PCN on my own private allocated car parking bay G

Thekisspainting

PCN on my own private allocated car parking bay G

Hi All,

Long story short, I was fined because my permit dropped [was not visible] when I was using a temporary courtesy car, whist my car was on the body shop!

1.        My Address: My home, xxx;
2.        Parking Address: My own Bay X, xxx;
3.        27/12/2022 started courtesy cart agreement  with Enterprise due to own car been taken in by bodyshop after another vehicle unlawfully collided against mine;
4.        Date of patrol 29/12/2022;
5.        PCN received by Enterprise 13/1/2023 with £35 admin fee;
6.        14/01/2023 Online Appeal - PCN: 5000xxxx - VRM: HV70xxx - Appeal Ref: A0298xxx
7.        02/02/2023 Online Appeal - PCN: 5000xxxx - Refused
8.        05/02/2023 Appealed with IAS;
9.        21/02/2023 IAS refused: ""...As a genuine permit holder and in the circumstances are as described, the Appellant has my sympathy, but the guidance to the appeal is clear that I may only consider legal issues not extenuating circumstances. The Operator has this discretion, but they are unlikely to exercise it in the Appellant's favour, in the absence of evidence to support the claim....""
10.     03/02/2023 – I sent a recorded / sign for letter sent to  CPM requesting payment plan £2 month even I still consider totally unfair to apply a non-intentional fine;
11.     09/03/2023 - I emailed the copy of recorded / sign for letter sent on 03/02/2023 to  CPM requesting payment plan £2 month even I still consider totally unfair to apply a non-intentional fine;
12.     29/03/2023 - CPM sent letter saying they dont do payment plans and informing to debt collection option [3 letters on the same day];
13.     30/03/2023 - My recorded / sign for letter sent to  CPM requesting clarification for the legal grounds why not accepting payment plan;
14.     04/04/2023 - CPM Email reply saying they dont offer payment plan [probably reply to my email from 9th of March]
15.     04/04/2023 - I email back asking why so unwilling to offer payment plan method?
16.     07/04/2023 – I open a petition with petition.parliament.uk ““Change how Car Park Management Companies issue PCN to Resident Property Owners””;
17.     Register with Citizen Advise Bureau;
17.     11/04/2023 – Petition Rejected: “”We can only accept petitions about things the Government or Parliament are directly responsible for. Decisions about terms and conditions for resident permit parking schemes, and enforcement of these, are a matter for relevant local authorities, not the UK Government or Parliament. You could raise your issue with a local councillor who represents you. You can find out who your local councillors are, and how to contact them, by entering your post code here: gov.uk/find-your-local-councillors”;
19.    15/04/2023 – Register query with Citizen Advise Bureau; 

20.    11/04/2023 – Emailed councillor [1 - Conservative] Jordan B. [still no reply or any feedback];
21.    11/04/2023 – Emailed councillor [2 – Independent] Joss B. [still no reply or any feedback];
22.    21/04/2023 – Received standard email from Citizen Advise Bureau;
23.    25/04/2023 – Received letter from debt Recovery Plus;
24.    26/04/2023 – Called to confirm if they knew the nature of the fine and that I asked to agree a payment plan with CPM? They replied the stereotyped answer … “there were signs on the car park”. I clarified that I communicated with CPM, that I could only afford a “”payment plan £2 month”” [even I still consider the PCN totally unfair], they replied that the minimum they do is £18 per month, to which I said I cannot afford that amount, … and they threatened to take me to court. I asked that I needed him to email what we discussed and he refused and said he was ending the conversation!!;

25.    27/04/2023 - CPM Replied to my email from the 4th of April saying hey dont offer payment plan, without giving the legal reasons why they refuse to offer payment plan;

26.     I will now probably, be taken to court and cannot afford any legal matters, so will contact Citizen Advise Bureau to ask what free services exist on the market just so i know whats coming ahead. I welcome every guidance to network here.

 

 

Mouse007

STOP

Welcome and well done for finding us

DO NOT return to the useless Citizen Advice Bureau

DO NOT make any further offer to pay

DO NOT talk to or worry about PCM

You are not going to pay anything

Residential parking charges are easy to win, but you need to do some reading

Start here http://parking-prankster.blogspot.com/2016/11/residential-parking.html

Then follow my son's story here https://forums.moneysavingexpert.com/discussion/6357887/case-won-student-accommodation-with-free-parking/p1

Once you have done that you should understand a little more about the legals and start to look at your paperwork. What does your lease say? What do the signs say?  When did the private parking company arrive?

Chances are you have the right to park and the parking company have no actual legal right to issue PCN's (they ARE NOT Fines).

Thekisspainting

I will read over the weekend. Thank you so much. 

fisherjim

Please stop this scattergun approach and follow Mouse007 advice, you are dealing with nasty greedy scammers not an authority, it is not a fine, you need to calm down.

A Private Parking Company is not a credit broker they cannot offer a payment plan they would need to be registered as such to do that. In any case they just want money in sack loads not dribs and drabs, don't offer anything to debt collectors either you don't have a debt.

Come back when you have digested the info on here.

B789

When you've calmed down, read the articles as advised by @Mouse007 and read the advice by @fisherjim, you should then read the Newbies/FAQ thread which is filled with everything you need to know about the scam you are in.

It is such a shame that you hadn't discovered this forum before you wasted all your energy with your detailed campaign in your opening post. You have broken several cardinal rules that we advise about, especially paying the scammers anything, wasting your money on recorded delivery post, communicating with useless debt collectors and wasting your time with Citizens Advice.

You should always refer back to the Newbies/FAQ thread whenever you have a question before posting it here as it is highly probable that the answer is already there. You use it as your go-to reference.

Half_way

Forget about if you are a permit holder or not, if this is your space demised to you then any permit scheme is irrelevant, and has as much relevance as insisting  on a permit to flush your lavatory after 10pm.

Thekisspainting

fisherjim said:

Please stop this scattergun approach and follow Mouse007 advice, you are dealing with nasty greedy scammers not an authority, it is not a fine, you need to calm down.

A Private Parking Company is not a credit broker they cannot offer a payment plan they would need to be registered as such to do that. In any case they just want money in sack loads not dribs and drabs, don't offer anything to debt collectors either you don't have a debt.

Come back when you have digested the info on here.

Thank you for feedback 😊 

Thekisspainting

B789 said:

When you've calmed down, read the articles as advised by @Mouse007 and read the advice by @fisherjim, you should then read the Newbies/FAQ thread which is filled with everything you need to know about the scam you are in.

It is such a shame that you hadn't discovered this forum before you wasted all your energy with your detailed campaign in your opening post. You have broken several cardinal rules that we advise about, especially paying the scammers anything, wasting your money on recorded delivery post, communicating with useless debt collectors and wasting your time with Citizens Advice.

You should always refer back to the Newbies/FAQ thread whenever you have a question before posting it here as it is highly probable that the answer is already there. You use it as your go-to reference.

Thank you. They make you feel that you are I sane and cannot see the reality who's at fault. They are bullies and idont understand what that is even allowed 

Thekisspainting

Half_way said:

Forget about if you are a permit holder or not, if this is your space demised to you then any permit scheme is irrelevant, and has as much relevance as insisting  on a permit to flush your lavatory after 10pm.

That's exactly the point I said to my neighbours that still consider that that's the T&C... of agreement. If I was doing something deliberately to either waste or use people time just for fun, maybe we I would understand... but its one event, not intended and mitigating due to circumstances and they still bully with paperwork and threatening. Its absurd 

Fruitcake

Read your lease/AST/property rental/ownership agreement to see what it says about parking, parking restrictions, unregulated private parking companies, parking charge notices, paying parking charge notices, court, and your right to quiet enjoyment.
What it doesn't say is equally important.

Those are the Ts and Cs that apply to you and all other residents. It's called primacy of contract, and an unregulated private parking company that is not a party to your property rental agreement cannot vary, amend, or take away your existing rights.
To do so would be a derogation of grant. 
The PPC is not offering you anything that you don't already have, so there is no offer, there is nothing to consider, and therefore there can be no contract.
Neither you nor any other residents have a contract with this PPC no matter what they put on their signs. You need to aggressively complain to the landowner and the managing agents and your MP to get this harassment stopped.

Coupon-mad

I will now probably, be taken to court and cannot afford any legal matters, so will contact Citizen Advise Bureau.

Please cancel that appointment.  The CAB are clueless about how to win against private parking firms.  We are not.

And please stop offering UKCPM money.