Parking ticket from Parking direct UK

Kayloh

Hi everyone, thanks for in advance for reading.

I just recently got a ticket from Parking direct UK on an estate in Lambeth. I work as an electrician but I do have Lambeth permits for Lambeth estates. 

However I parked on a estate thinking it was a Lambeth estate but turns out it wasn’t. The estate is called ‘Cotton house’ in SW2 4LA just off Streatham place. 

I did indeed put up a Lambeth permit on my dashboard but ultimately this was an honest mistake. 

Do I have any grounds to contest this ticket? If so what could it be? 

Again, thanks for reading!

Fruitcake

Plan A is always to complain to the landowner, especially if the driver had business there. Please read the sticky thread for NEWBIES then appeal using the template in blue text you will find there. Send it unaltered from The Keeper.
If the driver didn't know what kind of permit was needed then the signs were probably inadequate. The Keeper should revisit the site and take photos of the site and signage.

Kayloh

This is the signage on the estate. The landowners belong to Mears Hyde and I have worked with them in the past but they don’t give permits for their estates (go figure lol). These are social housing people so I would expect them to say that it’s not their problem and it’s to do with me and them (PDUK) only? 

Fruitcake

The signs are awful. No entrance sign. The first sign is on a wall at right angles to the direction of traffic. The next sign is round the corner on a wall, so would be behind and over the driver's right shoulder. Another sign is between windows.

It's the responsibility of the landowner and whoever employed the parking company.
Plan A is always the best option.
Not supplying a permit would frustrate the contract, therefore no contract can have been offered, considered, or accepted.

Coupon-mad

Complain by email to Mears Hyde and ask how on earth a contractor is meant to work there, when there are no permits but the sign says there are?

The reason for doing that email first is to get a written reply, to gather evidence for IAS stage that there are no mechanisms to obtain a permit, so any contract is void for impossibility of performance.

Kayloh

Just to put this into context: I’m self employed but I use a company that works with social housing to fill in any days where I cannot get private work. 

I called one of the managers and they said they would get in contact with Mears Hyde as we do have contracts with them. 

Pretty much just said that they don’t deal with civil matters including parking disputes. I would have to go directly to PDUK. 

Should I still attempt plan A? I do want to remain anonymous to Mears Hyde as I have a feeling they would complain to the company that provides me work. Stating that they want to make it clear that they don’t deal with civil matters etc. I don’t know if I’m over thinking that though. 

Fruitcake

Plan A, complain to the landowner as registered keeper, and managing agent if there is one.
Employing an unregulated private parking company is also a civil matter, so they obviously do get involved with them.

Kayloh

Hi everyone,

Just a quick update. 

I've spoken to another manager from Mears who stated that I should've been on the parking white list but they have now updated the list and therefore I shouldn't get any more tickets in the future on those estates. However, they said they cannot do anything about the current ticket and that I would have to contest it with PDUK. 

I now have emails of the updated list from 31/03/2022, but from what I have read from the 'NEWBIES' post, I have exhausted plan A. 

Just so that I am clear on the next step regarding plan B.

These are IPC members (as per the photo - Bottom left of sign) following the instructions I have to wait for an NTK to arrive between days 29 and 57?  Once it has arrived I use the template provided and appeal directly to them? Would I need to send the emails that I have acquired showing that I am a tradesman working for their clients as well? The issue with the new list is that my name appears next to my VRN, so if they check it now they can easily acquire the named driver. 

Should I stick word for word on the template or is there something I could add?

As of writing this post, it is day 18 since I received the PCN on the 24/03/22. 

Many thanks to everyone!

Coupon-mad

I've spoken to another manager from Mears who stated that I should've been on the parking white list but they have now updated the list and therefore I shouldn't get any more tickets in the future on those estates. 

But a phone call was no good:

Coupon-mad said:

Complain by email to Mears Hyde and ask how on earth a contractor is meant to work there, when there are no permits but the sign says there are?

The reason for doing that email first is to get a written reply, to gather evidence for IAS stage that there are no mechanisms to obtain a permit, so any contract is void for impossibility of performance.

Don't use the template.  May as well appeal as driver now (no delay) asking why the system failed and why PD UK had not added your VRM to the white list.

Meanwhile ask that other Manager to confirm by email what went wrong and that you were always 'authorised' and were NOT required to display a permit.  Mears want this PCN cancelled and have supplied this email in support of your appeal.

You need that evidence.  Not phone calls and a late-updated list.

Kayloh

Site: Cotton House, SW2 4LA Issue date: 24/03/2022

27/04/2022

Thank you for your appeal received on 26/04/2022 regarding the above detailed Parking Charge Notice. We have reviewed the case and considered the comments that you have made in conjunction with the evidence gathered by the parking attendant. Our records show that this notice was correctly issued as your vehicle was parked in a way which breaches the Terms and Conditions of Parking.

This PCN was issued because the vehicle was found to be parked in a permit holders only area and failed to display a VALID parking permit.

We understand you were contracted to work on site however please note the vehicle was not on the whitelist at the time of the contravention. As shown on the evidence submitted by yourself, the email confirming that the vehicle is on the whitelist was sent on 31st March 2022. The date of the contravention is prior to the vehicles being placed on the whitelist. Unfortunately as the vehicles was not on the whitelist at the date of the contravention this PCN has been issued correctly.

As no valid parking permit was displayed, your vehicle was parked in DIRECT BREACH of the terms of parking as set out on the warning signs - the terms are clear and do not make any exceptions. The warning signs are unequivocal in its terms. The driver is not discharged the responsibility of having to park in accordance with the terms of parking at the time of parking. This PCN has been issued correctly.

Furthermore, all of our warning signs prominently displayed a 24 hour customer service telephone number which you could have called in the event of any uncertainty when parking on site and had you called the number upon your arrival, you would have been advised which steps to take in order to avoid receiving a PCN. We must remind you that it is the driver's responsibility to ensure that the parking restrictions in force are actively observed and adhered to when parking on PRIVATE PROPERTY and we would advise that you do so in the future in order to prevent any further PCNs being issued. Regrettably, we can only cancel a PCN if it was issued incorrectly or if the contravention did not occur and are unable to do so based on the grounds of your appeal.

Unfortunately on this occasion, we are forced to uphold the PCN as it was issued correctly. We have now extended the discounted payment period by 14 days to allow you time to pay the discounted settlement amount. Please now make payment of £60 to reach us by 11/05/2022 or £100 to reach us by 25/05/2022. We must advise you that once the discounted settlement rate passes it will not be offered again. You now have a number of options;

1. Pay the parking charge notice. Payment can be made online at www.parkdirectuk.com or by calling the automated payment line on 0845 026 7158

2. You may also make an appeal to the Independent Appeals Service (IAS) on the following website www.theias.org quoting the Parking Charge Notice number and the Vehicle Registration number within 21 days from the date of this letter. If you opt for independent arbitration of your case, you will lose the opportunity to pay the lower amount and £100.00 will be payable in the event your appeal is rejected.

Please note that the IAS is unable to waive a parking charge notice due to mitigating circumstances and a decision will be based solely on the facts and evidence. You may appeal on any ground which undermines the lawfulness of the charge or which otherwise affects the suggestion that you are liable for it. Please note that if you opt for the IAS appeals process, all evidence collected relating to this case will be submitted to the IAS. We would like to advise you that we do not enter into multiple appeals and we will not enter into any further correspondence in relation to this appeal. If you choose to send us another appeal, we are afraid that we are unable to log or answer it.

Yours sincerely,

Appeal Department Park Direct UK Ltd

Kayloh

Hi everyone, it appears my appeal did not work despite showing them emails that I should’ve been on the whitelist from August 2021. 

Does it seem odd that they are offering the discount price again despite the initial 14 day period has ended? It seems like a scare/bully tactic to me.