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Made an appeal to IAS before I knew of this forum...

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There are so many parking oracles on here, I'm amazed I didn't know about this forum I feel it could have saved me a lot of time and hassle...

I made the apparently grave error of appealing to the human side of Parking Control Management (I'm clearly an idiot, I know) which obviously got rejected. I then followed their procedure and started an appeal via the IAS, which I now know after reading on here to be a foolish mistake. I was hoping someone could help me!!

Essentially, I parked outside my home in my new car. My old car was written off, and so I salvaged the permit but not the sticky windscreen holder thing. I didn't notice at the time, but the air conditioning blew my permit out of vision and I got a ticket that night. I feel here is grounds for appeal, as I own a permit, I gave evidence that I own a permit, it just wasn't displayed due to a very human error which cost them NOTHING but they now want £100. This is so disproportionate to any loss they occurred due to me Parking as I do every night but not showing a permit.
I had a look at the signage, it says (and is over 7ft high up, so I had real trouble reading the tiny writing) that I agree to the contractual terms of paying £100 to be paid within 28 days by failing to display a valid permit.
It just seems so wrong that they are allowed to do this!!

Any ideas would be greatly appreciated.

Thanks!!!

Comments

  • safarmuk
    safarmuk Posts: 648 Forumite
    edited 11 October 2017 at 1:54PM
    Presuming you have a flat - do you own or rent it? If you own it you will have a lease and if you rent it you will have a tenancy agreement. In either case you, in the first instance, need to look to see what that lease/tenancy agreement says about your parking rights outside your home and in your allocated bay.

    You should also contact the Management Agent and the Freeholder (if applicable) and ask them to get this cancelled for you - in the first instance they may well fob you off but in that case you will need to persist, ever more forcefully, backed up with what your lease / tenancy agreement says (once we know)
  • Umkomaas
    Umkomaas Posts: 43,261 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I’m afraid there’s little more you can do now to get this cancelled (other than advised above), unless you have it ruled on by a judge. That doesn’t mean you pay it now, wait to see if you receive a LBCCC from PCM's Solicitors (Gladstones) or real court papers. Come back if you receive either. Meantime, read up on how to handle a court hearing from LBCCC to successfully defending yourself, by going to the NEWBIES FAQ sticky, post # 2, where experienced Court regulars, including Solicitors, have provided comprehensive advice and guidance.

    While Gladstones and a number of IAS operators (including PCM) have been pretty trigger happy in suing motorists over the past 18 months, new requirements placed on them from 1 October are likely to make it more difficult for them to do so.
    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
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