PCN: UK Car Park Management - No Parking on Access Roads/ Roadways

AFC1991

Dear All

I trust this message finds you all in good health.

Please accept my apologies for my inexperience in navigating this situation. Despite extensively reviewing the threads and advice available on the website, I find myself still uncertain about the grounds for appealing this ticket. Therefore, I kindly request your assistance.

The incident occurred when I visited a relative who needed help moving into their new residence. I parked beneath the flat, only to receive a ticket a week later citing a violation of parking regulations on Access Roads/Roadways.

Attached, you'll find images depicting the parking space and the signage in question. The sign indicates "No Parking on Old Flowers Close," yet the actual name of the road is Flowers Close not Old Flowers Close. Could this discrepancy serve as a valid basis for appeal? Additionally, there is no designated no parking bay in the area, as illustrated in the attached pictures.

Should you require any further details or documentation, please do not hesitate to reach out. I sincerely appreciate your guidance and support in resolving this matter.

Warm regards,
J

Coupon-mad

Get the resident to take some photos at night, after 10.30pm to achieve the same lighting conditions.  No flash!  Get them to screenshot their own pitch black photos, so that the time/date shows at the bottom of each image.

Send those to UKCPM with an appeal.    State that you were "briefly stopped only for the purposes of unloading large items to assist a relative who needed help moving into their new residence.  I parked beneath the flat" etc. You can admit to driving.

State that they may as well hurry up and cancel or take you to court with NO third party debt collector stringing it out or adding the laughably extortionate and false DRA 'fee' because the leading appeal case of Jopson v HomeGuard is the authority that supports the defence:

https://www.parkingcowboys.co.uk/wp-content/uploads/2016/12/JOPSON-V-HOMEGUARD-2906J-Approved.pdf

AFC1991

Thank you Coupon Mad for your swift response - much appreciated!

Coupon-mad

Don't do it without the photos in pitch darkness.  DO NOT let the resident take them earlier than 10.30pm (send him/her out again, if so!).

AFC1991

I’ll inform them! Should I mention anything about the wrong road name on the sign or is that not required? 

Fruitcake

I would just state that the "relevant land" where the alleged event occurred was not quoted on the NTK, therefore it was not PoFA 2012 complaint and therefore the keeper cannot be held liable. 

AFC1991

Fruitcake said:

I would just state that the "relevant land" where the alleged event occurred was not quoted on the NTK, therefore it was not PoFA 2012 complaint and therefore the keeper cannot be held liable. 

Thank you!

AFC1991

Update: I today received the following response rejecting my appeal.

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 in an area where no parking is allowed, 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:
• 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 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.

Please could I have some advice on what to do next.

Thank you for your support, it’s much appreciated.

Gr1pr

Nothing , they state that the vehicle was parked, you are stating that it was unloading, not parked 

This victory also confirmed it

https://www.contestorlegal.co.uk/blog-3/unparalleled-legal-victory-defining-the-true-meaning-of-parking

They have 6 years to sue you in civil court, your defence would be based on the Jopson versus Home guard appeal, as mentioned above 

AFC1991

Thank you for your swift response. I did mention the above Jopson vs Homeguard appeal in my initial appeal. 

I shall not respond then and wait for any further action, should they wish to take it. 

Coupon-mad

AFC1991 said:

"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"

Thank you for your swift response. I did mention the above Jopson vs Homeguard appeal in my initial appeal. 

I shall not respond then and wait for any further action, should they wish to take it. 

LOL I smell something smellier than a rat.

Utter drivel from ex-clampers UKCPM.

Please help push the regulation of the parking industry and new appeals service over the line:

https://forums.moneysavingexpert.com/discussion/6528490/official-dluhc-paid-research-have-you-ever-appealed-a-parking-charge-notice#latest

If you act quickly, you may be able to earn yourself £60 and help regulate the parking industry.

This is an official thing and MSE Towers has agreed I can share it, despite the incentive. 

Short notice, but please do the above linked survey now (today/tomorrow) and if accepted, then a short & friendly video call next week to tell the Government's consultancy outsourced firm your experience of 'appealing'.

Tell the DLUHC's guys that there should be a proper dispute resolution service available at ALL pre-action stages, to act fairly.

Not IAS which is just terrible, borne out by their own '95% win rate for PPCs' stats which covers several years and the IPC seem to have hidden.

Tell them that's why you have decided to STOP & not even try the utter farce that is the IAS.  Tell the Government this and the added £70 "Debt Recovery fee" extortion (that they will now add but you refuse to pay) is why people are only doing first stage "appeal" - where PPCs always reject and just go through the motions - and consumers are crying out for a real, independent and fair ADR and a ban on fees.