PCN for parking at my own place. (Scotland)

Onyx10

Hi all,

I've recently moved into a new flat which has allocated parking for each apartment in a garaged car park. There are also parking bays outside running along the side of the building which are marked "Residents Only". There is a sign that also says "No Parking - Residents Only". There was a larger sign above that with a block of smaller writing which I didn't read.

Seeing as I am a resident, I decided to use one of these outside bays because it was easier to shift things in and out of the car and left it there for the day.

I then find a notice on my windscreen stating I've been monitored on CCTV and that registration details have been taken to identify me. I thought to myself, well they will find I live here so nothing to worry about.

Lo and behold I received a PCN sent to my address located within the apartment building where the said parking spot is allocated. The PCN states that I failed to display a parking permit. Looking at the smaller writing on the sign it states "Valid Parking Permit Holders Only". Funny because I thought it was residents only.

My first instinct is to ignore. However the fact that the parking monitors, who are VCS, work the grounds around where my car will be majority of the time makes me apprehensive about this option. So I am tempted to appeal.

Any advice on what is the best course of action for myself? Should I complain to the factor first before appealing? Or just ignore? I have no intention of paying a penny as it's ridiculous that I've received a PCN as a resident.

Many thanks.

Grizebeck

its Scotland ignore
its completely irrelevant they monitor that area
why do you think it would any difference at all? that doesn't actually make any sense

Gr1pr

No keeper liability in Scotland, so ignore 

No blabbing about who was driving, because they do not know who it was, they can assume but they don't actually know at the moment, so the postal notice came to the keeper, the one registered on the DVLA database 

As keeper, you can complain to the agency or management company, but no revealing the story itself, no elaboration, no discussion about who was driving , no stories, no excuses, no comment 

This is extremely unlikely to end up in sheriff's court for just the one PCN, but be more careful to avoid getting more, especially because you dont want several which would take it over £300 

LDast

If this is in Scotland you can simply ignore anything from VCS or their debt collector chums send you. There is no keeper liability in Scotland. They do not know the identity of the driver. The driver is unknown. You, the keeper, are known.

Aside from the fact that they would not take this to Simple Procedure court as there are no costs allowed for claims under £300 and so it would cost them more than they could possibly recover, they cannot sue you as the keeper. They can only sue the driver, who is unknown, unless you blab the identity of the driver to them.

There is absolutely no legal obligation, whatsoever, for the keeper to identify the driver and you should not do so.

Onyx10

Grizebeck said:

its Scotland ignore
its completely irrelevant they monitor that area
why do you think it would any difference at all? that doesn't actually make any sense

Because I would like the liberty to use residential bays as I am a resident. So my concern is that VCS who now think I owe them money will turn this into a snowballing problem if they keep seeing my car parked in a residential spot from time to time.

LDast

Onyx10 said:

Grizebeck said:

its Scotland ignore
its completely irrelevant they monitor that area
why do you think it would any difference at all? that doesn't actually make any sense

Because I would like the liberty to use residential bays as I am a resident. So my concern is that VCS who now think I owe them money will turn this into a snowballing problem if they keep seeing my car parked in a residential spot from time to time.

What exactly does your lease say about parking and permits? What it doesn't say is equally important.

Whilst no PPC will issue a claim for an alleged debt of less than £300 (and they can only claim a maximum of 10% of the claim in costs up to £1,500), you don't want to let them simply keep issuing you PCNs because eventually, it will become worth their while. Also, do not, under any circumstances reveal the identity of the driver. If you ever have to respond, you do so as the keeper.

Coupon-mad

You do not want to be collecting lots of VCS PCNs for parking without a permit on residential land in Scotland. This is why:

https://www.bbc.co.uk/news/uk-scotland-tayside-central-41608064.amp

Horrible firm. Horrible threat.

You can't live like this. As a motorist, I would NEVER have chosen a flat with VCS signs up.  I'd have walked away. Get VCS kicked out of the estate. Concentrate on complaints to the managing agents. Get VCS out.