PCS (PESS) - PCN for parking at visitor bay without a valid permit

buppa1

Hi, 

I am going to challange a PCN received for parking at visitor bay without a valid permit.
I am going to add a few more information to the one size fits all template. 

Could you please check if I am not saying something that may put me at a disadvantage?
Knowing PCS they will refuse the challange anyways.

"In order to resolve the dispute I attach photos of the vehicle having a permit displayed.

Please note that I am a resident of the development and in April we received an e-mail from the management saying that "almost 30% of the new permits have been printed incorrectly and will need to reproduced before issuing, Please be assured that no parking penalties will be issued to those displaying an out of date permit until their new one has been issued." I never received neither a new permit (in previous years they were delivered to post boxes) nor a notification to collect a new permit from the concierge.Therefore the out of date permit has been displayed.

Please note that in case the challenge would be refused by you I am going make an appeal to POPLA." 

KeithP

Does PCS = Parking Control Solutions Ltd?
Does PESS = Parking Enforcement and Security Services Ltd?

Why have you mentioned both?

buppa1

PCS = Parking Collection Services (parkingcsl.co.uk) - this is who issued the PCN.
PESS = Parking Enforcement and Security Services Ltd (quoting the PCN: "... the vehicle was parked on private land managed by our client Parking Enforcement and Security Services (The Creditor). 

According to the property management PESS is "our" enforcement company PESS.

KeithP

buppa1 said:

PCS = Parking Collection Services (parkingcsl.co.uk) - this is who issued the PCN.
PESS = Parking Enforcement and Security Services Ltd (quoting the PCN: "... the vehicle was parked on private land managed by our client Parking Enforcement and Security Services (The Creditor). 

According to the property management PESS is "our" enforcement company PESS.

That sounds about right.

From the Parking Collection Services website...
Parking Collection Services is a trading style of Debt Recovery Plus Ltd.

And on that same webpage we see...

 
So they are both an IPC Accredited Service Provider and a BPA Approved Operator.
I didn't think they could be both.

Are you sure PCS issued the Parking Charge Notice?

The fourth post of the NEWBIES thread explains exactly how to deal with debt collectors letters, but to summarise that post - ignore them.

buppa1

I don't believe this is a letter from a debt collector. 
I belive this is a PCN sent on behalf of PESS.
I got a windowscreen notice, I didn't challange it and I got a letter (after about 5-6 weeks from the notice date).

Coupon-mad

Yes PCS do the back office work for PESS, so we've seen this before and the fact they unlawfully add a tenner, which breaches the POFA 2012 and the BPA CoP.

I also notice that the NTK is (as well as the above £110 issue) non-POFA compliant in another way, as it suffers from the same wording omission identified by POPLA here:
https://forums.moneysavingexpert.com/discussion/comment/80382196/#Comment_80382196

Easy to appeal as keeper saying the NTK is not compliant. Do the same at POPLA stage, copying chunks of relevant wording from the ECP POPLA appeal linked.

Don't forget the first point about exceeding the BPA CoP maximum £100. Which is also a POFA breach because Schedule 4 says as a matter of law, that the maximum sum that can be recovered from the keeper is the parking charge as it stood at the time of the Notice to Driver (£100, not £110).

As long as the keeper doesn't say or imply who was driving the appeal should certainly win.

buppa1

Thank you. 
It that case I will not include the information about the out-of-date permit from the first post (I may add them at the POPLA stage, do you it could help?). 

I will just you the fit for all template adding the points why the NTK is not compliant.

UncleThomasCobley

Why do people redact the dates when they are crucial for determining PoFA? Dates of parking event and dates of the PCN/NtK are required. Don't redact them!

If this is a residential parking issue, what does your lease/AST say about parking and permits? What it doesn't say is equally important. Go read it and come back when you have discovered who has primacy of contract, you or the parking company.

KeithP

Well the penultimate line on the back of that Parking Charge Notice you have shown us repeats the words I used earlier...
Parking Collection Services is a trading name of Debt Recovery Plus Ltd.

Ok, not quite the same - the word 'style' has been replaced with the word 'name'.

Coupon-mad

KeithP said:

Well the penultimate line on the back of that Parking Charge Notice you have shown us repeats the words I used earlier...
Parking Collection Services is a trading name of Debt Recovery Plus Ltd.

Yes but when a DRA issues a NTK it's very different, so this isn't right:

"The fourth post of the NEWBIES thread explains exactly how to deal with debt collectors letters, but to summarise that post - ignore them."

No, it's non-POFA so appeal it as KEEPER.

KeithP

And whilst looking at that Parking Charge Notice, where on earth did the figure of £110.00 come from?

What do the signs in the car park have to say about the parking charge amount?