Private parking charge notice while delivering

mfh

Hi,

I've tried to search if anyone has been in this situation and posted about it, but couldn't find anything, so if anyone knows of a post about this, please point me to it.

I work for deliveroo, and recently got a parking charge notice while carrying out a delivery to a customer.

Upon entering the property, the officer noticed me coming in (he was sitting in his car), and watched me as I unloaded the delivery and entered the block of flats. When I came down 2 minutes later, he was taking pictures for evidence. I told him I was making a delivery on behalf of deliveroo. His response was that he works for pcm and my car was parked without showing a permit. It was obvious that he wasn't going to be reasonable, so I got in my car and drove off.

I've now received a pcn from them. All your advice says not to give details of the driver, but I'm not sure how I would be able to respond to them without admitting I was the driver and giving them the information with which they can pursue the matter legally. 

What would be the best way to get this dismissed?

TIA

Fruitcake

What is the full name of the PPC please?

Complaining to the landowner is always plan A. The person to whom the delivery was made should be able to help you with that.

If that doesn't work, then appeal using the template ion blue text from the NEWBIES Announcement sticky thread. Send it unaltered from the Keeper.

The NEWBIES tells you what to do if/when it is rejected.

There was no "officer" involved. 

Was a NTD left on the car or handed to the driver?

Please tell us the dates of the alleged event and the date the NTK was issued.

Loading and unloading is not parking as determined in the persuasive appeal court case of Jopson vs Homeguard. You can find a copy of the transcript on the internet. The relevant paragraphs are 19 - 20.

Grace periods should also apply.

Get pics of the site and signage (on foot).

mfh

It was issued by PCM (UK) Ltd for an alleged offence on 08/09/2021, for parking without clearly displaying a valid PCM UK permit at the time of enforcement.

Sorry, when I say officer, maybe representative of PCM is more accurate. He did not leave anything on the car as I drove off. 

The NTK was given on 10/09/2021

Fruitcake

It is not an offence.

Does the NTK refer to the PoFA 2012? In other words, is it capable of making the keeper liable for the charge?

mfh

Yes, it's the very first paragraph:

"This notice is given to in line with schedule 4 of the protection of Freedoms Act 2012 in relation to a perking contravention.............."

95Rollers

The whole "de minimis" thing springs to mind. The parking attendant or person taking the pics DID NOTHING to minimise the loss he could of piped up saying "CAN'T PARK THERE MATE" or told you to move because it was a controlled private area - but he didn't and why did he not do this? Hold them to account on this!  The reason the parking is controlled is allegedly to keep non-permit holders out and he failed to do this when he had the chance.  I would argue he has abused his process and abused the power entrusted to him to "manage" parking on a small carpark for his own gain. The gain being a bonus or employer kudos for issuing PCNs!!! 

Was the Parking Attendant in uniform or in plain clothes? DId they have a liveried parking company enforcement vehicle? Did they ID themselves? 
   
Plus Jopson vs Homeguard case springs to mind where Loading/ Unloading is not deemed as parking and with a big Deliveroo bag its pretty obvious what you're doing. You have a delivery log/ job list which shows you have valid reason to be there and "permission" from the customer to make a drop off. The customer did not make you aware of any restrictions in the order comment box either.

Plus was signage clear?

Is there a grace period for legitimate deliveries?

As soon as he pointed out you had a permit you then immediately vacated the premises. He is not a council or police officer so therefore has no power to stop or detain you. 

All things to consider and use in crafting a defence against this unfair behaviour by the parking firm.

D_P_Dance

Read this and complain to your MP

https://www.parkingcowboys.co.uk/wp-content/uploads/2016/12/JOPSON-V-HOMEGUARD-2906J-Approved.pdf

Fruitcake

mfh said:

Yes, it's the very first paragraph:

"This notice is given to in line with schedule 4 of the protection of Freedoms Act 2012 in relation to a perking contravention.............."

Yes, but did it specifically refer to paragraphs 8 or 9 of the PoFA? 

mfh

Not that I can see. I've attached a copy in case there is something else that you might know to look for.

Thanks

Umkomaas

We need to see the full page please, as well as the reverse. Please redact your personal details, the VRM of your vehicle and any PCM reference numbers. 

It's beyond belief the level to which these parking firms stoop to penalise people for their own enrichment. 

mfh

Full copy of the letter: