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PCN from London Parking Solutions


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Hi guys,

 

This seems a very good forum that has sparked more interest than I thought possible on the topic of parking charge notices! (That I now know not to refer to as fines)

 

So, onto the chase:

 

At 21:01 on Friday 3rd January I received a PCN from London Parking Solutions for having no valid permit on display.

 

I was parked, in which I now am told is the staff section of the Odeon Cinema I was visiting. My friend works in the cinema, and told me "You can park in the car park, it is free after 19:30".

 

Unbeknownst to me, there are the two sections of the car park, the customer one of which is actually behind the building, out of sight and with no signage to at the cinema to indicate those not familiar with the area where it is. Naturally, the small staff car park only had two A3 notices stipulating that it is the staff car park, were/are not lit, and are over 3 metres off the ground on walls. Neither are within a line of site of where I parked the vehicle.

 

I parked at this car park, unaware of its status at just after 20:00.

 

I have spoken with my friend (the employee at the cinema) and one of the manager's at it, and she said that 'They can get the fine reduced, but not removed'. Which by reading of the comments on this forum seems a bunch of baloney, so we shall be speaking with one of the more senior managers tomorrow.

 

In the interim, I would like to know my rights/start typing up an appeal, as on the balance of:

1) The time of night and the space occupied not being required by a member of staff

2) If it was needed, he/she could (being familiar with the area of course) use the free parking at the other section of the carpark 3) The lack of signage, and lack of visibility of existing signage at that time of night

4) The cinema incurred no loss, but a financial gain from my presence at it

5) No existing signage indicating how to enter/indicate the existence of the other section of the car park, as the exit is adjacent to the staff one I parked at, and simply labelled with 'No Entry' signs.

 

I was originally going to submit and pay this fine of £100 (reduced to £60 within 14 days), as is my nature, but reading various blogs and forums such as this has made me aware of just the way these companies operate. Indeed, on the notice it has a grammar/omission error which leaves me uncertain to its BPA status - "is a member of the British Parking Association and a registered ***missing word?*** in England and Wales no. 0641401", which indicates to me the flimsiness with which they operate.

 

Therefore, in addition to feeling aggrieved over the lack of signage, I want to fight this PCN and company as part of the ongoing fight against unfairly awarded PCNs.

 

Any advice would be warmly welcomed, though am at the end of the day hoping the senior manager will be able to handle it! Just like to have bases covered. :)

 

Happy new years!

Edited by The Natal Shark
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right the simple 'appeal'

 

get the popla number

 

and do the same

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you should appeal to the parking company on the grounds of

1/ you had permission to park there by the occupier or his agent.

2/ inadequate signage voids any possibe contract with parking co as you were ignorant of the possibility of one being entered into.

they may decide to cancel your charge but I wouldnt bet on it. What I would bet on is that they would never go to court and argue that the Odeon didnt have the right to determine who they allow on their land and that a unilateral contract can be formed when you are ignorant of that possibility or of the terms included or implied (the no entry signs damage their claim for implied contract).

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right the simple 'appeal'

 

get the popla number

 

and do the same

 

dx

 

you should appeal to the parking company on the grounds of

1/ you had permission to park there by the occupier or his agent.

2/ inadequate signage voids any possibe contract with parking co as you were ignorant of the possibility of one being entered into.

they may decide to cancel your charge but I wouldnt bet on it. What I would bet on is that they would never go to court and argue that the Odeon didnt have the right to determine who they allow on their land and that a unilateral contract can be formed when you are ignorant of that possibility or of the terms included or implied (the no entry signs damage their claim for implied contract).

 

Thank you for the input :)

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  • 2 weeks later...

Hi, I received this email response from LPS:

 

Thank you for your recent email, your comments have been noted.

In order for us to log your appeal we require your full corresponding address, once we are in receipt of this we will deal with your appeal accordingly.

 

Please provide this information by the 31/01/14, so you are within the reduced amount time period.

 

Kind regards,

LT

 

 

Do I really need to give my address? Or not? Something tells me the latter...

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They are fishing to find out your address as DRIVER of the vehicle. Ignore them and make them do the work from now on. They must send a notice to the keeper of the vehicle between 29 and 56 days of slapping the ticket on the screen (day 1).

You havent put up the email you sent them but I am presuming you did so as the driver so all you can do now is wait. If you had written without giving any indication that you were the driver (ie said my car had a ticket slapped on it rather than I parked in the Odeon) then by all means appeal again and if they reply to you as the assumed driver you can simply say thet you were corresponding as the RK and by then they will have screwed up procedurally and they wont be able to use the courts to claim from the RK

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