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UKCPM PCN Query - Do i even bother with appeal to them/IAS?
Comments
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LoneStarState said:I would personally say it is "worth" the IAS appeal. Go in expecting to lose however. I only say I'd recommend as I think it's worth doing a bit more by experienced posters to expose the nonsense "adjudications" by "legally trained solicitors/barristers" while we can as I still think statutory regulation will continue to be strung out and progress at a glacial pace. Ultimately with an aim to complaining to the CTSI and DVLA if the IAS regurgitate the push button dismissal.
Everything about those Google street view images highlights woeful lack of any signage indicating entry onto private land, any of the core terms and no indication of the surveillance as well. Can put them to strict proof of signage presence and locations on a site map etc.
Plus usual other points regarding landowner authority and possibly any POFA failures etc.
What is the contravention on your PCN? Could you share a redacted copy of it?
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Vehicle not registered.
And what does the sign there say?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 THREAD2 -
Coupon-mad said:Vehicle not registered.
And what does the sign there say?
I would have to go back there to see what the sign says which I will try and do over the weekend, its far too small to read on google images.2 -
Castle said:Here's an example of a ticket being cancelled:-
Atlip Centre Wembly Car Parking ticket - getting it cancelled — MoneySavingExpert Forum
I dont hold out much hope though, as they replied back "I have passed on your email to CPM the parking company and will come back to you once I receive a reply".
I dont anticipate simply forwarding my email on will do much good, but we shall see.1 -
Flem_Candango said:Coupon-mad said:Vehicle not registered.
And what does the sign there say?
I would have to go back there to see what the sign says which I will try and do over the weekend, its far too small to read on google images.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 THREAD1 -
I doubt that passing on your email to UK CPM is what you asked them to do
They should be fixing the road surface ( and pavements ) and various markings, especially the yellow lines, adding no parking or no waiting signs, improving the entrance signs at the transition point etc
It should be as obvious as Lord Dennings red hand rule2 -
Flem_Candango said:Le_Kirk said:Flem_Candango said:I think on further investigation you are probably right, it looks like it is a private road... but how can this be deemed anything other than a borderline criminal activity?
My point was to suggest what they are doing is borderline criminal, obviously its not - hence the word borderline.Coupon-mad said:Actually, I'm with you.
Covert surveillance is illegal under the DPA 2018. Also in breach of the Surveillance Camera Code of Practice. There was no way you knew you were being filmed or could have seen that high up camera.3 -
By way of update on this, the land management company unsurprisingly came back and said, after forwarding your email on UKCPM have advised that i follow their appeals process.
I pushed back on this and said that isn't what i was asking as i could just do that myself, i was asking the land owner to review the circumstances and request it be cancelled - so can you please do this for me.
They have now come back with the following:Hi xxx
We have discussed this further with CPM who have advised that the vehicle was parked on double yellow lines in front of the sign. The site has been independently audited recently. CPM have advised that should you wish to appeal this PCN you should use the procedure set out within the PCN.
Yes, I was parked on double yellow lines, I'm not denying that, but surely if they are saying i was parked in front of the sign then they are acknowledging i didn't actually enter it? And, how would it help if my car was registered on their ANPR system (if say i was a member of the Gym there) if it is to do with parking on the yellow lines?
Still havent had a chance to go and photograph the sign, so i appreciate i really need to do that soon + find out where the exact demarcation point is on the road.
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Flem_Candango said:By way of update on this, the land management company unsurprisingly came back and said, after forwarding your email on UKCPM have advised that i follow their appeals process.
I pushed back on this and said that isn't what i was asking as i could just do that myself, i was asking the land owner to review the circumstances and request it be cancelled - so can you please do this for me.
They have now come back with the following:Hi xxx
We have discussed this further with CPM who have advised that the vehicle was parked on double yellow lines in front of the sign. The site has been independently audited recently. CPM have advised that should you wish to appeal this PCN you should use the procedure set out within the PCN.
Yes, I was parked on double yellow lines, I'm not denying that, but surely if they are saying i was parked in front of the sign then they are acknowledging i didn't actually enter it? And, how would it help if my car was registered on their ANPR system (if say i was a member of the Gym there) if it is to do with parking on the yellow lines?
Still havent had a chance to go and photograph the sign, so i appreciate i really need to do that soon + find out where the exact demarcation point is on the road.
Just ignore the £170 threatograms shown in pictures in post 4 of the NEWBIES thread. Tell UKCPM if you move house.
For more advice in bitesize chunks, read the official MSE Guide to fighting parking tickets that's linked at the top of this page. Be confident. And..This month, we need you:
PLEASE bookmark this thread below and do the government's Public Consultation if you haven't done it yet.
Their proposals are wrong. We must stop them.
See this thread: -
We need every poster to come back & complete this vital Consultation before the deadline! Just 2 weeks left but please don't rush it. You can do some then save it and come back to it as you have time.
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 THREAD0 -
I did get a similar ticket when I went to enjoy an ice-cream at a parlour on the Ealing road, on a hot evening 10 PM in the night.
Points:
1) The road always looked public to me and now I have got a PCN.
2) The Atlip Road is private road, which appears to be public road, no private road board and yellow lines on one side, no lines on other side pattern generally found on public road.
3) What they describe as "controlled land" consist a section of the road and the car park as shown in the attached image. The PCN is worded cunningly as "private land at Atlip Center Wembley".
4) The new owner-manager is www rivenhall.london they don't seem to be entertaining.
5) I am in the process of appealing at IAS stage and have been bouncing the argument with the operators.6) My lines of arguments are:a. "private road which appears public" => confusion.
b. "controlled land = road + car park" without clear delamination is violation of Clause 3.2 of Single Code of practice but apparently non binding since Jan 2022.
c. no contract at point B since, all the signage uses the work "car park" which does not automatically mean to include "the road" in any reasonable drivers mind.
HTH
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