Several PCN's - Parking and Property Management Ltd

Sabrina202411

Hi all, 
hoping you can help me please.

from the 4th May 24 i started staying at my sisters flat- she is on the 3rd floor and has a disability, single mum and two young kids. She has been relapsing with her MS and so i have been taking care of her and her children when not at work and making sure she isnt sleeping alone as she has been fainting repeatedly.

I have been parking in the car park and stupidly just didnt pay attention to the signage in the carpark. I have received 10 parking charge notices for failing to display a valid visitor scratch card permit. The PCN's dates range from from the 7th May to 17th May- i believe several more are to come for the dates in between - its not camera operated so an attendant has taken the photos.  I stopped parking here soon as i got the first parking charge notice and now park my car on a main road which isnt ideal.

I have reviewed the lease but is that important as technically i am a visitor? The 'visitor' bays were not marked and the car park had lots of free spaces. 

When i asked my sister she said she opted out of the permit scheme. I parked there for approximately 3 weeks consecutively every night. I cannot pay all of these fines as it would cost me over £1k even if i paid at the reduced rate. 

Please help as i really dont know what to do - do i even have a leg to stand on? I really dont want bailiffs or hefty court fines.

Gr1pr

Ideally we need to see what her tenancy or lease states about the parking requirements etc

If she opted out of the permit system, then evidence of that would be a good idea , redacted if necessary 

Show us redacted pictures of both sides of the first NTK PCN letter you received, no personal information but leave the rest showing, so redact the name and address, VRM details, PCN reference number etc

Ideally post pictures of the signage on site too

No bailiffs will arrive without a court order, but eventually might due to the sheer number of PCNs, 9 being an attractive proposition 

So more information first, advice later 

Sabrina202411

Can i add, from the Parking Charge Notices' the sign is right behind my car- there are several signs in the car park. I also didnt want to park my car on the street as cars often get broken into in the area and i'm a young woman having to walk quite a long way each evening to get into the actual flats.
The block of flats are meant to be 'gated' but since my sister purchased the flat the electronic gates have never worked. 
the point i'm making is, i'm not sure how much i can argue 'signage' as there are lots of signs. No CCTV. Can i argue proportianilty in the excessive number of PCN's i have recieved? can i send 1 appeal for all PCN's? 

Coupon-mad

No and no.

And there's no point appealing. Just ignore PPM and the threatograms. Tell them if you move house, obviously (but that's not parking specific advice, just common sense).

Does she have proof that she opted out? Is that because she doesn't drive?

Sabrina202411

thanks @Coupon-mad @Gr1pr i have checked the lease with the management company which states: 

 The Maintained Property shall comprise (but not exclusively):   The Communal Areas the Accessways the Parking Spaces the gardens and grounds shown on Plan 1 the drying area (if any) and the gardeners management stores (if any)

The fourth schedule-Clause 6: The right to exclusive use of the Parking Space for the purpose of parking a private motor vehicle not exceeding three tonnes gross laden weight

Definition of the Parking Space – means the car parking space edged blue on Plan 1

Plan 1- means the plan annexed hereto and numbered 1 – NOTE THE PLANS DO NOT ACTUALLY SAY PLAN 1 OR PLAN 2 ON THEM. 

When looking at the Plans- it is not at all clear which parking space it applies to! it's very misleading and the whole plan is 'edged in blue'. 

THE EIGHTH SCHEDULE- Covenants Enforceable by the Lessor and the Manager

Clause 19: To comply with and make all reasonable endeavours to ensure that all persons living in or visiting the Demised Premises or using the Parking Spaces or any part of the Maintained Property shall comply with any Development Regulations which may be in force from time to time

Development Regulations: Means any reasonable regulations made by the Manager from time to time for the proper management and use of the Development.

The Manager is defined as the Management Company. 

I am not registered there and don't live there- my sister lives there and she has a disability and has been relapsing and i have been staying with her as it's dangerous for her to be alone in the night (she is fainting frequently and her 10 year old has had to call ambulance a few nights.... so i have been staying there a month to look after her. She does drive and has an allocated bay- bay 35 - even thoughh she lives in no 36.. She was contacted by PPM by email in  March 22 and she opted out of the scheme with PPM by email. I  have the email. In response PPM said: 

Bay XXX will be OPTED OUT as of 22.03.22

Any vehicle parked in the bay will not be subject to enforcement action. Vehicles parked throughout all other parts of the site will still be subject to enforcement if contravening any of the parking restrictions listed on the signage throughout the site, and supported by the letter you received before the prior to the beginning of the scheme.

Please do not park outside of a pre-determined parking bay i.e. estate roadways / landscaping / any paved areas at any time, regardless of permit displayed. Do not park in any other bay number you may occur a parking charge notice.

Please keep permits safe in case you change your mind in the future. Please display your visitor scratch cards  at all times in v bays or you will occur a parking charge notice.

I also dont want to ignore as i am seriously stressed by this... i am a lawyer by profession (albeit a junior one).  

Sabrina202411

@Gr1pr - see attached pics of first PCN- there are 8!

Coupon-mad

But there is no point appealing them.  Appeal will not work. There is NO INDEPENDENT APPEAL. The IAS is considered a kangaroo court and is being replaced by the (new) Government next year once the statutory regime finally starts.

Court defence has far more chance because Judges are independent, canny and will consider fairness.

From a lawyerly POV (yours not mine, I'm not legally trained) you might want to send a complaint to PPM and offer to pay one, if the others are cancelled, on the basis that it is unfair not to put a consumer notice (PCN) on the windscreen in the first instance.

That would have alerted you to the issue on the first day and that would have met the legal test of fairness and timeliness of a consumer notice (PCN). Taking sneaky photos then waiting until it had happened 8 times before issuing sudden unexpected PCNs by post in an avalanche is a moneymaking scam and clearly unfair under the Consumer Rights Act 2015. Especially if issued by a third party self-ticketer resident who gets a reward per PCN, which looks likely here.

This is made clear by the DLUHC in the incoming Code of Practice (delayed now by the General Election but whichever Secretary of State ends up in charge of the project MUST publish the Code again).

The (first published in Feb 2022) statutory Code says that windscreen PCNs are required because not to do so breaches the CRA 2015 regarding fairness of Consumer Notices.

Put the above in legal-speak and sign off that you are a qualified solicitor.  Offer to pay one as long as the subsequent 'chancer' ones are cancelled, but without any admission of a contract being in place because the signs were not sufficiently prominent.  If they had said in big "parking here will cost you £100 per day" you would have taken an alternative transactional decision. If they had fairly affixed a windscreen PCN (even better, a warning) on day one, the same would have happened.  This is of their making and appears a deliberate moneygrabbing con.

A reply like that (even if they refuse) also puts you in good stead because you can then show the Judge (after defending the claim, which is easy and you'll enjoy it!)  how you honestly tried to resolve the dispute fairly.  Brownie points to you before the hearing even starts!

And in future use the visitor scratch-cards that letter says your sister still has.  By the way: we salute her for having the nous to opt her bay out of this 'get rich quick' typical PPC scam permit scheme. Well done her!

Sabrina202411

@Coupon-mad
thanks so much for your response, i will draft something now. 
Do you know whether the management company can cancel these and whether there is any point me trying that avenue? 

Coupon-mad

Yes, them supporting your offer to pay one will hugely help. 

Sabrina202411

@Coupon-mad
thanks soooo much. below is my draft, can you have a read please? 

Dear Sirs,

I received the below parking charge notices (all of which were delivered on separate days may I add).

1.         XXXXX LIST 10 PCNS

I dispute your 'parking charges', as the keeper of the vehicle. I deny any liability or contractual agreement and I have submitted a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close-up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

It is unfair, and indeed in a Court, based on case law, a judge may find that it is unreasonable and unfair not to put a consumer notice (PCN) on the windscreen in the first instance.  This is made clear by the DLUHC in the incoming Code of Practice.
The statutory Code (first published in Feb 2022) states that windscreen PCNs are required because not to do so breaches the CRA 2015 regarding fairness of Consumer Notices.

This would have alerted the driver to the issue on the first day and that may have met the threshold and legal test of fairness and timeliness of a PCN. Issuing 10 PCN’s by post in an avalanche is clearly unfair under the Consumer Rights Act 2015, especially if issued by a third-party company!

In any event, so as to resolve this ‘dispute’ and without any admission of liability, and in the absence of a valid and binding contract, and to avoid protracted correspondence, on the basis that the remaining 9 PCN’s are cancelled, the driver has offered to pay 1 PCN in full and final settlement of these 10 PCN’s in their entirety.

Note, legal proceedings will be defended in their entirety.

SIGN OFF AS REGISTERED KEEPER

Coupon-mad

Remove exclamation marks and remove this (do not use a template):

I dispute your 'parking charges', as the keeper of the vehicle. I deny any liability or contractual agreement and I have submitted a complaint about your predatory conduct to your client landowner.
There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close-up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

Identify yourself as a qualified solicitor.

Use more legalese. Be more lawyerly and pushy and tell them that you have already raised a complaint with their client.