PCN for displaying permit in wrong car window

hb2022

(throw away account, England)

Greetings!

I received a PCN on my windscreen in privately managed parking.  This was outside my house, where I am allowed to park as a local resident.  The road is open to the public and not gated etc.

The PCN was because the permit was not "in my windscreen".  This was instructed in writing on the back of the permit and the parking signs.

My permit was stuck on a different car window, in full view.  Their evidence photographed all windows of my car EXCEPT the single window with the permit (no lie, by the way, it is my household permit and has been there for months).

I think there are two issues in my favour:
1) They either deliberately did not upload the photo of the permit or "forgot" to photo that window.  Why take photos the non-windscreen windows if they are not relevant?
2) "Regulation 30 of the Road Vehicles (Construction and Use) Regulations 1986 (SI 1986 No. 1078 as amended) requires that [...] Windscreen stickers, or other obstructions, shall not encroach more than 40mm".

Their permit is actually 80mm, therefore it seems I would have to break the law to adhere to their terms.  I did actually move it from my windscreen because it did indeed obstruct my view of the road.

This has all been communicated to them as well as my intention to not pay and go to court.  An IAS appeal is offered but I understand this is usually unsuccessful.

Does anyone have similar experience?! Should I be laughing? Many thanks!

KeithP

Which parking company?

hb2022

Parking Control Management (PCM) of Slough.

Thanks Keith

UncleThomasCobley

If/when you receive an LoC then re-read the second post in the Newbies/FAQ thread and follow the advice there. In the meantime just ignore any debt collector letters.

You could try Plan A in the meantime... complain to the landlord/landowner and complain to your MP.

Fruitcake

What does your lease/AST/property ownership/rental agreement say about parking, parking companies, parking charges, paying parking charges, and court?
What is doesn't say is equally important.
Your agreement has primacy of contract over anything an unregulated private parking company has to say.

hb2022

Fruitcake said:

What does your lease/AST/property ownership/rental agreement say about parking, parking companies, parking charges, paying parking charges, and court?
What is doesn't say is equally important.
Your agreement has primacy of contract over anything an unregulated private parking company has to say.

I'm the home owner and there was no contract for parking ever shown to me on purchase or by post.  PCM just issue new permits every few years.  PCM's responses say that by displaying the permit I have agreed to their terms.

I guess I'm hoping that their requirement for windscreen display doesn't supersede the Regulation 30 clause.

Coupon-mad

It doesn't.  You have primacy of contract.

You should have opted out of the permit scheme years ago.  It offers you nothing of value.

PCM are ex-wheelclampers. This is them:

http://parking-prankster.blogspot.com/2015/05/is-it-pcm-uk-who-make-up-stuff-all-time.html?m=1

We beat them in court all the time. No worries.

UncleThomasCobley

hb2022 said:

I'm the home owner and there was no contract for parking ever shown to me on purchase or by post.  PCM just issue new permits every few years.  PCM's responses say that by displaying the permit I have agreed to their terms.

I guess I'm hoping that their requirement for windscreen display doesn't supersede the Regulation 30 clause.

If you own the home then you will have lease agreement for the land as it is most likely a leasehold. Go dig out your lease and read up on what it says about parking. What it doesn't say is equally important. Come back and tell us when you find out.

hb2022

Finally got hold of my documents: it’s a freehold house. No reference in any deeds in parking since my property became privately owned decades ago. The sole reference to parking is the previous owners declaration that parking is available on the road in question.

 My MP has written to the parking company. A debt collector letter arrived which I’m ignoring.

Half_way

who appointed pcm?  knowing the answer to that  that is important
does anything in your lease say that you agree to pay a third party a certain fee for not complying with some rules they made up?



what if they said paying charge of £100 for any car that isn't red?
 what if they said you need a permit to flush the lavatory after 10pm or pay £50 per flush?

1505grandad

"...it’s a freehold house."

Who is the freeholder?