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PCN Advice needed - yes i have read the sticky

bridgetp
bridgetp Posts: 4
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edited 29 November 2017 at 5:49PM in Parking tickets, fines & parking
Hi All, i am really hoping someone could offer me some advice.


i have read the sticky but am a little unsure what my first action should be.


As owner I recently received a PCN through the post from University of Leeds. The car was parked in their carpark one evening a few weeks ago. The driver saw signs saying the multi storey carpark was open to the public after 5pm so parked at 5.28. There was no barrier to drive through and it seems they use number plate cameras for entry and exit times. The driver looked for a pay station and could not find one, they asked someone in the carpark who said they thought it was currently free to park, as it was evening the driver could find no staff to speak to so called into the student information point at the union, again they advised that parking was free.


As owner i have now received a PCN for £80 for failure to pay. my question is should i complain based on the fact the driver couldn't find the pay station and send the fee which should have paid (£4) in the first instance, or should i use the template (they are IPC members) and go down the route of no liability straight away.


thanks for any advice you can give

Comments

  • parking date 15 November, PCN issue date 22 November, received 24 November.

    grateful for any advice, thanks in advance
  • Fruitcake
    Fruitcake Posts: 58,155
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    edited 29 November 2017 at 4:32PM
    You need to edit your post to remove information about who did what. Only ever refer to The Driver and The Keeper, who are two different people.
    Parking scammers read these fora and have been known to use posts from here in court.

    Guys Dad, please would you delete your quote as well.

    Mitigating circumstances won't work. Use the IPC template from the NEWBIES exactly as is.
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  • Guys_Dad
    Guys_Dad Posts: 11,025
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    bridgetp wrote: »
    parking date 15 November, PCN issue date 22 November, received 24 November.

    grateful for any advice, thanks in advance

    Within POFA timescale, unfortunately.
  • Hi, i sent the letter as advised and have today received the following response...... any advice please?

    Thank you for contacting me regarding your Parking Charge Notice (“PCN”).

    To answer your questions;

    1. The University manages all parking enforcement and is the landowner of the site this PCN was incurred on.
    2. Yes.
    3. Photos attached.
    4. Photos attached.
    5. The timings of the ANPR cameras are regularly checked and are computer controlled.

    At both entrances to the University of Leeds car parks (at Woodhouse Lane and Willow Terrace) there are multiple signs stating the terms and conditions of parking here. You have driven past those signs, entered the car parks and thereby have accepted the conditions of parking on University land. There is further signage throughout the car parks again displaying the conditions of parking.

    Unfortunately I am unable to cancel the PCN on this occasion. However, if you wish to appeal then you can do so to the Independent Appeals Service (IAS). Details of the appeals procedure can be found at theIASdotorg. The IAS provides an Alternative Dispute Resolution scheme for disputes of this type. We will engage with the IAS Standard Appeals Service providing you comply with our internal appeals procedure as detailed herein and that thereafter you lodge an appeal to the IAS within 21 days of rejection. If you do appeal and do not hear from us within 28 days then please contact us, do not assume that your appeal has been successful. Please be advised that if you choose to appeal to the IAS and your appeal is unsuccessful, you will lose the right to pay at the reduced amount. Due to legal procedures, it is difficult for the University of Leeds to submit verbal evidence before the court. We therefore regret that we are unable to deal with telephone enquiries with regard to the issue of this PCN. All enquiries must be forwarded in writing. This charge has been lawfully issued and the collection process will be carried out in accordance with The Administration of Justice Act 1970.

    Kind regards,
  • pappa_golf
    pappa_golf Posts: 8,895
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    edited 7 December 2017 at 10:41AM
    As per the parking enforcement terms and conditions (opens new PDF), any vehicle in breach of these conditions will be issued with a parking charge of £80 (reduced to £40 if paid within 14 days).

    vehicles must be registered in advance.

    http://carparking.leeds.ac.uk/out-of-core-hours/
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  • Umkomaas
    Umkomaas Posts: 41,257
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    Appealing to the IAS is a total waste of time - you have no chance and all it does is reinforce the ‘legitimacy’ of the parking charge. Don’t give them that opportunity. The NEWBIES FAQ sticky, post #3 deals with 2nd stage appeals.

    Thereafter, it’s a case of riding this out and see what the UoL’s next move is. There is nothing more you can do to get this overturned (without paying it, which no one here would suggest).

    Have you got photos of the various signs around the car park - especially the ones suggesting ‘Free after 5pm’? If not, get them now.

    You might also try to get a signed witness statement (or just confirmation in writing - on paper or via email) from the Students Union about their understanding of the parking arrangements after 5pm.
    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.

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