PCN PRIVATE CAR PARK (outside bay)

PCNsuck

Hi, I've had a read through all of the newbie thread etc and a few similar cases to mine but I've still not found an exact match and I'm unsure what to do.

I've been issued a PCN for parking "outside of marked bay" the photo provided shows the car not in a marked bay at all, no lines either side but not taking a space for another vehicle. However, driver had a toddler in the vehicle and there are only 4 bays for parent and child (the other end of the large retail park) all of which were full.
The area the car was parked in was not a marked bay but the other stores have bays in the same location (infront of the shop doors) for safety of the child the driver had parked in this area.

Do I have a leg to stand on? Where do I go from here?

KeithP

Hello and welcome.

When reading the opening post on the NEWBIES thread, did you see the blue text template appeal easily found there?

The keeper of the vehicle needs to be sending that template appeal to the parking company.
Who is the parking company?

Where exactly did this alleged parking event take place?
Has it featured before on this forum?

Le_Kirk

Did you complain to the store that you were visiting and where you spent money?

PCNsuck

UKCPS is the company @KeithP
What do I do when they come back to me with evidence of their claim?

I've not seen another thread with this same car park

@Le_Kirk they've told me there's nothing they can do, and I wasn't really sure what to say after that, this is the first time this has happened to me and I'm worried about what's going to happen if I appeal/ignore it

KeithP

PCNsuck said:

UKCPS is the company @KeithP
What do I do when they come back to me with evidence of their claim?

One step at a time.

Have you now sent that blue text template appeal to UKCPS?

PCNsuck

KeithP said:

PCNsuck said:

UKCPS is the company @KeithP
What do I do when they come back to me with evidence of their claim?

One step at a time.

Have you now sent that blue text template appeal to UKCPS?

It only came through a moment ago so I'm going to send it in a couple hours when I have some time where I'll not be otherwise occupied 

Le_Kirk

PCNsuck said:

@Le_Kirk they've told me there's nothing they can do, and I wasn't really sure what to say after that, this is the first time this has happened to me and I'm worried about what's going to happen if I appeal/ignore it

I would tell them that, even though you have enjoyed shopping at their store over the years and have probably spent £X,000, this was your last visit and neither you, nor any of your friends or family can afford to shop there if every visit comes with a £100 surcharge.  They always say that but somebody contracted with the PPC, they didn't just rock up and stick their signs all over the parking spaces!

PCNsuck

@KeithP upon looking to appeal, there are further photos including the sign which indicates that the vehicle must be parked within a marked bay. 

So sending the text template will only mean they resend those photos already provided.

I can send 

"Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn."

But where does this get me?

Le_Kirk

It lets the PPC know that you are not just going to roll over and pay; it gets you to the next level of appeal  and therefore the useless IAS appeal system.  Only 4% of appellants have their appeal upheld but it tells the judge that you tried to "narrow the issues" if it gets to a court hearing.

PCNsuck

Le_Kirk said:

It lets the PPC know that you are not just going to roll over and pay; it gets you to the next level of appeal  and therefore the useless IAS appeal system.  Only 4% of appellants have their appeal upheld but it tells the judge that you tried to "narrow the issues" if it gets to a court hearing.

If it gets to a court hearing, I've got no means to pay for legal fees, nor someone to support me. (A solicitor etc)

I have a family to worry about and any thinking about excess fees are causing severe anxiety.

I don't like my odds here, and writing to them what I stated above feels like I'm asking for trouble

Le_Kirk

It is the small claims court and you don't need a solicitor, you just use the free knowledge you will gain from reading this forum.  Legal fees for the claimant (if you lose a hearing) are capped at the claim fee, hearing fee and maximum £50 solicitor costs.