Free Traffic Legal Advice

Hello,

My car received an PCN for being parked without a permit on a CPM controlled area.

On the online appeal I, as the car keeper, stated that the driver parked outside the CPM area (which is a private housing estate, near a train station), as it was parked before the cement pillars (that logic states: designate the beginning of the area).
This was clear to see in the photos they attached to the PNC. It was also clear from those photos that the CPM sign is several meters away from where the car was parked (inside the CPM area, where only residents would go in), which meant that the driver couldn't even seen it.

They refuted this and said "Whilst we note the comments and reason for appeal, as per our photographic evidence, the vehicle was parked in contravention of the advertised terms and conditions. As the vehicle was parked without a valid permit on display, we can confirm that this PCN has been issued correctly."

They now say I, as the car keeper, have two options: Pay the £60 (reduced from £100) or appeal to IAS.

I'm sorry I can't post the photos here as I can no longer access the PCN as I already appealed. But I've added a very small photo of the PCN itself. I highlighted the two pillars (green arrows) and the notice on the side of the house, several meters to the side of the pillars (where only a resident would have entered...)


Any advise what I can write in my appeal to IAS?

Thank you!

you no longer have the PCN??
was it affixed to the car or sent through the post?
where was this? GSV location please

did you read this..
READ THIS FIRST - **BEFORE POSTING YOUR CASE!**,

https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/

PNC attached.

This was their reply to my online appeal:

"At UK CPM we consider all appeals on a case-by-case basis. We take each appeal very seriously and thoroughly investigate any evidence that has been provided. We appreciate your circumstances and understand this is not a situation anyone would like to find themselves in; however, these parking conditions have been put in place to ensure fair usage for all motorists and support the needs of our client. After careful consideration, it is unfortunate that I am writing to you today to advise that on this occasion, your appeal has been unsuccessful.

The decision to uphold your parking charge notice has been made on the following basis.

Whilst we note the comments and reason for appeal, as per our photographic evidence, the vehicle was parked in contravention of the advertised terms and conditions. As the vehicle was parked without a valid permit on display, we can confirm that this PCN has been issued correctly.

You have now reached the end of our internal appeals procedure and therefore you now have two options; either pay or appeal to the Independent Appeals Service (IAS) - you cannot do both.

To make payment of the total amount due as shown above, please use one of the following payment options;

Online: www.paymyticket.co.uk
Telephone: 0345 463 4040 (24hr)
Post: Payments & Collections, PO Box 3114, Lancing, BN15 5BR

Alternatively, if you do not agree with your internal appeal outcome and you wish to dispute the matter further, as you have complied with our internal appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service providing you lodge an appeal to them within 21 days of this rejection.

The Independent Appeals Service (www.theIAS.org) provides an Alternative Dispute Resolution scheme for disputes of this type. If you decide to appeal to the IAS, you will need to visit their website and use your PCN reference and corresponding vehicle registration. All PCN's will be uploaded to the IAS website by the end of this working day.

If you appeal this charge further then you will lose the ability to pay at the reduced rate (if applicable). In the event that your IAS appeal is unsuccessful, the full amount for the PCN will then be payable. If you lodge an appeal with the IAS and then subsequently pay the charge prior to that appeal being determined, then the appeal will be withdrawn, and you will not be given a further opportunity to contest the charge.

If you do not wish to dispute the matter further and payment is not received within 28 days of the date of this correspondence then additional charges may be incurred, for which you may be liable. If the charge continues to remain outstanding, the matter may be later referred for litigation in the County Court which could result in a County Court Judgment being made against you; this may impact on your ability to obtain credit in the future."

Do you have photos of the location, or alternatively, a Google Street View link?

As I already appeal to CPM, I can no longer see the phootos they took.

Google street view link (Hope it works!):
https://www.google.com/maps/@51.3500035,-0.4814136,3a,75y,277.37h,79.7t/data=!3m7!1e1!3m5!1snKUF3U0uKXE7bg8vHmwVmQ!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D10.298748691732953%26panoid%3DnKUF3U0uKXE7bg8vHmwVmQ%26yaw%3D277.36720474147154!7i16384!8i8192!5m1!1e1?entry=ttu&g_ep=EgoyMDI0MTIwOS4wIKXMDSoASAFQAw%3D%3D

My car was parked like the red corsa in the street view: "before" the pillars. The CPM sign is on the all "after" the pillars, "inside" the housing estate that only a resident would walk/drive into. So the sign itself is not visible from the main street, where is permitted to park without a CPM permit.

Thanks!!

Those GSV images are from April 2018, nearly 9 years ago. You were either parked on the estate where parking is managed by CPM or you were parked in the station car park. Who manages the station car park?

Unless you can get the Land Registry plans or something to show the boundaries, this is going toe difficult to advise on.

This is a odd area, as there are 3 parking zones.
See photo attached:
BLUE - side of the road where is free parking. My car was parked at the end of that blue line, just before the pillars at the start of pink zone.
PINK - CPM zone (sign for this zone is a few meters inside it, away from the station, "inside" the housing estate, where only a person walking into that area would have seen it - see previous post photo)
YELLOW - the 3 station car parks, run by NCP company - when BLUE road is full, a non resident (aka, someone without CPM permit) would have to park in one of these...

I hope this helps explaining

Thanks

Quote from: b789 on December 14, 2024, 01:28:57 pm

Those GSV images are from April 2018, nearly 9 years ago.

your time machine needs adjustment b789 

A jet-lag induced calculation error. Mea culpa. 

ooking at GSV I would suggest if the OP was parked where the red Corsa is then they were on Westfield Parade and neither in the private area not the station car park. there appears to be the remnants of a white line across the estate entrance just behind the Corsa. Boundary delineation??

Indeed, this is what I think as well.
I can no longer see the photos they took, only the two little ones that i posted with the PCN.

Their response was no to my appeal, so only next step now is IAS.
I never appeal to IAS before, so any advise what I should say?

Greatly appreciated!!

an appeal to the jokers IAS will fail  thats almost guaranteed but a member will give you more advice on that and how to proceed.

Oh... Well, I need to try

And yes, would be great if anyone could advise me what to write! Thank you in advance!!

Less than 5% of IAS appeals are upheld. Therefore, an appeal to the IAS is a waste of time. If you feel the need to do so, then go ahead but we don't have enough time or resource to put one together.

This is more likely going to be won in court. It probably wouldn't even get that far as they would likely discontinue before they had to try and prove their point.

Have a search for similar POPLA appeals on here for an idea on how to do it.

Hello,

Well, if I do not appeal to IAS, what else can I do?

CPM declined my appeal and said the PCN stands...