Submitting an appeal - Did not leave the vehicle

PJPepero

Hi, I would like to appeal a PCN I received today and would appreciate any feedback I could get before submitting it

Here are some background, the vehicle was parked on a double yellow line within an area which is monitored by Parking Control Management Ltd (PCM). The driver never left the vehicle, although one of the passengers did, but within 5 minutes she returned to the car and the vehicle left the area

The reason for the PCN is "Parked within restricted area", however, the parked vehicle is not outside anyone’s property or drive. Looking at the evidence, it looks like an ANPR camera was used, so they will be able to determine the above is correct? I would also point out the photographic evidence it gave me was not very clear, ie even if I increase the size of the image, I cannot see the car reg clearly. So I am not sure if I should point this out as well, considering I am giving so much detail of how long the vehicle stayed, etc, it’s kinda obvious that it is my vehicle

Any help would be appreciated! Many thanks

Coupon-mad

It won't 'work' (nothing works) but that will do.  

You'll know from reading NEWBIES PLEASE READ THESE FAQS FIRST that you can't win on appeal and that we provide a template appeal there - but yours is just as good.

You'll also know from the 3rd post of that sticky thread (that everyone needs to read first) that you won't win at IAS either.  Only 4% of assessed cases are upheld for consumers...lol...wonder why?!

No paying of course. Give it all a go.

Le_Kirk

Being in the vehicle is still parking, the only mitigating factor might be that you were stationery whilst you read the signs to se if there were any parking restrictions.  Where was the parking, was it a residential area such as flats/apartments etc?  You should have been given a consideration period before being issued a PCN.  

PJPepero

Thanks Coupon-mad and Le_Kirk for your replies! Much appreciated

Being in the vehicle is still parking, the only mitigating factor might be that you were stationery whilst you read the signs to se if there were any parking restrictions.  Where was the parking, was it a residential area such as flats/apartments etc?  You should have been given a consideration period before being issued a PCN.  

The controlled area is residential, but I parked outside a construction area where they are building new flats\apartments (Not sure if it makes a difference)

Umkomaas

PJPepero said:

Thanks Coupon-mad and Le_Kirk for your replies! Much appreciated

Being in the vehicle is still parking, the only mitigating factor might be that you were stationery whilst you read the signs to se if there were any parking restrictions.  Where was the parking, was it a residential area such as flats/apartments etc?  You should have been given a consideration period before being issued a PCN.  

The controlled area is residential, but I parked outside a construction area where they are building new flats\apartments (Not sure if it makes a difference)

Doesn't make any difference, if you're inside the PPCs 'territory' you're vulnerable.  Their whole raison d'être is to penalise motorists; you've fallen foul.  This will take a while to resolve, probably via a court claim and you defending robustly in due course - maybe next summer. 

PJPepero

Thanks for your input Umkomass, much appreciated

Coupon-mad

Like I said though...give the hopeless so-called 'appeal' stages a whirl, just for the laugh and to look reasonable.

You never know. A scandalous 4% of consumer cases are upheld at IAS but in a fifth of ALL cases referred, the PPC back out, to save money or whatever.

PJPepero

Thanks for your reply and the statistics. I will definitely send my appeal through soon..

Out of interest, previously mentioned I should have a consideration period, is this still relevant if I was on a double yellow line and not a parking spot?

fisherjim

Double yellow lines on private land are not the same as on the street, they are another part of the scam they operate, they mean what ever the scummy parking company want them to mean to target victims.

By copying a nation wide road marking but altering its meaning, and hiding that in the small print of signage that you need to get out to read you could say it's entrapment.

PJPepero

Wow! Thank you for your input fisherjim. That is really interesting!

Coupon-mad

On a 'normal' double yellow (on street) you are perfectly entitled to drop off or pick up passengers.

So it is certainly seen as entrapment that PPCs copy them but pretend they mean 'no stopping'.