PCN - they have no mercy

Dave3k

Hi,

Please can anyone advise on the below;

Residential car park with residents card displayed. The building is undergoing massive repairs and huge amount of parking bays are blocked by the scaffolding + materials storage. There is one parking side blocked in this way and the car park operator advised that cars can park along the barriers and sideways. Now there is scaffolding spreading to the next parking level and again the entire parking side is blocked by it. Few days ago a car was parked there along the barrier following the same logic and advice from above only to find PCN the next morning stating 'Parked outside of a single marked bay' - I can add that the car was nowhere near blocking anyone parked on this level. 

Charge - £100 within 28 days or £60 within 14 days.

The parking agency is a member of IPC and have IAS for secondary appealing. The notice states that only the driver can appeal and not the 3rd party (including the keeper). In order to appeal directly to the parking agency online there is a tick box saying 'I was the driver' before the appeal can be started but later on in the application there is an option to choose between Driver or Keeper - confusing!

I am looking to appeal but please can you share your thoughts!

Thanks

KeithP

Hello and welcome.
Who is the parking company?

You must avoid giving any clues to the driver's identity.

When did this parking event take place?
Do not try and appeal just yet.

Dave3k

Hi,

Thanks for responding. The parking company is Alliance Parking UK Ltd

D_P_Dance

Own space court cases rarely suceed so hang in there.  Read these 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

Coupon-mad

Read the judgment in Sultana v Plustrade:

https://www.google.co.uk/amp/s/swarb.co.uk/saeed-v-plustrade-ltd-ca-20-dec-2001/amp/

https://www.bailii.org/ew/cases/EWCA/Civ/2001/2011.html

Send those links to your managing agent and tell them to call their dogs off or you will sue.

patient_dream

I agree with Coupon-mad.

You cannot be penalised for something out of your control

You will not be alone so you need to ask around with other residents.

YES, you can all sue the managing agent if they don't tell Alliance to STOP whilst the building is going on and cancel ALL tickets immediately

Normally, we say don't bother with the IAS as it is a scam.  But in this case, I suggest you do appeal to the IAS and let's see what happens.  If they reject your appeal then come back here as it will be a case that can be referred to Mr Gove who is now in charge of MHCLG.

Dave3k

Thanks for the replies. 

Just wanted to add that I am not a tenant in the building but I am living there with my partner who is a tenant. The apartment is  provided with one parking permit which I use. Is this an extra complication in this scenario?

Coupon-mad

No problem; you are a resident in a household with a permit and you enjoy the same rights granted to your partner, whichever of you is driving.

Make that complaint with a copy of Sultana v Plustrade (the transcript not the first link, which I only provided so that you had a synopsis of the case and that it involved similar facts).

And appeal to the PPC (read the NEWBIES thread first please) and then futilely go through the motions of ‘second stage appeal’ and expect to lose at the kangaroo court of IAS.   Everyone loses - except FOUR PER CENT PER YEAR!  It is well known not to be independent and is about to be replaced by the Government stepping in - but do it anyway with evidence from the tenancy and relying on the Plustrade case.

Dave3k

The PPC's appeal website requires to a tick a box that declares the user was the driver. Why bother with them?

Umkomaas

Dave3k said:

The PPC's appeal website requires to a tick a box that declares the user was the driver. Why bother with them?

No other options?  Can you get beyond it without ticking anything?

Dave3k

I have complained to the housing association and awaiting their response. Just wanted to be clear if next steps are to be taken.

Thanks