PCN from hell . 2 minutes in the bay.

Jamesrjones1

Hi all, 

The keeper has received a PCN from IPARK, and needs some options on how to appeal correctly. 

 

The driver and passenger were going to go to a restaurant, they wanted to find somewhere local to park, it was 8pm and it was getting darker.  They pulled into the bay and it said “no parking, Malcom grey opticians customer only” there was also another sign stating it’s pay and display only, and it is once the opticians are closed- which they were. The parking states  “pay and display” however, it’s is only online, which they were having issues with, they had cash and would’ve used a machine if available. During the time the driver was trying to sort out payment for the parking, the passenger left the car, briefly looked for a pay and display machine and went into the shop and asked the shop keeper if there was one, which there wasnt- which is quite misleading. As the driver couldn’t pay for the parking, they both left and parked elsewhere in the local vicinity(1 minute away) which is evidenced, and decided to go somewhere else. They were only in the bay for approximately 2 minutes. Just to add, the vehicle was on the entire time and the lights were too. 

*there is also 14 other photos of the passenger leaving the vehicle, and then returning but I haven’t attached them. 

Please assist with any jargon, policy, templates or advice.

any would be really helpful, £60 is way too expensive for 2 minutes. 

Mark_d

You are allowed a consideration period - to read an understand the T&C related to the parking.  5 minutes would generally be considered reasonable.  You took only two minutes.  You explanation above provides a sound explanation of the situation.  I can't see how they could defend upholding the parking charge

Coupon-mad

However, the IAS will wave it through!

This is another classic example of covert CCTV filming whereby PPC World pretend that there can be a 'close to zero' consideration period (i.e.  not only no time to read t&cs but also no knowledge of being filmed, which is illegal under UK GDPR and the DPA 2018).

This is a rogue (clamper mentality) approach to supposed parking management by immediate remote 'ticketing' - and no knowledge of any contract or filming on the part of the driver - that the Labour Government must end.

Completely ignore iPark.

I mean completely ignore: £170 third party debt demands, the lot. There is no appeal.

Come back if you get a court claim.

There's no agreed contract here and they can't win in front of a real Judge. Obviously you must contact to tell them if you move house (it amazes me that we even have to constantly say that).

Except in rarely justified no stopping zones, the bare minimum consideration period should be at least 5 minutes (at least ten minutes in any pay & display car park, or preferably, no time limit at all as long as the fee is paid).

Jamesrjones1

@Coupon-mad Everything I’ve read has said not to ignore, are you sure that’s the correct option? People who have received pcns from the same area have said they had ccjs from ignoring. Thankyou for the response, I really appreciate it. 

Coupon-mad

Jamesrjones1 said:

@Coupon-mad Everything I’ve read has said not to ignore, are you sure that’s the correct option? People who have received pcns from the same area have said they had ccjs from ignoring. Thankyou for the response, I really appreciate it. 

Yes. 100% certain.  Did you miss my caveats:

1. "you must contact to tell them if you move house".

and 

2. "Come back if you get a court claim."

That is all.

It is impossible to get a CCJ if you follow our advice. People on Faceache don't know the difference between a 'CCJ' and a Claim Form. The latter is what you want and is dead easy to defend. No risk. No CCJ.

 I mean ... you can waste yours and their time on the farce of the joke 'appeals service' but I wouldn't bother.

To the uninitiated it makes people feel their case is weak when they get the inevitable rejection from the IAS kangaroo court.  I never put my friends & relatives through that when they get IPC firm PCNs. Ignore is easier.

Gr1pr

Depends who you ignore as to any outcome,  your advisors havent given you the full story,  just sweeping uninformed statements 

If you follow the advice on here there will be no CCJ, its people who ignore everything that get them
You wont get any success due to the parking company being IPC AOS members, universally loathed by everybody 

If coupon mad says ignore Ipark and the debt collectors,  you should follow that advice,  especially because her knowledge & experience gained over the last 14 years or more is invaluable,  your advisors havent a clue 

LDast

If/when I-Park issue a claim through DCB Legsl, then you come back. Ignore everything else. If/when they issue the claim, then you come back. Any claim issued, as long as it is defended will eventually be discontinued.

They rely on the low-hanging fruit on the gullible tree to pay up out of ignorance. Follow the advice given… ignore unless they actually issue a claim. Everything else is a waste of your time and effort.