Two Parking "Offences" at same location - one cancelled on appeal, second refused

dj100

Hi all,

As always thank you in advance for any advice provided for the below situation.

I was issued with two PCNs for parking at the same location (opposite side of the roads). I used the below appeal and CPM agreed to refund one but not the other (reasons for which are below).

Q1: Am I able to use the successful as a rebuttal for the other if I take it further? If so advice on how to approach this would be gratefully received

Q2: For similar offences in the past that I have paid am I able to try claim them back?

Appeal correspondence

Dear Sir or Madam,

Ticket number: xxx

Vehicle registration number: xxx

You issued me with a parking ticket on 25.01.2024 but I believe it was unfairly issued. I will not be paying your demand for payment for the following: 

• There was insufficient signage

The car park in question has no clear signage to explain what the relevant parking restrictions are. This means no contract can be formed with the landowner and all tickets are issued illegally. The evidence you provide is not near the parking spot in question and is not even clear as to which areas require permits.

 ·      The notice to keeper is incorrect

The Notice to Keeper failed to meet the obligations of Schedule 4 of the POFA Act 2012.

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter. 

Reply 1:

We write to acknowledge receipt of your recent online appeal against the issuing of a Parking Charge Notice (PCN) to your vehicle.

 Please be advised that on this occasion your appeal has been upheld and the above PCN has now been cancelled. We have now removed your details from this PCN.

Reply 2:

Thank you for your appeal against the above Parking Charge Notice.

At UK CPM we consider all appeals on a case-by-case basis. We take each appeal very seriously and thoroughly investigate any evidence that has been provided. We appreciate your circumstances and understand this is not a situation anyone would like to find themselves in; however, these parking conditions have been put in place to ensure fair usage for all motorists and support the needs of our client. After careful consideration, it is unfortunate that I am writing to you today to advise that on this occasion, your appeal has been unsuccessful.

The decision to uphold your parking charge notice has been made on the following basis.

Whilst we note the comments and reason for appeal, as per our photographic evidence, the vehicle was parked in contravention of the advertised terms and conditions. As the vehicle was parked without a valid permit on display, we can confirm that this PCN has been issued correctly.  

 You have now reached the end of our internal appeals procedure and therefore you now have two options; either pay or appeal to the Independent Appeals Service (IAS) - you cannot do both. 

To make payment of the total amount due as shown above, please use one of the following payment options;

• Online: www.paymyticket.co.uk
• Telephone: 0345 463 4040 (24hr)
• Post: Payments & Collections, PO Box 3114, Lancing, BN15 5BR

Alternatively, if you do not agree with your internal appeal outcome and you wish to dispute the matter further, as you have complied with our internal appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service providing you lodge an appeal to them within 21 days of this rejection.

The Independent Appeals Service (www.theIAS.org) provides an Alternative Dispute Resolution scheme for disputes of this type. If you decide to appeal to the IAS, you will need to visit their website and use your PCN reference and corresponding vehicle registration. All PCN's will be uploaded to the IAS website by the end of this working day.

If you appeal this charge further then you will lose the ability to pay at the reduced rate (if applicable). In the event that your IAS appeal is unsuccessful, the full amount for the PCN will then be payable. If you lodge an appeal with the IAS and then subsequently pay the charge prior to that appeal being determined, then the appeal will be withdrawn, and you will not be given a further opportunity to contest the charge.

If you do not wish to dispute the matter further and payment is not received within 28 days of the date of this correspondence then additional charges may be incurred, for which you may be liable. If the charge continues to remain outstanding, the matter may be later referred for litigation in the County Court which could result in a County Court Judgment being made against you; this may impact on your ability to obtain credit in the future.

fisherjim

Well you were lucky the scammers cancelled one charge, but no surprises they didn't the other they are just greedy, but I wonder if the other side of the road isn't actually where they are supposed to operate and they just try it on?

A few points:

You did not commit an "offence".

They did not issue anything "illegal"

What do you mean "take it further" if you mean to the IAS don't bother they are in on the scam.

As for getting you money back for invoices you have paid, you do not stand a chance don't waste your time, why did you pay them in the first place?

Why do you keep getting invoices at this location and where/what is it?

You are in pay up (not recommended here) or wait for their next move mode now but that's up to you.