PCN by post after parking on a development while staying at an airbnb

Remedy_one

Hi everyone, thank you ever so much for all the info in the newbie thread and other discussions - what an overwhelming amount of information. However, I have some questions still and wonder if someone has a minute to reply.

So the above mentioned PCN (in fact, 2 of them) came by post yesterday from CPM (UK Car Park Management) after I stayed at an Airbnb for 4 nights last week - my understanding from the listing was that I can use one of the bays by the building where the flat was. There are CCTV images on the notices one timed 00:49, the other 04:19. The notice says 'it was parked in breach of the terms and conditions of parking at xxx Development making the driver liable for a parking charge.' They are a member of IPC. 

Then: 'The period of parking to which this notice relates is the period immediately preceding the incident time stated above' and the reason for issuing the parking charge is given as 'No Permit'.

The charge of £100 per PCN is due within 28 days and a discounted charge of £60.00 applies to be paid within 14 days. 

There is also a photo of a board with miniscule writing, pinned to the corner of the building, saying 'Parking Conditions' probably stating there is no parking allowed (there is a tel number on the board - acc to google, it is UK CPM). No idea if the board is BPA standard or not - have not found.


Now the questions.
1. Naturally, having read the discussions here, I am going to appeal. The advice here though is to complaint against the private car park charges asap. What will complaining rather than appealing do? Will they not wait out for 2 weeks to reply and then the charge increases?
2. Also, I was the driver, but the PCN is issued in my husband's name as the car is registered to him. The advice here is not to say who the driver was, although the PCN suggests transfer of liability and gives details on how to do it. Can someone explain why, if I understood correctly, I should not disclose who the driver was? is this not an offence?
3. The advice is also that if the images are obtained on CCTV there should be a clear indication that CCTV is in operation and that alone should win the appeal. Where would I find a regulation about that - BPA site?
4. Also, will notices for the other 2 nights arrive - I have only 2 so far.



THANK YOU SO MUCH FOR ANY HELP.

Le_Kirk

You complain to the airb'n'b in the first instance as they failed to either warn you about or give you, a permit!

Remedy_one

Thanks, Le_Kirk. I have written to the aribnb. No reply so far. The listing did mention free on street parking, which I interpreted as 'off street'. So not holding my breath. 

Remedy_one

Also, if I do Transfer of Liability, does this mean I get extra time for appealing/complaining as in I need to wait first until they send *me* the PCN first? Doesn't help we're going away early next week!

Remedy_one

So the most burning questions now are, do I appeal online or complaint, do i defo not bother with transfer of liability and not say who the driver was?

Coupon-mad

Depends which of you is most robust because the appeal is a farce, so one of you will end up defending these in small claims court.

Decide now who the best one to do that (with our help) will be.

Remedy_one

Thanks Coupon-mad. A bit confused - I thought, having read the threads, that you lose an appeal and go to POPLA? Small claims court does not sound appealing at all - plus I'd be arguing £120 x 4 by then!

Coupon-mad

You will have to argue against about a grand in court.  Which of you is the better writer, researcher and speaker?

You need to re-read the NEWBIES thread about IPC firms and the IAS. You won't win the appeal.

Remedy_one

Re "you won't win the appeal" - is this because they are with IPC and not BPA? I was going to appeal on the grounds of an inappropriate parking sign (not BPA compliant) and question the right of the land owner to apply penalties, like many are advised here and use the template. Why is this clear that I won't win the appeal (no chance to go to POPLA and not IPC?)

Umkomaas

IPC operators do not use POPLA. You have no prospect of appealing to POPLA. IPC operators use the IAS as their second stage appeal provider. The IAS has publicly stated that they find only 4% of appeals in favour of the motorist. They are part of the same stable as Gladstone Solicitors, the IPC, and funded by the IPC operators. Do the math. 

Better odds on winning the lottery!

Remedy_one

Yes, i did read that IAS is a kangaroo court. I was hoping that there is still an option to go to POPLA though. Is there any point in contacting CPM and ask them to reduce the charge? Do such things happen?