Parking ticket in own bay No Permit - appeal rejected

aleks1244 · 6 September 2016 at 8:15PM

Hello,

I rent a flat in a 2012 built estate, and I have a parking space with the flat, and a valid permit however one day when leaving early in the morning to work I have found a pcn behinde the wipers, I was leaving at 7am and the pcn was from 06.19am on the 03/09/16. The reason for the sign is because I have not clearly displayed my permit. Usually the permit is stuck to the window, however I had my windscreen replaced about a month ago and I had it loose on the dashboard, I think it dropped because of the wind as i closed the door the day before and then i closed the windows with my key. It dropped on the gears if you look closely on the picture you can see the corner of the permit.

I have lived in the estate for 11 months now and never had any problems with pcns, I have sent back a letter saying i have a contract , and a valid permit, explained to them what happened however they have rejected my appeal stating -

thank you for your correspondence regarding the above pcn, i have considered your case carefully and have decided to reject your appeal on the following grounds -

You parked in a manner whereby you agreed to pay a charge, the parking attendant recorded that the vehicle was parked without a valid permit.

parking control are contracted to manage the parking within this area and the parking charge notice has been issued in accordance with this parking management scheme. the signage is in the area and it is clear and inform motorist of the restrictions the parking is managed under that enforcement action will be taken for parking in this manner.

The restrictions require that a valid permit is displayed at all times where that is a pcm resident permit visitors or contractors. it is not disputed that you hold a valid permit, however if this is not displayed in the vehicle the operative is unable to determine whether they are permited to park here, it is the drivers responsibility to ensure the permit is visible and secure prior to leaving the vehicle unattended , as no permit was displayed in the car it was therefore liable to enforcement action.

When you leave my estate you have a main estate road, and two cars were parked there over night and it does state that you are not allowed to park there aswell, i have taken pictures as evidence why do i get a fine in my own bay if there is no bays on the main road, if i knew i would have left it on the main road. Im sure he passed the vehicles why did he not pc them?

is there anything i can do?

please help as im lost now, it was a one off i have never received any type of fine before so im angry it was for parking in my own estate.

the comapny is called parking controll managment uk ltd

the also are with dmuk and ipc

The_Slithy_Tove · 6 September 2016 at 9:37PM

First things first. If you are renting, what exactly does your AST say about parking? If you own the property, what exactly does the lease say about parking? Is it an allocated parking space? Is that space part of the property (as per the lease)?

And what is this "contract" you mentioned in your appeal?

Answers to these will determine the approach you need to take.

aleks1244 · 6 September 2016 at 9:49PM

Car Parking
100.
101.
102.
103.
104. 105.
To park private vehicle(s) only at the Propeny.
To park in the space, garage or driveway allocated to the Property, if applicable.
To keep any garage, driveway, or parking space free of oil and to pay for the removal and cleaning of any spillage caused by a vehicle of the Tenant, his family, contractors or visitors.
To remove all vehicles belonging to the Tenant, his family or visitors at the end of the Tenancy.
Not to park any vehicle at the Property which is not in road worthy condition and fully taxed.
Not to store or keep on the Premises or any communal car park any boat, caravan or commercial vehicle without the prior written consent of the Landlord or his agent. Such consent not to be unreasonably withheld. The Landlord reserves the right to withdraw consent upon reasonable grounds and upon reasonable notice, any such consent previously given.

this is all i could find about parking in the contract, and the contract I was talking about is that I have a 12 month contract for the property, and i have extended for another 12months

please help!

Coupon-mad · 6 September 2016 at 10:00PM

the comapny is called parking controll managment uk ltd

Ignore them now then, just as the NEWBIES thread tells you to do, in post #3 and post #4 of that sticky advice thread.

IPC firms will not cancel a PCN, so sit tight. If you move house within 6 years, you must tell them (in writing, never by phone) your new address, and keep proof of posting. This makes sure you receive all the daft debt collector letters and never miss a small claim later on, if they try it on in a few years. Rare but defendable - and not paperwork to miss.

Read more about PCM and IPC members, search the forum, read the NEWBIES thread near the top of this board (NO LINK, one click back).

No-one is telling you to pay this. Complain to your landlord as it seems you are a tenant, so you are not a leaseholder/do not own the space.

Sit tight.

aleks1244 · 15 October 2016 at 10:21AM

Hello its me again I have recieved a letter from a company called - TRACE DEBT RECOVERY UK LIMITED

"Your case has now been passed on to above named company - for the collection of an outstanding debt.
Our client parking control management, has written to you requesting payment for parking charges relating to the above parking charge notice, however to date the debt has not been settled"

"additional charges have been leveid to cover the cost of recovery. to avoid additional fees and to prevent further recovery action being taken, you must pay the amount due of £160 by no later than 26th of october 2016"
"If you do not pay the full amount by the date shown above or you have not contacted us to agree a payment option by then, we will be forced to take further recovery action.

* the appointed firm of soliciters may be instructed to take your case to court
* should the case go to court additional court fees and legal costs may be recoverble from you

please do not ignore this letter if you are unable to pay the full amount please call to discuss payment options bla bla bla"

firstly this is the first letter i have recieved after the first post on the forums, it says £60 if paid within 14 days or £100 within 28 days and now they send a letter for £160

im afraid that they might send someone to take the car or items from property if i will not pay

please help what should i do? all info stays the same as first post i have sent them info that i have a contract and permit and it was a one off which they rejected.

PLEASE HELP!!

Umkomaas · 15 October 2016 at 10:31AM

Nothing you can do other than either pay or ignore.

Ignoring is the recommended advice. Store the letter. Only come back in the event of receiving a solicitor letter or court papers.

Have you complained to the landowner and asked them to intervene? Often works.

beamerguy · 15 October 2016 at 10:51AM

Hi, to allay your fears,

NOBODY WILL BE TAKING YOUR CAR
NOBODY WILL CALL AT YOUR ADDRESS

TRACE DEBT RECOVERY UK LIMITED are just another of those time wasting debt collectors.

It is just a try on to scare you. You may well get a few of these bully boy letters but just ignore them and NEVER make any sort of contact with them.

They are IPC members just like Parking Control Management and any company who uses the IPC run by the Gladstones boys can only be considered as a scam.

If PCM want to take this further, they must do it themselves.
Just wait and if they contact you, come back here

aleks1244 · 15 October 2016 at 11:21AM

thanks for quick reply makes me very happy that there are people that are willing to help, only worried as i was never in such a stupid situation before and as a young parent i cannot afford to pay large amounts of cash.

do you think they will let this go? or can the fine increase after months~?

i will be contacting the main management company to ask for help and if there is anything the can do as they are the ones that have employed them to watch the area

The_Deep · 15 October 2016 at 11:32AM

As your AST does not mention a permit you should complain to your landlord that the PPC/MA is interfering with your right to "quiet enjoyment" of your property, a possible offence under The Landlord and Tenant Acts.

Read this

http://www.miltonkeynes.co.uk/news/milton-keynes-woman-secures-landmark-victory-for-flat-tenants-in-parking-dispute-1-7459066

They are unlikely to let this go without a fight, but if they take you to court they will have an uphill struggle. Be prepared for lots of paper, and lots of threats. They can however do nothing until a Judge finds for them.

beamerguy · 15 October 2016 at 11:32AM

aleks1244 wrote: »

thanks for quick reply makes me very happy that there are people that are willing to help, only worried as i was never in such a stupid situation before and as a young parent i cannot afford to pay large amounts of cash.

do you think they will let this go? or can the fine increase after months~?

i will be contacting the main management company to ask for help and if there is anything the can do as they are the ones that have employed them to watch the area

You and thousands of others caught up in this mega scam.

If, and only if they go to court, any extra costs are minimal as it's only a county court.
The management company can get this cancelled so your job is to put pressure on them

Coupon-mad · 15 October 2016 at 7:57PM

aleks1244 wrote: »

thanks for quick reply makes me very happy that there are people that are willing to help, only worried as i was never in such a stupid situation before and as a young parent i cannot afford to pay large amounts of cash.

do you think they will let this go? or can the fine increase after months~?

i will be contacting the main management company to ask for help and if there is anything the can do as they are the ones that have employed them to watch the area

It is not a fine. It cannot increase to stupid amount, it's an invoice from a scam industry.

Think of these letters as phishing emails but just keep them.

Even if a parking company tried a small claim these are defendable (and rare) then the keeper can win and pay nothing. Even a lost case at small claims costs about £160, which is the same as being demanded now...so you can see not to pay. Why would you? Most cases never go near a court.

im afraid that they might send someone to take the car or items from property if i will not pay

You've been watching too much 'Can't Pay, we'll take it away' stuff on TV but not realised that bailiffs only come into the frame if a case is lost in court AND the person then refuses to pay after losing.

Just ignore them as we've already told you. Debt collector firms send letters, then...more letters. Then they give up.

Of course the management firm can cancel. Will they? Unlikely. Doesn't change anything.

Parking ticket in own bay No Permit - appeal rejected

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