a company called Parking and Property Management Ltd. This scheme was in force before I moved to this flat and they have issued me 2 PCNs since I've been living here.

They rejected the appeal for my first PCN and then I just gave in and paid the £60. I then stuck my permit to my dashboard with blue tack.

The second PCN got issued because I forgot to attach my PCN back onto my dashboard after getting my car cleaned. It's a paper permit so I didn't want it to get ruined whilst the car was being cleaned. 

This time they didn't attach a ticket to my car but looked up my license plate number and sent a PCN letter to my address. That address is my parents' address so I was late in receiving the letter. So late, that the 2 week reduced fine period had passed and I was subject to paying £100 instead of £60.

I appealed this PCN too, mentioning primacy of contract (there is no mention of requiring a permit to park in my space) and how I did not get an opportunity to opt-out as the scheme was already in force before I moved here. They've rejected this appeal saying the following:

 Having viewed the photographic evidence, your vehicle can be seen close to a sign stating the parking reg-ulations. Signage clearly states that parking is permitted for vehicles fully displaying a valid permit within the front windscreen and parked fully within the confines of a marked bay. 

The parking charge was clearly advertised and you were in possession of all the information needed to make a decision. You chose to park. In our view, this act, by the appellant, constituted acceptance of the offer to pay the charge and formed a binding contract between the parties. It would follow that there was no inherent unfairness in the way this agreement was reached. 

Unfortunately, the operatives hand held device would not connect to wifi and therefore, a PCN could not be printed out and stuck to the windscreen. Hence the requirement to send a postal PCN. 

PPM are satisfied you are in possession of a permit and are aware of the parking restrictions. We refer you to PCN XXXXXX which you appealed stating that your permit slipped from the dashboard. 

PPM’s letter dated XX.XX.XXXX draws your attention to this being an OPT OUT site. The letter states: Should you wish to remove your bay from the scheme, please contact info@pandpmanagement.co.uk. Please be aware that should you choose to opt out of the parking scheme, PPM will NOT monitor your bay and ANY vehicle will be able to park there. 

PPM’s records show that you have chosen not to opt out of the parking scheme. Therefore, you have accepted the terms of the contract. 

The address is a leasehold property, which effectively means that although the leaseholder has a right to use both the property and any accompanying parking space, they must also adhere to the freeholder’s terms of use, which in this case have been set out in the contractual signage located throughout the site and in clear view of the vehicle. The signage in the area makes it clear that the restrictions apply to all vehicles parked at this site and that if vehicles park otherwise than in accordance with the terms a charge will be payable. 

The reasons you have put forward for parking in a clearly regulated parking area do not justify parking otherwise than in accordance with the restrictions. You will appreciate that everyone has what they re-gard as reasonable grounds for parking. The location is private land and as such there is a need to ensure that only vehicles conforming to the advertised restrictions can park on site. 

I have a feeling that even if I took this case to court, I'd lose because they've used my first PCN appeal letter to reiterate that I had the opportunity to opt-out and I didn't.

What are you thoughts? And do you think I should appeal any further or just pay the £100? If I opt-out now, I still lose because I will have paid £160 all for a space that will no longer be protected. The car park is off-road and there are signs stating it's a private car park so not sure if opting out will even make a difference to me.

Thanks a lot.

Coupon-mad

We think you wouldn’t lose in court (99% of posters here WIN or see the useless claim discontinued when properly defended).

You should sit tight and prepare to defend it at a proper court.  Unless you want the laugh of trying the kangaroo court of IAS and losing there first. 

No paying.

I would also opt out immediately.  Your space is not being ‘protected’ by anyone.

D_P_Dance

It is not a fine, please read the Bewbies.  Please also read thes and complain to your MP

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

https://forums.landlordzone.co.uk/forum/residential-letting-questions/1053920-private-parking-companies

purplek101

Coupon-mad said:

We think you wouldn’t lose in court (99% of posters here WIN or see the useless claim discontinued when properly defended).

You should sit tight and prepare to defend it at a proper court.  Unless you want the laugh of trying the kangaroo court of IAS and losing there first. 

No paying.

I would also opt out immediately.  Your space is not being ‘protected’ by anyone.

You're right, I won't be wasting my time with IAS. The prospect of defending my case in court is daunting and it's frustrating having to wait for a court date many months later. I don't know where I will be at that time but I certainly don't want to pay £100.

It would've been less unreasonable for them to reduce the charge to £60 or charge half as much for residents but it's clear they aren't there to protect residents.

I will opt out of having my space managed by them. It's just confusing that so many residents continue to have their parking space managed by these thieves.

purplek101

Thanks @D_P_Dance  I'll spend some more time going through the Newbies threads to build a defense when it comes to it.

Good idea - will also complain to my MP.

Do you know what's ridiculous? I wouldn't have got fined had I parked my car on the street outside the car park.