IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.

PCN @ High Point Village - Hayes & Harlington, London

124

Comments

  • casper82
    casper82 Posts: 17 Forumite
    The adjudicator made their decision:

    The Appellant should understand that the Adjudicator is not in a position to give legal advice to either of the parties but they are entitled to seek their own independent legal advice. The Adjudicator!!!8217;s role is to consider whether or not the parking charge has a basis in law and was properly issued in the circumstances of each individual case. In all Appeals the Adjudicator is bound by the relevant law applicable at the time and is only able to consider legal challenges and not factual mistakes nor extenuating or mitigating circumstances. Throughout this appeal the Operator has had the opportunity consider all points raised and could have conceded the appeal at any stage. The Adjudicator who deals with this Appeal is legally qualified and each case is dealt with according to their understanding of the law as it applies and the legal principles involved. A decision by an Adjudicator is not legally binding on an Appellant who is entitled to seek their own legal advice if they so wish. The Hayes development has been ongoing for some time now, and looks likely to continue for some time into the future. I have dealt with numerous appeals regarding this site. At the entrance to the site there is a large sign on the left stating that there is no stopping, waiting, dropping or collecting outside of marked bays. The roadway is marked with large lettering NO DROP & COLLECTION and PRIVATE ROAD. The bays along the side are clearly marked and are specifically for waiting, dropping or collecting as they have a time limit of 20 minutes. The photographic evidence shows the appellant's vehicle stopped outside of a marked bay, albeit very briefly, and a passenger getting into the vehicle. This is in contravention of the terms. As much as one may have sympathy with the appellant regarding the short length of time the vehicle was on this site, nevertheless the parking charge was properly issued. This appeal is therefore dismissed.





    Do I have a chance if I leave it as it is and wait for the letter from court ?


    Thanks,

    Casper
  • Umkomaas
    Umkomaas Posts: 41,340 Forumite
    First Anniversary Name Dropper First Post Photogenic
    edited 22 July 2018 at 10:05PM
    My post #30 to a tee! I won't say 'I told you so'.

    Just sit back and see what PCM (UK)'s next move is. Surely you don't want to pay them?

    Ye Gods, this is the outfit you're dealing with - making it all up as they go along. All recorded by the BBC's Watchdog programme!

    http://parking-prankster.blogspot.com/2015/05/is-it-pcm-uk-who-make-up-stuff-all-time.html
    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. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    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.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 131,555 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Do I have a chance if I leave it as it is and wait for the letter from court ?

    Hahaha, obviously yes.

    IAS was just a exercise to put PCM through and to see their hand, and to try and see if this could be a rare case cancelled. Instead you got a typical biased and bizarre decision which gives no thought to whether a contract can be formed when no parking licence was offered, and just says 'I've seen this site before and it's fine, get lost!'

    So what, nothing has changed and we still see 99% wins when defending these cases, especially easy to show PCM as predatory.
    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
  • System
    System Posts: 178,093 Community Admin
    Photogenic Name Dropper First Post
    At bit off the wall but why not SAR the IAS. If they claim "legal privilege" go back and say that as the adjudication is not signed, or the person identified as being legally qualified, then you'll challenge this at the ICO.
  • casper82
    casper82 Posts: 17 Forumite
    Hi all, thanks for the feedback and support.
    After reviewing your comments, I decided to take a very simple action now...... to wait and see what happens next. I already got a note from PCM that because of the IAS decision, the fine has to be paid in full, so no "discount" , and the fine used to be 60£, but now its the full amount 100£.
    I don't want to pay it obviously and will wait for what happens next... I will report back when anything new comes up.

    Take care by then...
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    casper82 wrote: »
    Hi all, thanks for the feedback and support.
    After reviewing your comments, I decided to take a very simple action now...... to wait and see what happens next. I already got a note from PCM that because of the IAS decision, the fine has to be paid in full, so no "discount" , and the fine used to be 60£, but now its the full amount 100£.
    I don't want to pay it obviously and will wait for what happens next... I will report back when anything new comes up.

    Take care by then...

    Take no notice of PCM and the scam IAS

    Just wait .... no doubt you will be blasted by moron
    debt collectors which you must treat as a huge joke
    and ignore them, powerless sewer life who love
    to waste their time

    https://forums.moneysavingexpert.com/showthread.php?p=74633409#post74633409
  • I've been in a similar situation today. I've been fined for dropping my wife and 4 year old daughter at high point village soft play area for a kids birthday party.

    I'm going to pay for it to avoid the hassle, however not impressed that they the attendant took a full picture of my 4 year old daugher which is availale under their portal evidence section. Is this compliant/legal to take a child's picture in public and posting on such site?

    Many thanks,
    Ash.
  • KeithP
    KeithP Posts: 37,614 Forumite
    Name Dropper First Post First Anniversary
    I've been in a similar situation today. I've been fined for dropping my wife and 4 year old daughter at high point village soft play area for a kids birthday party.

    I'm going to pay for it to avoid the hassle, however not impressed that they the attendant took a full picture of my 4 year old daugher which is availale under their portal evidence section. Is this compliant/legal to take a child's picture in public and posting on such site?

    Many thanks,
    Ash.
    If you are going to pay them, then I cannot understand why you have posted on this forum.

    If you have concerns about Privacy, but not about parking, then perhaps a forum like LegalBeagles would be a better place to seek advice.
  • MistyZ
    MistyZ Posts: 1,820 Forumite
    First Anniversary Name Dropper First Post
    I'm going to pay for it to avoid the hassle, however not impressed that they the attendant took a full picture of my 4 year old daugher which is availale under their portal evidence section. Is this compliant/legal to take a child's picture in public and posting on such site? Many thanks,
    Ash.

    I can understand your concerns. I don't know if it's legal but it is certainly bad practice. The parking companies couldn't give two hoots as long as they keep the money rolling in and paying up will just encourage them.
  • Umkomaas
    Umkomaas Posts: 41,340 Forumite
    First Anniversary Name Dropper First Post Photogenic
    however not impressed that they the attendant took a full picture of my 4 year old daugher which is availale under their portal evidence section.
    So what are you going to do about it? Are you more concerned to pay this off to avoid the hassle, yet little similar urgency about the photos of your 4 year old on their website?

    I wonder what she might say in years to come about her daddy's protection?
    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. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    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.

    Private Parking Firms - Killing the High Street
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.2K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards