PCS Parking Charge- Help please?

hangrygal

Hi, 

I parked on some land where my work office is situated and have received a parking charge notice last week from PCS which states a Parking charge has been issued because it was parked in a manner where the driver attracted a parking charge as brought to the drivers attention via signage and agreed to by the driver wen the vehicle was parked on land managed by our client JD parking consultants. It was issued following the use of a warden operated/monitored camera system. It says please note the period of parking to which the charge relates is the period immediately preceding the time of issue. The letter has a date of issue, time of issues, location and reason for issue. 

I have read the NEWBIES thread and have sent an email to the landowner who have not gotten back to me. Today I used the template on the thread to appeal. I know my next step will be POPLA. I was wondering if anyone could point me in the right direction of some points I could raise? 

I'm going to be going back to take a picture of the sign but I know the sign was very small and hard to read. I'm pretty sure it didn't mention £100 fine. Aside from this, I'm not sure what else I could write? They have pictures of the car as i went on their website.

Any help would be appreciated.

D_P_Dance

 pretty sure it didn't mention £100 fine

It is not a fine, and I am sure that the sum was mentioned, have another look.   Have you complained to your MP?  

Redx

The newbies FAQ sticky thread near the top of the forum in announcements , post number 3 has advice on Popla appeals

The word FINE will definitely NOT have been used , but the £100 will be there , it's been that figure for a decade !

Grounds for appeal are

POFA 2012
No landowner authority
Poor and inadequate signage
The BPA CoP
The CRA 2015

Etc

No point arguing about the £100 or the discount of 40% for early payment , that argument was lost 6 years ago in the Barry Beavis case at the Supreme court !

Did you have permission to park on the land , or were you taking a chance ?

hangrygal

Thanks both, will have a look around those points and draft a response. And yes stupidly I was taking a chance, as I had seen other cars park there nearly everyday. Wasn't my luck I guess 

Redx

hangrygal said:

Thanks both, will have a look around those points and draft a response. And yes stupidly I was taking a chance, as I had seen other cars park there nearly everyday. Wasn't my luck I guess 

These companies actively seek victims who do this , nothing to do with luck , they know people will take a chance so seek out new victims daily , using anpr or Mnpr cameras and warden patrols etc

Coupon-mad

Maybe the PCS letter is non POFA? Is it headed NTO or NTK?

hangrygal

I think it is POFA compliant after reading the criteria. Can I post a picture of it here? It is NTK. 

I could argue that the letter only shows a time of issue and not a parking period even though it says 'please note that the period of parking to which the charge relates is the period immediately preceding the time of issue'. but the pictures online only show the timestamp of the time of issue. 

The pictures also show how close my car was to the sign. Although I still couldn't read the sign and was fairly high up.

Redx mentioned CRA 2015 but I can't see that mentioned in the threads. How would this apply?

hangrygal

Hi guys. this is the sign that was there. It is quite high up and was difficult to tead

Redx

The sign forms the contract with the driver , the £100 is definitely mentioned in the contractual agreement box , although it's not prominent , unlike the Beavis case

Contracts come under the CRA , fair or not fair

It's either acceptable , or not , the signs form the contract , or not

If appealing to Popla , use the list I gave you , especially no landowner authority and poor signage , which I have already mentioned

D_P_Dance

That sign seems  rather too wordy for a parkng contract, read this and comlain to your MP

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p1

hangrygal

Thanks both, still waiting to hear back from PCS. How long does it usually take for them to respond to an appeal? Haven't heard back from landowner either.