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Postal Notification of Parking Cahrge from PCM


nasjam
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Hi, I require help in regards to a letter I received from Parking Control Management (in Slough). My wife required to hand in a letter in college which took hardly 7 min for her to come back and I stayed in a car at all times playing with mobile phone. I had parked my car just outside the college with no yellow lines. There was a space of parking, only 3 cars could be parked in this road side parking which also has got a notice board about Private Parking (which i failed to notice as i took this space belong to college). Roughly 3 min later a guy in a scruffy t shirt and jeans came and started taking photos of my car from his mobile phone, I was just thinking to myself why is he taking photos and then he went back of the car to take more photos. I asked him why the hell is he taking photos for and he replied "you will know once you get a parking ticket, this parking is a private" I said to him he could have asked me to move the car but he did not reply and sat in his car which he had parked on the other side of the road. i simply started my car and came out of parking space and made a U turn and I stopped my car in the middle of the road and I came out to ask him to show his ID. He refused to show by saying "I am not obliged to show you any thing". During this my wife came out of college and we came home. Today I received a letter from PCM asking to pay £100 (reduced £60). The letter also states that the driver drove off before the ticket was issued. How the hell he could have issued a ticket from his mobile phone?

What I would like to know

Is it legal to start taking photos with the intentions of issuing ticket while the driver is in the car ?

 

I feel it is totally unfair that I have been asked to pay while I was in the car. I would appreciate if any one can help me in this matter

Thanks.

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Ok first things first, what was the date of the parking and what was the date when you got the demand through to post?

If the notice through the post was issued incorrectly then the company are stuffed anyway. once we know the relevant dates we will advise on what to say next, the appeal against this will take a couple of stages but you will defeat these clowns.

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Ericsbrother, thanks for the reply. For now I can attach scanned copy of the letter and in the morning will go to the road to take a photo of the sign notice and will post that too.

Edited by nasjam
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The date of the "offence" appears to be the 18/09/14 and received "today" 24/09/14.

 

So they delivered the notice to keeper (NTK) in 6 days !!!!!!!

On a windscreen ticket (NTD) notice to driver.

The NTK must arrive between 29 to 56 days after the "offence".

 

I'm not sure I don't do the "legal bit" but they might have "Shot themselves in the foot". :lol:

 

See what the "Legal Crew" advise.

Good Luck

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The date of the "offence" appears to be the 18/09/14 and received "today" 24/09/14.

 

So they delivered the notice to keeper (NTK) in 6 days !!!!!!!

On a windscreen ticket (NTD) notice to driver.

The NTK must arrive between 29 to 56 days after the "offence".

 

I'm not sure I don't do the "legal bit" but they might have "Shot themselves in the foot". :lol:

 

See what the "Legal Crew" advise.

Good Luck

 

There was no NtD thumbup.gif

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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BPA Code of Practice: http://www.britishparking.co.uk/write/Documents/AOS/BPA_Code_of_Practice_-_February_2014_-_Version_4.pdf

 

 

9 Professionalism

 

9.1 The Code is based on the understanding that operators and drivers should deal with each other in a respectful way.

 

This means that as a member of the AOS you must maintain a professional standard of behaviour in carrying out your operational duties.This includes making sure that:

 

• vehicles engaged in parking enforcement, such as ANPR vehicles, are marked clearly with appropriate livery or your business name, so that members of the public can see that you are the operator.Vehicles used only to transport parking enforcement staff do not need to be liveried.

 

• your front-line operational staff wear a uniform and carry a photo-identity card that is visible and available for inspection by drivers

 

• you deal with drivers and other members of the public in a professional way, avoiding using aggressive or threatening language.

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Sorry - just noticed this is IPC not BPA.....

 

Their code of practice is: http://www.theipc.info/#!accredited-operator-scheme/c1yws

 

 

13. Professionalism

 

13.1 You agree that you will ensure all your operators, servants or agents will maintain a professional standard of behaviour when carrying out their duties and will comply with the rule of law.

 

 

14. Predatory Tactics

 

14.1 You must not use predatory or misleading tactics to lure drivers into incurring parking charges. Such instances will be viewed as a serious instance of non-compliance and will be dealt with under the sanctions system as defined in schedule 2 to the Code.

 

17. Grace Periods

 

17.1 Drivers should be allowed a sufficient amount of time in order to park and read any signs in order that they may make an informed decision as to whether or not to remain on the site before any enforcement action is taken by you or your agents.

 

17.2 Drivers should be allowed a sufficient amount of time to leave a site after a pre-paid or permitted period of parking has expired.

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Hi,

So this thug takes lots of pretty pictures then fails to issue a PCN and leaves it to the company to get the RK details nor does he give you time to find, read and fully understand the terms and conditions associated with parking there (how would this guy know how long it would take you to read anything)

 

Anyhoo, your initial appeal can be anything you like as they will reject you out of hand. This is when they should give you the code to appeal to IPC.

 

Even if you lost the appeal, PCM would have to take court action and you could wipe the floor with them.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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There was no NtD thumbup.gif

 

Correct.

 

The point I was trying to establish was.

Does the PPC have the right to get the "Keepers" details from the DVLA and deliver the NTK in 6 days because the driver "drove off" before the NTD could be "attached" ?????

 

If not then it's an "abuse" of the rules and I do not know the answer.

 

Hence my last 2 sentences (post # 4). Wait for the "Legal Crew".

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Para 9 of the PoFA doesnt specify the causes for issuing a NTK but it does raise a question about evidence of parking. If the person drove away them they werent parked.

 

So therefore the PPC obtained the "keeper details" from the DVLA under false pretenses because the OP (nasjam) wasn't parked.

 

Otherwise. ................ Any PPC attendant could photo any "offending car" and say it "drove off" before the NTD was issued.

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So therefore the PPC obtained the "keeper details" from the DVLA under false pretenses because the OP (nasjam) wasn't parked.

 

Otherwise. ................ Any PPC attendant could photo any "offending car" and say it "drove off" before the NTD was issued.

 

 

f16 - Are you suggesting that PPCs would do anything to try and [email protected] the public... faint.gif

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f16 - Are you suggesting that PPCs would do anything to try and [email protected]m the public... faint.gif

 

No. ........

I mean would I. ..... These fine, upstanding fellow members of society (albeit ex car clampers); would never try such a thing.

Nor would I suggest it.

 

They provide signage as clear as "mud" (a few grey areas).

Contracts with the "Land owner" that exist only in their mind.

Provide "pretty paintings" on the ground. ..... Meaningless. ..........

Then proceed to issue "tickets" for the most Petty "offences".

 

Parking outside a marked bay.

Displaying a disabled badge upside down.

Issuing out of date POPLA codes.

You know and I know the list is "Endless".

 

All the above more than likely over sites,.... Errors; made by the army of "Village Idiots" they employ.

 

As for "[email protected] the public".

Never.... Not a chance. :lol:

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