Parking charge notice. Parking attendant present, no notice to driver.

QuestioningMyChoices

Hi,

I've had two parking charges for my new leased car, parking in the car park for my flat. Each time was because I parked in the space next to mine because someone had taken my space. Super annoying, but technically a valid charge according to the conditions of the car park. However, each time:

1. The charge was issued by a parking attendant who came to the site, saw the car and issued the charge (I have this on CCTV).
2. No 'notice to driver' (the sticky note on the windscreen) was left either time. 
3. I didn't get to hear about the charge until the charge was automatically paid by my lease company. I have no option to tell my lease company not to automatically pay these charges.
4. I've complained to the parking company and received what amounts to a 'sorry, go away', which essentially boils down to 'Because we've received payment, we consider this matter settled.' No POPLA complaint number. No options for further recourse.

My questions are:

1. Is it legal to have a parking attendant issue a charge, but not issue a notice to driver? From reading the BPA code of practice (the parking company are UKPC, a member of the BPA), it's against the code of practice as far as I can tell... but I am unsure as to whether it's actually legal.

2. Can the parking company refuse to allow me to escalate the complaint to POPLA because the charge has been paid?

This whole thing feels like a loophole for the parking company: Find a leased car, issue a spurious ticket, lease company pays the ticket automatically, no further recourse. Any general tips on appealing this kind of behaviour?

Cheers!

Le_Kirk

Typical car park "management" NOT; they do not mange the car park and the people who park there but the PCNs because that is how they make their money.  What does you lease say about parking?  Do you have a management company or managing agent for the flats.  Who introduced the parking management company (PPC)?  I would be complaining forcefully (but politely) to the managing agent and the PPC and asking them WHY they did not ensure that your space (maybe you pay for it) was not kept clear and instead of moving the car that was in your space took it upon themselves to issue a PCN to you.

Coupon-mad

QuestioningMyChoices said:

Hi,

I've had two parking charges for my new leased car, parking in the car park for my flat. Each time was because I parked in the space next to mine because someone had taken my space. Super annoying, but technically a valid charge according to the conditions of the car park. However, each time:

1. The charge was issued by a parking attendant who came to the site, saw the car and issued the charge (I have this on CCTV).
2. No 'notice to driver' (the sticky note on the windscreen) was left either time. 
3. I didn't get to hear about the charge until the charge was automatically paid by my lease company. I have no option to tell my lease company not to automatically pay these charges.
4. I've complained to the parking company and received what amounts to a 'sorry, go away', which essentially boils down to 'Because we've received payment, we consider this matter settled.' No POPLA complaint number. No options for further recourse.

My questions are:

1. Is it legal to have a parking attendant issue a charge, but not issue a notice to driver? From reading the BPA code of practice (the parking company are UKPC, a member of the BPA), it's against the code of practice as far as I can tell... but I am unsure as to whether it's actually legal.

2. Can the parking company refuse to allow me to escalate the complaint to POPLA because the charge has been paid?

This whole thing feels like a loophole for the parking company: Find a leased car, issue a spurious ticket, lease company pays the ticket automatically, no further recourse. Any general tips on appealing this kind of behaviour?

You can't appeal.

Target the lease firm. This is on them.

You just bounce the payments snd refuse to pay the lease firm back.  Their term is unfair, they had no business to just pay invoices. Get your bank to return the payments as unauthorised. Not joking. Loads have done this. And tell them why.

I'd take your business elsewhere; lease a car from a firm who won't just pay scam invoices & who will agree to name you as hirer each time, to transfer liability.