Author Topic: Resolution Way SE8 - Parking Control Management Ltd  (Read 102 times)

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Aubama

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Resolution Way SE8 - Parking Control Management Ltd
« on: February 29, 2024, 11:01:17 am »
Hi there, Please can I get advise on appealing this pcn..I had parked to use the gym facility and got this charge.  The gym have said that they cant help with the issue.




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DWMB2

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Re: Resolution Way SE8 - Parking Control Management Ltd
« Reply #1 on: February 29, 2024, 11:14:56 am »
Read this thread: READ THIS FIRST - Private Parking Charges Forum guide, and provide us as much of the information requested as you are able to.

In particular we need more info on the site in question. For example:
  • Is it the gym's car park
  • If so, what are the procedures for acquiring a permit? Why didn't you have one?
  • Can you show us pictures of the signage at the site?

b789

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Re: Resolution Way SE8 - Parking Control Management Ltd
« Reply #2 on: February 29, 2024, 11:57:51 am »
Fails PoFA 9(e)(ii) as the NtK doesn’t invite the keeper to “pass the notice on to the driver”.

POPLA would uphold an appeal on that alone. However, you are dealing with an IPC member and it would be a day to go out and purchase a lottery ticket if the IAS uoheld an appeal on that or anything else for that matter.
« Last Edit: February 29, 2024, 12:01:26 pm by b789 »

Aubama

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Re: Resolution Way SE8 - Parking Control Management Ltd
« Reply #3 on: March 05, 2024, 11:17:47 am »
Read this thread: READ THIS FIRST - Private Parking Charges Forum guide, and provide us as much of the information requested as you are able to.

In particular we need more info on the site in question. For example:
  • Is it the gym's car park
  • If so, what are the procedures for acquiring a permit? Why didn't you have one?
  • Can you show us pictures of the signage at the site?

Apologies for lack of info.  It is not the gyms car park, but the gym does issue a physical permit for parking which on this occasion I did not leave in the dashboard.

I'll go there today to take pictures of the signage

Thank you

Aubama

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Re: Resolution Way SE8 - Parking Control Management Ltd
« Reply #4 on: March 05, 2024, 11:18:58 am »
Fails PoFA 9(e)(ii) as the NtK doesn’t invite the keeper to “pass the notice on to the driver”.

POPLA would uphold an appeal on that alone. However, you are dealing with an IPC member and it would be a day to go out and purchase a lottery ticket if the IAS uoheld an appeal on that or anything else for that matter.

Sorry, what exactly does this mean?

b789

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Re: Resolution Way SE8 - Parking Control Management Ltd
« Reply #5 on: March 05, 2024, 02:53:02 pm »
It is an appeal point. Because of the failure to use the correct wording in the NtK according to the Protection of Freedoms Act 2012 (PoFA), they cannot rely on that act to hold anyone but the driver liable for the charge.

They have no idea who the driver is. All they know is that you are the keeper. Because they cannot rely on PoFA, they cannot transfer liability from the driver to you, the keeper. The keeper and the driver are two separate legal entities and no assumptions or inference can be made.

So, as long as the keeper has not identified as the driver, inadvertently or otherwise, the keeper cannot be liable for the charge. They can only hold the driver liable and so they must go find the driver and chase him/her. You could wish them luck in doing so.

However, you are dealing with an ex-clamper and the IPCs kangaroo court of secondary appeals, the IAS. Neither are likely to uphold that appeal point because they are money grabbing shysters. It would probably have to end up as a claim in the county court and the only truly independent arbiter would be a judge who decides whether you, as the keeper, owe the shysters a debt or not.
« Last Edit: March 05, 2024, 02:56:21 pm by b789 »

Nosy Parker

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Re: Resolution Way SE8 - Parking Control Management Ltd
« Reply #6 on: March 05, 2024, 03:47:57 pm »
You asked for advice on appealing. You can’t appeal because the appeal deadline had expired before you asked about it.

But no worry because an appeal would have been rejected anyway both by the parking company and the fake so-called “Independent Appeals Service”.

“Appeal” is not the best way to deal with this particular bunch of incompetent scammers.

They can’t enforce their parking charge except by suing you in the county court and winning the case which they can’t do provided you defend yourself properly.


I suggest you visit the Newbies thread over at https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou#latest

and follow the step by step guidance to victory
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Aubama

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Re: Resolution Way SE8 - Parking Control Management Ltd
« Reply #7 on: March 17, 2024, 04:28:04 pm »
You asked for advice on appealing. You can’t appeal because the appeal deadline had expired before you asked about it.

But no worry because an appeal would have been rejected anyway both by the parking company and the fake so-called “Independent Appeals Service”.

“Appeal” is not the best way to deal with this particular bunch of incompetent scammers.

They can’t enforce their parking charge except by suing you in the county court and winning the case which they can’t do provided you defend yourself properly.


I suggest you visit the Newbies thread over at https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou#latest

and follow the step by step guidance to victory

Ok thank you, I'll take a look into this

Aubama

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Re: Resolution Way SE8 - Parking Control Management Ltd
« Reply #8 on: March 17, 2024, 04:28:49 pm »
Ive also received this letter



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