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Parking Charge in a private apartment car park.

My car was parked in a car park belonging to a private apartment block. The driver was visiting a resident in the block and parked in a bay marked specifically for visitors.

The sign at the entrance to the car park is on the bin store door on the passenger side of any vehicle entering and cannot be seen as a vehicle enters. Neither can it be seen from within the car park. This is, I believe, contrary to the code of practice which the company is subscribed to. 
There is one other sign - which can be seen from some spaces but by no means all of them. 
The sign is standard wording and makes no mention of visitor spaces. 

When the driver returned to the car there was a notification of penalty, to be followed (I think 15 days later if that is relevant as I thought they had to be issued within 14 days) by a charge notice, sent to me as the registered keeper.
I submitted an appeal through the parking companies (Excel) online appeals process. 

I did not receive a response.

I eventually received a letter from DCBL advising me that Bailiffs had been instructed unless I paid £170 (on what was originally £100 charge). 

I had not received any letters with the results of my appeal.
I went to my email and found that I had received 2 emails - with letters attached, which had bypassed my Inbox and had not been read.

The 1st advising me that I was required to advise them of the driver.

The 2nd a standard wording advising me that my appeal had been denied, which did not address the specifics of location of the signage, which can not be seen from within the car park.

Does an email count as notification 'in writing' as is required by their code of practice?

Had I actually received this rejection of my appeal, I would probably have paid the charge within the shorter time frame (£60) and chalked it up to experience but because I did not receive either of these letters, I object to the escalation to debt collectors and additional fees.

I am now out of the period where I can submit an appeal to IAS, and the company does not allow 'special' appeals outside this period. 

I had a look round this forum and decided to fight it, as there seems to be sufficient case law to suggest that the entire industry is on dodgy ground. I ignored this first letter and have now received a second letter from DCBL.

At this point I am wavering in my resolve.

I would rather fight it with all the resources offered here - but if it is just going to result in a higher payment in the end, then maybe discretion is the better part of valour. 

Comments

  • DE_612183
    DE_612183 Posts: 3,394 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Read the newbees thread - you won't pay anything
  • Serigala
    Serigala Posts: 5 Forumite
    Ninth Anniversary First Post Combo Breaker
    DE_612183 said:
    Read the newbees thread - you won't pay anything
    I have done - and am prepared to continue. I was just beginning to question my belligerence!
  • Coupon-mad
    Coupon-mad Posts: 148,133 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Serigala said:
    DE_612183 said:
    Read the newbees thread - you won't pay anything
    I have done - and am prepared to continue. I was just beginning to question my belligerence!
    Nonono... you will pay nothing by following our advice!  Very easy stuff. Relax!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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