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NPM: 'No parking permitted' PCN

Hi there 

If anyone could give advice on the aforementioned PCN that would be great.

This PCN was issued in what I believe to be private land, but marked by double yellow lines.

Now I'm genuinely not the kind to flout and disregard rules. The area that this PCN was issued in a non-essential/non-residential/no-through road space, not blocking anyone or any access. This scheme is just a blatant money grab (in my own opinion of course). The car was in position for THREE MINUTES!!

Would there be any grounds for refusal and non-payment?

Signage wasn't clearly evidenced in my opinion, but on second thoughts, after PCN being issued I have noted signage.

Any advice welcome, and apologies if this has been posted in contravention of the forum rules. I did read FAQs but couldn't clearly see an advice for this scenario.

Thanks.

Comments

  • Coupon-mad
    Coupon-mad Posts: 129,032
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    Looks like a secret CCTV camera with nothing to alert the driver that they are being filmed. That's a UK GDPR 2018 breach if so.

    If when you look online, there are only pics spanning 3 minutes then state in the appeal that the driver merely stopped and walked around to check for any parking terms and then left without accepting any contract nor gaining any utility from the stop.  Thus the IPC Code of Practice consideration periods rule was breached.

    Please show the back of the PCN and tell us the parking date, as you wrongly covered that up.  We need to see all dates and the back of the notice.


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 37,035
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    The parking date is on the picture on the PCN - 21st December 2023.   ;)
  • yetneveragain
    yetneveragain Posts: 23
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    edited 15 January at 12:06AM
    The NtK had to have been posted by 2nd January to have been PoFA compliant. The NtK is dated 3rd January thus invalidating any reliance on PoFA to hold the RK liable.
  • BJosh89
    BJosh89 Posts: 6
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    Sorry about that. The date was 24th December:


  • Coupon-mad
    Coupon-mad Posts: 129,032
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    edited 15 January at 12:59AM
    The NtK had to have been posted by 2nd January to have been PoFA compliant. The NtK is dated 3rd January thus invalidating any reliance on PoFA to hold the RK liable.


    Not correct now that the OP has clarified the parking event was Xmas Eve.


    KeithP said:
    The parking date is on the picture on the PCN - 21st December 2023.   ;)
    It's not very readable and you've both confirmed my point! It's actually 24th and I was umming and aahing between the two.

    Hence my question to clarify this, before my super duper bionic eyes (plastic lenses) self-combusted and fell out and forced me to wear glasses again!

     :D 




    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
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  • BJosh89
    BJosh89 Posts: 6
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    Thanks for the advice! I'll give it a go!

    😂
    Coupon-mad said:

    It's not very readable and you've both confirmed my point! It's actually 24th and I was umming and aahing between the two.

    Hence my question to clarify this, before my super duper bionic eyes (plastic lenses) self-combusted and fell out and forced me to wear glasses again!

     :D 


  • BJosh89
    BJosh89 Posts: 6
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    On second thoughts, this is an image that the npm have presented on their 'Evidence' page; a CCTV capture of the signage nearby the vehicle's location. Would the suggested approach still be the same as previous below recommendation or does this change things?



    If when you look online, there are only pics spanning 3 minutes then state in the appeal that the driver merely stopped and walked around to check for any parking terms and then left without accepting any contract nor gaining any utility from the stop.  Thus the IPC Code of Practice consideration periods rule was breached.

  • Coupon-mad
    Coupon-mad Posts: 129,032
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    Do whatever works and defend a court claim if it doesn't.  That sums up the approach.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • BJosh89
    BJosh89 Posts: 6
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    So.. I have received a (inevitable) response to my appeal, stating that NPM believes the notice was correctly issued. 
    In their response (below) they have written that if I wish to dispute any further that I will need to appeal to the 'Independent Appeals Service'/IAS, and that they won't accept any further direct appeal (unmanned email address and appeal portal no longer available for the PCN reference).

    Based on previous advice relating to 'PCN's would advice be to let this response time out, or is it recommended that I appeal to the IAS? 


    "
    We acknowledge the comments made in your appeal however this does not exempt you from the terms and conditions of the site. It is the motorist’s responsibility to review the terms and conditions displayed on site prior to making use of the facilities. The terms and conditions of the site are clear, No parking is permitted on either side of the roadway at any time. The terms and conditions apply regardless of whether or not the driver and/or passenger(s) left the vehicle.

    We find this parking charge to be issued correctly and we are therefore unable to cancel the Parking Charge Notice. We must advise you that once the discounted settlement rate (If Applicable) passes it will not be offered again. You have now reached the end of our internal appeals procedure. You may now either pay the amount due OR appeal further with the Independent Appeals Service. If you still believe that the Parking Charge Notice (PCN) was issued incorrectly, then you may appeal further to the Independent Appeals Service (IAS).

    You may submit an appeal directly to them online using the following link: https://www.theias.org/appeal

    If you wish to appeal to the IAS, you should ensure to do so within 21 days of the date of this letter. Please note, that should you choose to use the IAS, you will no longer be entitled to pay the discounted rate of the charge. If you appeal to the IAS and then subsequently pay the charge prior to the appeal being determined, then the appeal will be cancelled, and you will not be given a further opportunity to contest this charge.

    If you are not appealing to the IAS you are now required to make a payment of £60.00 to reach us by 01/02/2024 or £100.00 to reach us by 15/02/2024 to avoid this charge being passed on to our debt recovery specialist and/or to avoid court proceedings. Please be advised that any further action may incur additional costs.
    "
  • Coupon-mad
    Coupon-mad Posts: 129,032
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    I think you could try it based on what I said, if only because 20% of IAS appeals see the PPC give up.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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