Author Topic: Parking charge Cwmdu Industrial Estate Gendros Swansea  (Read 3149 times)

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Re: Parking charge Cwmdu Industrial Estate Gendros Swansea
« Reply #15 on: »
I have requested from the local authority whether the road leading to the industrial estate is an adopted road. They sent me a map of all adopted roads any idea why the LA would place 20:MPH on a private road.

Re: Parking charge Cwmdu Industrial Estate Gendros Swansea
« Reply #16 on: »
It's not really relevant at this stage. Just send the appeal as advised and then we can deal with anything else if or when necessary.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Parking charge Cwmdu Industrial Estate Gendros Swansea
« Reply #17 on: »
The Registered keeper has received a Parking charge notice issued to the driver of a motor vehicle for parking not wholly in parking bay in an Industrial Estate. Upon entering the estate there are no signs to indicate that the Estate is private land.The driver wanted to visit Toolstation and upon driving into the parking bay noticed a parking sign left the vehicle not wholly parked in the bay in order to read the sign which indicated that the vehicle must be parked within the bay. The driver returned to vehicle  and decided to move it. They did not see or was approached by any person. The parking charge notice received just provides a time of incident i.e. 1402 there are no times provided for observation of the vehicle parked. As I understand it there should be a grace period to be observed in order to ensure that the terms have been read and agreed to.
I will post up PCN and signs asap

Re: Parking charge Cwmdu Industrial Estate Gendros Swansea
« Reply #18 on: »
Apologies for the above repeat was looking at how to copy and sate for filing

Re: Parking charge Cwmdu Industrial Estate Gendros Swansea
« Reply #19 on: »
did you send the appeal @b789 posted for you?
or did you change it to the above?
Quote from: andy_foster
Mick, you are a very, very bad man

Re: Parking charge Cwmdu Industrial Estate Gendros Swansea
« Reply #20 on: »
Apologies for the above repeat was looking at how to copy and sate for filing

No appeal to the operator is ever going to be accepted, no matter how blatantly absurd their claim is. No money in it for them.

Whilst I personally wouldn't bother with a subsequent IAS secondary appeal, as that kangaroo court only serves its paymasters, and that ain't you. Others would advise you give it a shot anyway. So, save those details for any secondary appeal and, more likely, a Witness Statement should the inevitable county court claim progress as far as a hearing, which it won't.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Parking charge Cwmdu Industrial Estate Gendros Swansea
« Reply #21 on: »
I have received acknowledgement of my appeal which was advised and had automated reply.
Is there any point at this stage making a complaint to the land owner. I have also asked the LA why they have placed speed limit signs on private land in order to establish whether the council tax payer has had to foot the bill or Welsh Government. Will be interesting reply.

Re: Parking charge Cwmdu Industrial Estate Gendros Swansea
« Reply #22 on: »
Plan A, a complaint to the landowner is always worthwhile. We take it for granted that the recipient of what they consider and unfair PCN would try Plan A.

Let us know what the LA come back with.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Parking charge Cwmdu Industrial Estate Gendros Swansea
« Reply #23 on: »
I have submitted an e mail to the Landowner as per advice and will wait for their reply if any.

Re: Parking charge Cwmdu Industrial Estate Gendros Swansea
« Reply #24 on: »
I have had a reply from the local authority regarding the placing of speed limit signs on Private Land I also asked in my initial e mail who was paying for the privelige of these signs.

I have also written to Landowner regarding the PCN yet to hear back.

Any observations would be appreciated

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Re: Parking charge Cwmdu Industrial Estate Gendros Swansea
« Reply #25 on: »
A classic example of officious waste of public money. In other words, they have taken it upon themselves to nanny motorists by putting up speed limit signs at the entrance to private property where no such legal obligation exists.

Utter waste of public funds and inexcusable. If what they are claiming were necessary, they should put up such signs at the entrance to every driveway in their borough. Equally, they would be required to put a sign on the other side of it indicating the speed limit of the public highway that the driveway leads onto.

Doesn't really affect the case but you should get your local media interested in this nanny state waste of public taxes.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Parking charge Cwmdu Industrial Estate Gendros Swansea
« Reply #26 on: »
I have had my appeal to the Private Parking Company rejected which comes as no surprise. Is it worth putting the rejection letter up for viewing.

I would like assistance in forming an appeal to I A S given all the circumstances especially in relation to signage

Section 3.1.1
An entrance sign must be displayed and maintained at the entrance to the controlled land to inform drivers  as appropriate whether parking is permitted subject to terms and conditions including payment or is prohibited unless
 
The nature of the premises makes this unnecessary such that drivers would  not reasonably assume parking was permissible gives an example of a small shop forecourt or private driveway.
As one can see there are no signs at all at the entrance of the Industrial/ Retail Park on one of the two entrances.The one that does have one states P Welcome in blue on the offside of the road when driving into the estate this sign is not conspicuous and is placed on the side of the road where there are yellow lines.
The other sub section relates to where signs are not practicable e.g where local planning restrictions prohibit such signs.

I feel that as the driver entered the estate at an entrance where no signs were displayed this needs to be considered.

Further subsection 3.1.3 states that signs placed on the controlled land drivers have the chance to read them at the time of parking or leaving the vehicle it adds that the signs must be clearly visible to the driver from a distance and legible on approach.
Given the fact that the signs were placed on the ground behind parking bays whereby they are obstructed to the view of a driver when a vehicle is parked in a parking bay where they are sited this in itself must hold credence.
These signs could have been placed strategically on the building alongside the signs indicating that customers only should park in the parking bays. It Wouk’s make sense to have the relative signs places at every parking bay.
I look forward to your valuable advice in formulating my appeal.It will be very interesting what the outcome from IAS will be.

Re: Parking charge Cwmdu Industrial Estate Gendros Swansea
« Reply #27 on: »
I have copied the rejection reply which I assume is the usual general rejection letter sent out.
Thank you for your appeal against the above Parking Charge Notice.

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 not parked fully within a bay, 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

Re: Parking charge Cwmdu Industrial Estate Gendros Swansea
« Reply #28 on: »
In this appeals process, you are playing against a stacked deck. UKCPM were never going to accept any appeal. The IAS are this independent:

UKCPM belong to the International Parking Community (IPC) is the trading name of United Trade and Industry Ltd. The IPCs director are Will Hurley and John Davies (John Llewellyn Gladstone Davies). The Independent Appeals Service Ltd (IAS), has the following directors... Will Hurley. Which firm of bottom dwelling solicitors do you think they use for their bulk litigation? Yes, Gladstones, and who do you think the MD of Gladstones is? Yes, John Davies.

If you want to waste your time on a futile IAS appeal, be my guest. However, I would advise waiting out all the useless debt crawler letters that are going to come your way and when they issue a claim, that is when you will win. The debt collectors are powerless and can be safely ignored. Do not ever, ever, communicate with a useless debt collector.

Come back when you receive a Letter of Claim (LoC) and we will advise you through the inevitable strike out or discontinuation.

You have a very strong defence as you cannot be liable as the Keeper because their NtK is not fully compliant with PoFA, 9(2)(b) and 9(2)(e)(i). Also, they are in breach of the PPSCoP sections 3.1.1 and 3.1.3.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Parking charge Cwmdu Industrial Estate Gendros Swansea
« Reply #29 on: »
Thanks for the advice will await what comes next.