Pcn issued but have a permit

mlp3

My son recently moved into his own house, the parking outside is complicated. Some parts are council operated , others are a private company. I parked in his allocated bay and went to get then permit from him. He doesn't drive but is Autistic so he likes to keep it, and it can take him a few minutes to get it. Went back to car and put the permit in. Few weeks later I received a Pcn from ukcps. I appealed and lost, appealed to ipc and lost. They said its because I left the car.  Note that his carpark does not have any signs up when you enter, and the person who took the photos and reported the pcn live in his square. The charge went from 60. To 170 after I lost the appeal. Now it has been passed onto CST law who are threatening with court. Any ideas on what to do. This has all happened with 3 month

Half_way

What does the lease/ rental agreement say about parking?
Is this a space allocated to the property?

mlp3

There is a space allocated. He says there's nothing in the lease about parking, but with his autism he won't let me read it

Coupon-mad

You can ignore UKCPS, unless they issue a claim which they are not known for.  IAS was a waste of your time, as I am sure you realised when you read the NEWBIES thread and realised that it has been described by right thinking people as 'bent' (a kangaroo court).

Of course you must be allowed a grace period to fetch the permit on arrival.  Easy to defend in court if it ever happened.  

You must only contact UKCPS if you move house within 6 years. And of course if a court claim arrives you must defend.  Don't hold your breath, this is nothing!

Keep all letters. No binning them.

fisherjim

If there is no signage there can be no contract formed with the PPC who are only there to scam money out of people, and this sounds like a self ticketing operation where the weasel that reported the vehicle will be getting a back hander.

mlp3

I would love to know which neighbor it is. To be honest there all quiet snobby and some photos  were aimed at my rust and nowhere near where a permit would be🤔

hullensien

@Coupon-mad

I managed to get a PCN cancelled that was issued to a guest of one of our residents. I then lodged a complaint with the BPA about the conduct of BaySentry. One of the points was the failure to allow a grace period. It’s very similar to this one. Guest parked up and had to pass through 2 sets of resident controlled doors then up 3 flights of stairs to get the permit. When she got back she had been ticketed. A total time of approx 7 minutes when there was no permit on display. This was the response from the BPA.

13.1 The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes.

13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place.

13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN.

 

I can advise that the 10 minute exit grace period mentioned in our Code of Practice only applies at the end of a paid or free period of parking.

In light of the above, I can advise that there has not been a breach of the Code of Practice in this regard.

Half_way

mlp3 said:

There is a space allocated. He says there's nothing in the lease about parking, but with his autism he won't let me read it

The lease is absolutely critical here, as with all own space/ allocated space issues.

mlp3

hullensien said:

@Coupon-mad

I managed to get a PCN cancelled that was issued to a guest of one of our residents. I then lodged a complaint with the BPA about the conduct of BaySentry. One of the points was the failure to allow a grace period. It’s very similar to this one. Guest parked up and had to pass through 2 sets of resident controlled doors then up 3 flights of stairs to get the permit. When she got back she had been ticketed. A total time of approx 7 minutes when there was no permit on display. This was the response from the BPA.

13.1 The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes.

13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place.

13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN.

 

I can advise that the 10 minute exit grace period mentioned in our Code of Practice only applies at the end of a paid or free period of parking.

In light of the above, I can advise that there has not been a breach of the Code of Practice in this regard.

How did you get them off with the PCN?

hullensien

PPC didn’t have planning consent for signage and critically the lease didn’t require residents or guests to display permits and no ballot had taken place either to override the lease. You need to see the lease - look for anything regarding display of permits
Some great threads on here with regard to defences on residential parking

Coupon-mad

@mlp3 you do not need to try to 'get off' your UKCPS PCN (and they are not in the BPA).

Ignore them, collect the laughable £170 demands snd live your life. Come back if they try a claim within 6 years.