Forum Home» Motoring» Parking Tickets, Fines & Parking

residential parking - Recieved PCN for not displaying my Permit - Page 4

New Post Advanced Search

residential parking - Recieved PCN for not displaying my Permit

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
94 replies 3.5K views
1246710

Replies

  • edited 9 May 2019 at 6:04PM
    The_DeepThe_Deep Forumite
    16.8K posts
    ✭✭✭✭✭
    edited 9 May 2019 at 6:04PM
    They have obviously twigged that you are a trouble maker, and are trying to to lie low. Have you involved your MP?
    You never know how far you can go until you go too far.
  • Scrumpy11Scrumpy11 Forumite
    62 posts
    10 Posts First Anniversary
    I have informed my Local MP. I'm awaiting for a response from them.

    If I am right, this would never make court... If a motorist won their case based on the legitimacy of the Parking Company, then any PCN which has been issued since 23 Feb 2018 would be void and should be refunded to the motorist if already paid. Although, these LTD companies, with no assets within their names might have other ideas.
  • edited 10 May 2019 at 11:17PM
    Scrumpy11Scrumpy11 Forumite
    62 posts
    10 Posts First Anniversary
    edited 10 May 2019 at 11:17PM
    Update - PCN has now been cancelled, although I am not happy with the IPC's response to my complaint: -


    The IPC's response with my input:

    10/05/2019 15:18:49

    Dear Mr....

    We have now had the opportunity to discuss your complaint with the operator.

    "I can confirm that the notice used to issue the Parking Charge did not comply with the IPC Code of Practice, therefore this charge has now been cancelled."

    I can only assume that this was because of the address on the PCN is no longer occupied by the operator.. I have asked the IPC to elaborate on this.

    "I can confirm that this notice will be amended to ensure its compliance."

    "To address your concerns regarding the image of the signage used with the appeal to the IAS, this sign only needs to show the adjudicator the wording and the terms and conditions and does not need to be an actual image of the sign in situ."

    There is no mention of any false evidence of which CMS supplied the IAS, only that CMS are allowed to supply Images of signs... I guess it does not matter to the IPC that these signs were not even displayed at our scheme at the time of the alleged contravention.

    "With regards to the operators registered address, this is the address registered with companies house, but this does not reflect their correspondence address, which differs, and this does not breach our Code of Practice."

    The company is operating illegally. The companies registered address has nothing to do with the correspondence address. CMS are in breach of the companies act 2006 by operating, issuing PCN's from an address in which they no longer occupy. Any PCN issued after the 23rd February 2018 is not valid, nor enforceable.

    You will received no further communication from the operator and I would like to thank you for bringing this matter to our attention.

    Kind regards
    The IPC


    I have asked the IPC to look at my complaint again as I am not happy with their response. I have given then seven days to fully respond or I would like to know how to escalate my complaint.

    It appears that if you complain to the IPC, all they do is bring the company in question in line.
  • Coupon-madCoupon-mad Forumite
    88.2K posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ✭✭✭✭✭✭
    Well done, you forced their hand. Totally agree with all you say.

    Have you tried reporting these breaches to Companies House? Can be done online.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Scrumpy11Scrumpy11 Forumite
    62 posts
    10 Posts First Anniversary
    Companies House say they have no power to investigate, Its down to the Insolvency team.

    Insolvency say they will not be investigating the company.

    It appears these companies are currently allowed to operate outside of the law. I hope this changes with new legislations soon.

    I'm not backing down. I am thinking of taking the company to court over the way in which they are operating. Maybe 'trespass' might be a basis of my complaint.
  • Scrumpy11Scrumpy11 Forumite
    62 posts
    10 Posts First Anniversary
    Ok.. PCN is cancelled, landlord said that the operator can continue to operate the land, despite the company operating illegally, also, giving false evidence against me.

    Its my intention to attempt to take the operator to court for Trespass, harm and distress for falsifying evidence against me. I know that the registered address is not serviceable, so this would then fall on the 'Correspondence' address which they have supplied Companies House.

    If I am unable to serve the company then I would be taking the land owner, my housing association to court for, Breach of Contract, Allowing this company to still operate despite the manor in which they are operating causing harm an distress.

    What is the best way for me to pursuit this?
  • CastleCastle Forumite
    2.9K posts
    Sixth Anniversary 1,000 Posts Name Dropper
    ✭✭✭✭
    Scrumpy11 wrote: »

    What is the best way for me to pursuit this?
    Simply issue a LBA and then a claim to the registered office shown at Companies House; it's their problem if they don't collect mail or set up a mail redirect. More chance of a default judgement against them!
  • Scrumpy11Scrumpy11 Forumite
    62 posts
    10 Posts First Anniversary
    Thank you Castle.

    I am now about to issue an LBA to the operator.

    Would it be reasonable to issue an LBA to the IPC? I am not happy with how they have dealt with my complaint. I have even given them a further 7 days to review my complaint.

    The IPC have not considered:
    a) the fact the operator gave false evidence to the IAS.4
    b) The operator has been issuing invalid PCN's out since January 2018 by issuing them from an address which their company no longer owns/ occupies.

    The IPC have ignored all complaints until I asked for permission to disclose their responses and how would I escalate my complaint?
  • UmkomaasUmkomaas Forumite
    29.6K posts
    10,000 Posts Seventh Anniversary Name Dropper Photogenic
    ✭✭✭✭✭
    This is just my opinion .....

    Why not wait and succeed first against the PPC, then, with that success under your belt, hit the IPC. That may be a steeper hill to climb (we’ve never, to my knowledge, seen one before), so it might be an unnecessary distraction to chase the IPC in parallel, await your moment as you have 6 years to progress a claim.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • Scrumpy11Scrumpy11 Forumite
    62 posts
    10 Posts First Anniversary
    Forgive me for going on...

    Is this LBA ok? I have never had to do this before and appreciate all help and guidance:

    My complaint

    1) On the 25th January 2019, at ‘*************’ You placed a PCN on my vehicle by lifting the Window Wiper. You never had my permission to touch my vehicle. Therefore, you trespassed on my property.
    2) I had parked within the confines of my Primary Contract, my Tenancy Agreement, dated 04th December 1995. This gives me unfettered rights to park in my carpark without the need for a ‘Permit to park’ scheme. This cannot be changed by the operator, nor my Landlord without my permission of which I have never given. CMS have tried to enter me into a contract of which I have not agreed to.
    3) The signs which was displayed on the 25th January were not compliant with current regulations. Therefore, you had no legal right to manage/ enforce parking conditions at our scheme.
    4) On the 30th January 2019, you issued me with a Parking charge Notice (invoice) which was invalid as the information it contained was not upto date, it contained an address in which you have not owned/ Occupied since 23rd January 2018. Therefore, any invoice issued by CMS from ‘55 Leonards Road West, Lytham, St Annes, Lancashire, FY8 2PF’ post 23rd January 2018 are invalid.
    5) On the 08th March 2018, you supplied evidence to the ‘Independent Appeals service’ of what Signs were displayed at our scheme. You gave false evidence, as the sign which you stated was displayed on the 25th January was not displayed until the 20th March, some 12 days after you gave evidence and 54 days after the alleged contravention. My last evidence of old sign is time stamped and dated 12th March 2019.
    6) On the 12 April you instructed a Debt Collector, ZZPS, to enforce a Debt which was not owed. ZZPS put a further £60 onto the alleged £100 Parking Charge, bringing the total to £160.
    7) On the 23rd April I received a ‘Final Response’ Letter from ZZPS stating that the next course of action would be to instruct a Solicitors to recover the alleged debt. I was threatened with Court Costs, Solicitors Fees along with Statutory Interests.
    8) On the 10th May, after several complaints to the IPC the PCN was cancelled. I believe this was only because I was not happy with their response and requested for permission to disclose information and enquired how to escalate my complaint.

    Summery

    It is without Prejudice:

    I put it to you that not only did you give false evidence against me regarding signage, that CMS had no legal right to manage or enforce our scheme sine 24th January 2018. CMS are operating breaching sections 86 and sections 87 of the Companies Act 2006. Therefore, CMS is operating illegally by operating, issuing PCN’s from an address of which they no longer Own/ Occupy.


    Legality of CMS’s Registered Address: -

    CMS have broken the following regulation as set in ‘Companies Act 2006.’ Which states: -

    2006 c. 46. Part 6, General, Section 86: -

    A company's registered office-

    A. company must at all times have a registered office to which all communications and notices may be addressed.

    CMS have issued an Invoice from an address they no longer occupy breaking the following regulation as set in the ‘Companies Act 2006.’ Which states: -

    2006 c. 46. Part 6, General, Section 87: -

    Change of address of registered office-

    (1) A company may change the address of its registered office by giving notice to the registrar.

    (2) The change takes effect upon the notice being registered by the registrar, but until the end of the period of 14 days beginning with the date on which it is registered a person may validly serve any document on the company at the address previously registered.

    (3) For the purposes of any duty of a company—

    (a) to keep available for inspection at its registered office any register, index or other document, or
    (b) to mention the address of its registered office in any document, (this includes invoices)



    If you dispute my claim, I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order for this matter to be resolved by the courts.

    In this regard I would invite you to put forward any proposals.

    I look forward to hearing from you within the next 28 Days. Should I not receive a response to my letter within this timeframe, then I anticipate that a legal claim will be commenced forthwith.
Sign In or Register to comment.

Quick links

Essential Money | Who & Where are you? | Work & Benefits | Household and travel | Shopping & Freebies | About MSE | The MoneySavers Arms | Covid-19 & Coronavirus Support