Parking in a private housing complex, registered visitor pass with concierge and still got a PCN

seriously

Hi there

I've been visiting my friend weekly or every other week at a private housing complex making sure to register for a visitor pass (which they do on computers) at the concierge and to park in a visitor spot. Done this dozens of times without an issue. 

Last week, I got a PCN (with just a simply "Unauthorised parking"), which was issued an hour after my stay. I queried this with the same concierge person and they said, they couldn't find the details on the system but can verify/witness my registering and have already sent an email to the P4Parking team. 

He said I can then appeal with the information of 'I've registered the parking with the concierge, please take this up with the management company'. He said he's dealt with this many times as they have issues with parking etc and said it should be fine but couldn't really guarantee me anything. 

Now my dilemma is: 

1) do I appeal with what the concierge said but won't this be an admission of liability, which may cause me issues if the P4Parking don't play well with the concierge's testimony?

2) go with a generic reply I found in the stickied thread of "I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making 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.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner."

or 3) Ignore?

Thanks for any advice!

Fruitcake

Plan A is always a complaint to the landowner and managing agent/management company from the keeper. Ask your friend what her/his lease/AST/property rental/ownership agreement says about parking, permits, visitor parking, unregulated private parking companies, parking charge notices, right to quiet enjoyment, and court claims. What it doesn't say is equally important.
If she/he is a leaseholder, ask her/him if an application has been made to vary her/his lease in accordance with Part IV, section 37 of the Landlord and Tenant Act 1987.

If Plan A fails, appeal as keeper using the template in blue text, adding a point that the visit was registered with the concierge, and therefore no breach of Ts and Cs/contract occurred.

LDast

"What the concierge said"... do you have anything in writing that can evidence what was said or agreed? Can you get a written statement from the concierge to assist you with this?

Coupon-mad

DO NOT IMPLY WHO WAS DRIVING WHEN YOU ADD THE SENTENCE ABOUT REGISTERING FOR THE VISITOR PERMIT!

Sorry to 'shout' but the above is vital.

Was this only a windscreen PCN?

seriously

Fruitcake said:

Plan A is always a complaint to the landowner and managing agent/management company from the keeper. Ask your friend what her/his lease/AST/property rental/ownership agreement says about parking, permits, visitor parking, unregulated private parking companies, parking charge notices, right to quiet enjoyment, and court claims. What it doesn't say is equally important.
If she/he is a leaseholder, ask her/him if an application has been made to vary her/his lease in accordance with Part IV, section 37 of the Landlord and Tenant Act 1987.

If Plan A fails, appeal as keeper using the template in blue text, adding a point that the visit was registered with the concierge, and therefore no breach of Ts and Cs/contract occurred.

Thanks for this. I don't think I will be able to get the information from my friend as I'd rather not bother them. 

LDast said:

"What the concierge said"... do you have anything in writing that can evidence what was said or agreed? Can you get a written statement from the concierge to assist you with this?

I'm friendly with the person as I see him a lot but I'll need to ask if he can forward this to me. If he does, how would you say I should proceed?

Coupon-mad said:

DO NOT IMPLY WHO WAS DRIVING WHEN YOU ADD THE SENTENCE ABOUT REGISTERING FOR THE VISITOR PERMIT!

Sorry to 'shout' but the above is vital.

Was this only a windscreen PCN?

Yes it was a windscreen PCN. So at the end of the template text, I should add something to the effect of, "The vehicle was registered correctly at the concierge for a visitor permit and time"? And leave it at that? Wouldn't that sort of contradict the statements before?

Appreciate all your comments!

Coupon-mad

So at the end of the template text, I should add something to the effect of, "The vehicle was registered correctly at the concierge for a visitor permit and time"? And leave it at that? Wouldn't that sort of contradict the statements before?

Yes, and yes it probably will conflict, so change snd remove irrelevant chunks of the template about pay &display machines.

Or - preferably - don't use a template at all. You really don't need one as long as you only appeal as keeper.  I dislike templates and hated having to write one to stop us drowning in queries and to stop the astonishing number of people who couldn't write an appeal from a keeper and kept shooting their toes off.

I never use it for friends or relatives appeals and you 'get it' not to imply who was driving, so why not just write your own short appeal? A one-liner will do.

seriously

Coupon-mad said:

So at the end of the template text, I should add something to the effect of, "The vehicle was registered correctly at the concierge for a visitor permit and time"? And leave it at that? Wouldn't that sort of contradict the statements before?

Yes, and yes it probably will conflict, so change snd remove irrelevant chunks of the template about pay &display machines.

Or - preferably - don't use a template at all. You really don't need one as long as you only appeal as keeper.  I dislike templates and hated having to write one to stop us drowning in queries and to stop the astonishing number of people who couldn't write an appeal from a keeper and kept shooting their toes off.

I never use it for friends or relatives appeals and you 'get it' not to imply who was driving, so why not just write your own short appeal? A one-liner will do.

Thanks. 

Just an update, the concierge guy says he got a reply back and that they have cancelled the fine! When I enter the PCN ref into their website, it no longer exists. 

Lucky me I guess!

Coupon-mad

Very good news. It wasn't a fine.