Do I have a route to appeal Parking Charge Notice?

EarlsdonUK

Thanks CM!

EarlsdonUK

Hello again, another question…

it relates to the fact that the operator specified the wrong address for the ‘car park’ where it is alleged my vehicle was parked ie the post code relates to a different street.

I think it’s likely they have repeated their error in their application to the DVLA for my details, I also believe there’s a real possibility they have made this error on Notices issued to other keepers/drivers in the past.

Maybe the contract with their client/owner is also in error.

If their client/owner contract and/or the DVLA application re my vehicle was completed in error, what are the implications in terms of my appeal?

Cheers, earlsdonUK 

Umkomaas

You can mention it in your appeal, giving the location linked to the incorrect post code. Are you talking about a post code 'just around the corner' of the parking event location, or some miles away?  If the former, it's not a showstopper. 

EarlsdonUK

It isn’t miles away, they operate on behalf one residential client landowner, in 5 or 6 different ‘car parks’ in the area. Some are located on one street, others are located on a separate street - each has a different post code code.

By the way, it occurs to me that this is an error they have also made in their contract with the client landowner, does this have implications for them?

earlsdonUK

EarlsdonUK

NB re my last comment, as I said, they operate in a number of ‘car parks’ located in the two different streets and post codes. Not least because the image(s) they have provided are very unclear and ambiguous, it’s impossible to show where my car was at the time ie in which street/post code?

earlsdonUK

Umkomaas

Pile it all into your appeal, but you'll need to include as much evidence as possible - but, as I said, this isn't a showstopper. Only 4% of IAS appeals succeed in any case. 

Coupon-mad

But do it to appear reasonable later on, and because with lots of evidence thrown in at IAS stage, some PPCs just offer 'no contest' as it's cheaper to move on to weaker victims.

EarlsdonUK

Thanks CM, I’ve posted my stage 1 appeal to the operator now, a couple of days before the 28 day deadline. I’ve made the point, amongst others, about the lack of clarity about the location and questioned whether this is a simple/one off error, or indicative of a systemic problem within the organisation. I’ve said that it’s impossible for me to react to, or for them to pursue the Notice because there is no clarity about which of clear the number of car parks they manage in the area it’s alleged my car was parked in. Not helped by the fact that they’ve provided two images. The first, showing my reg no, is really unclear, with no context of background which indicates where the car is.

As I say, there are other issues I believe I can go at, not least that the fact that the other image - also unclear - does not show my reg no and was taken just 13 seconds after the first. So, at this stage, they appear to be claiming my car was present for just 13 seconds.

Comments please + a question… do images provided by them have to include/show reg numbers?

Cheers, earlsdonUK

Coupon-mad

Wow, 13 seconds!  Are they ANPR photos from a camera up a pole at the entrance, or two ground level pics taken on a phone by some random chancer hoping for a typical IPC firm £15 bounty?

EarlsdonUK

Hello again CM, yes 13 seconds. Both taken from street level, I’m guessing by phone.

There’s no mention of period of parking in the Notice, just the two images, I’m guessing that if they could prove it was there longer, they’d do so?

The fact is that it’s not a typical car park, with clear boundaries. In fact, Google and other maps show about half as a named street implying it’s a public highway. The other half has clear bays and garages, the ‘street’ half has a public footpath, no bays and - 8 think crucially - no signs. Signs are only located on the garage walls on the side with parking bays.

The driver drove into the area, which looked like a normal street with parking bays on the left (footpath on the right). Terms and conditions were not displayed at the entrance, so the driver parked the vehicle at the kerb, next to the footpath, left the car to read/check the signs; and decided it wasn’t worth taking the chance, so left.

Whilst the driver was away from the car, it seems that an ‘operator’ took a swift couple of photos and made off before the driver returned.

I would add images that I have taken of the area, signage, from Google maps etc, but am reluctant to do so for fear of prying eyes.

Cheers, earlsdonUK