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    • LauraV
    • By LauraV 9th Jul 17, 8:47 PM
    • 27Posts
    • 15Thanks
    I have read the newbie thread but think my case is different... help
    • #1
    • 9th Jul 17, 8:47 PM
    I have read the newbie thread but think my case is different... help 9th Jul 17 at 8:47 PM
    I am VERY new to this so I apologise now for my lack of knowledge etc
    I received a PCN on 30/06/17 from Parking & Property Management ltd for not displaying a valid permit.
    As I had arrived home from work with numerous bags to carry I did forget to display the permit. When I remembered around 45 minutes later I rushed down to my car to find the PCN, however the location is incorrect. Believing that I had grounds for appeal I completed their appeal form on their website. I did do some research online and this is what I put:
    'I wish to formally challenge the above PCN.
    The PCN states that the vehicle was parked in ****. The car in question was never parked in the stated location at the mentioned time or date. Therefore the contravention did not occur.'
    Today I received their judgement, which of course they have refused my appeal. They stated that due to the photographic evidence they have that the location on the PCN was not relevant.
    Being a complete novice to this I have most probably made errors in my process but wondered whether I had grounds to take it to the IAS?
    I look forward to hearing from you all
Page 2
    • LauraV
    • By LauraV 10th Jul 17, 7:06 AM
    • 27 Posts
    • 15 Thanks
    I am happy to try both avenues. I will draft up a letter today for the MA and post for you all to have a look at.
    I've just checked through all the letters we received regarding the changes to the parking conditions and nothing refers to the leases. I did however spot a paragraph stating that in no way would the MA act as a mediator in cases against the PCN... I take it this is just another scare tactic?
    • LauraV
    • By LauraV 10th Jul 17, 6:30 PM
    • 27 Posts
    • 15 Thanks
    Here's what I've put together for the MA, your advice would be greatly appreciated as I'm not sure whether I'd worded it correctly. Also I wasn't sure how to sign it off?

    Being a resident on this site I was under the assumption that the parking company was put in place to deter unwanted and dangerous parking, not legitimate residents. On 30th June 2017 a PCN was placed on my vehicle. The vehicle was parked in a visitors bay for a short period while it was being unloaded as it was closer to the property. When the driver returned to the car to display the permit the ticket had already been issued, in a matter of time less than 30 minutes. At no point was the vehicle parked dangerously or inconsiderately. Would it not be more effective for the PPC to have a 'whitelist' of vehicles allowed to park on the site rather than an antiquated paper based system that is open to errors and human mistakes.
    After close examination of the PCN it also clearly states that the vehicle was parked at '***********'.
    As this was clearly not the case I sent an appeal to which it was rejected. I would expect that the initial appeal system was put in place to distinguish the legitimate claims from the chancers so the appeal from a legitimate tenant/leaseholder should have been upheld but it was not. Please take into consideration the following from my lease:
    'Schedule 3.1 - The right for the leaseholder and all persons authorised by the leaseholder (in common with all other persons entitled to the like right) at all times to use the Common Parts for all purposes incidental to the occupation and enjoyment of the premises and the visitors parking space (but not further or otherwise)'
    At no point does the lease refer to having to display a valid permit and the lease has precedence over the parking scheme due to primacy of contract. The terms of the lease cannot be varied by the PPC and if a variation of contract has been made, where is my written notification that I agreed to it?
    Not only does the lease not state the need to display a valid permit but the PCN was invalidly issued on my vehicle therefore...
    • Coupon-mad
    • By Coupon-mad 10th Jul 17, 6:36 PM
    • 57,473 Posts
    • 71,072 Thanks
    Not bad, but it sounds like an appeal and they will tell you 'in no way will the MA act as a mediator in cases against the PCN'!

    I would suggest you read the fantastic letters written by LOC123 on hairray's thread! Just search the members list for 'hairray' and click on their username to read their thread and the linked letters.

    He/she got their PCN cancelled by threatening to sue the MA, it focussed their minds.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • LauraV
    • By LauraV 10th Jul 17, 7:10 PM
    • 27 Posts
    • 15 Thanks
    I had a feeling it wouldn't be right. The letters by LOC123 look incredible although completely beyond me! I wouldn't want to adapt them as I'm sure it would be completely wrong and knowing my luck I'm missing something in the lease.
    • Redx
    • By Redx 10th Jul 17, 7:21 PM
    • 18,119 Posts
    • 22,906 Thanks
    so draft one up and post it here for critique

    it costs nothing to do this !!

    if the MA engaged the PPC, they are legally responsible and liable for the actions of their appointed agent and cannot just wash their hands of it

    as mentioned earlier , threatening to sue a MA in court usually focusses their minds
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • LauraV
    • By LauraV 10th Jul 17, 7:46 PM
    • 27 Posts
    • 15 Thanks
    My above post shows my drafted attempt which is clearly wrong. I have no idea where to start with such a letter as LOC123's as I have no knowledge of law whatsoever.
    • LauraV
    • By LauraV 10th Jul 17, 7:56 PM
    • 27 Posts
    • 15 Thanks
    If there is anyone that could draft a letter for me it would be greatly appreciated. I can take copies of the lease if needs be.
    Do I need to make an appeal to IAS? Seeings as my main issue is the location error on the PCN.
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