Hi
I received an email today from the removal company saying they received a fine whilst completing the unloading of boxes.The property is a flat. They were unloading for a couple of hours.
I have attached the fine in question and the signage.
They were not parked in the disabled bay, photo attached. I have marked the area as red where they were unloading.
Are there any grounds to appeal this?
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What does the email from the removal company say?
If they are the ones PCM have written to, then on the face of it, it is for them to deal with.
They said they received it on my job. They do quite a few jobs for me, so I didn’t feel it was right to say it’s their problem.
My response was please send a copy of the fine mentioned.
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You have 2 choices, pay the removals company the money or don't. You can't appeal the parking charge invoice (it's not a fine) as the contract isn't between you and the parking management company, it's between the driver and the parking management company. PCM are part of the IPC trade body so it's likely any initial appeal would be rejected. The experts on here will need to see the back of the PCN letter as well. It's possible it's not POFA compliant which means the keeper of the vehicle can't held responsible and there is no requirement for the keeper to name the driver. It'll be down to the wording on the back. Any appeal would need to based on technicalities like this as on the face of it the driver of the removals van may have entered into and then breached the terms of the contract with PCM. They won't accept moving in as an excuse for parking in a disabled bay.
I would suggest there may be a clause in the lease specifically allowing removals vehicles to park on the communal roadways.
One could potentially advance an argument based on Jopson vs Homeguard, too, although I'd have to re-read that judgement. OP, is the flat they were delivering to yours? If so, what does your lease say about parking and use of communal spaces etc.?
Before we get onto any protracted debate about the merits of PCM's claim against the removals company... We can advise on the legal position, but any decisions regarding the maintenance of good relations with the removals company is a matter for you to decide.
To answer your initial question - yes, there are potential grounds to appeal the charge. However, it would be for the removals company to do so, as they are the ones being pursued. As ixxy correctly notes, PCM will almost certainly reject any appeal regardless of merit, and the same goes for an appeal to the IAS. The removals company would potentially need to be prepared to defend the matter in the county court.
As for whether you have any responsibility - that would depend on what your contract with the removals company says. It would need to include some sort of clause indicating that you were responsible for any private parking charges incurred whilst delivering to you. That said, even if such a clause existed, I'd argue that such a clause may be an unfair term, depending on its wording, as it would potentially make you liable for the driver's negligence in failing to read and abide by the terms of parking at the site.
What have the management company said about getting it cancelled?
You could always direct the removal company here, when they could get advice on how to deal with it.