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Medical Emergency - PCN Appeal Refused, Should I ignore or Contact Land Owner?
Grassmarket58
post Sat, 15 Jan 2022 - 11:15
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Getting a PCN while attending a medical emergency, I thought it would be a simple matter to get it waived. Not so!

Both the Operator & the Adjudicator for IAS (appeals body for this parking operator) have rejected my appeal, despite proof of the emergency.
The Adjudicator expressed sympathy for my situation, but said they can only consider appeals on legal grounds - not mistakes or extenuating circumstances. If that’s true - what’s the point of an appeals service? Surely many PCNs would be appealed for those reasons!

That said: what my best course of action now? Find & appeal to the landowner, or ignore unless/until the parking operator sends a Letter Before Claim? I think the land owner is a housing association, but no idea how to contact them. Where will I find that info?

The Adjudicator expressed sympathy in writing, but said only the Operator has discretion to cancel based on mitigating circumstances. So is there any point in me asking the Operator to reconsider at this stage? I ask this on basis that I’m likely to get a quicker answer from them, than if I now involve the land owner. Initially the Operator doubted my proof of medical emergency, but I’ve since gathered further evidence, some of which was seen by the Adjudicator.

Many thanks for any advice!
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post Sat, 15 Jan 2022 - 11:15
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DWMB2
post Thu, 20 Jan 2022 - 19:57
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As a general point, the IPC CoP is not law - so a failure on the part of the parking company to follow the CoP does not automatically mean that no contract was formed. But of course it can, depending on the circumstances.

QUOTE (Grassmarket58 @ Thu, 20 Jan 2022 - 18:59) *
1. No contract exists, due to failure of PCM to follow IPC CoP on change of Operator. Lack of clear signage, lack of resident (in hospital) to explain & provide correct permit, too dark to read signs - all make contract impossible, as in PACE V Lengyel.

To assess re. the signage being to dark to read, we'd need to see photos taken in similar light levels. I'm not sure how much traction there is in the argument re. the Change of Operator - the CoP says they 'should' make a change of terms clear, but falls short of saying they 'must'. Others will hopefully advise on this.

QUOTE (Grassmarket58 @ Thu, 20 Jan 2022 - 18:59) *
2. Lack of suitable/any grace period (as required by IPC CoP) - esp. due to my particular circumstances which made it harder/longer for me to get a permit.

I think this person has mixed up 'Consideration Periods' and 'Grace Periods'. A 'Grace Period' as defined by the IPC CoP is: "a 10 minute period at the end of a Permitted Period of Parking". A grace period only applies to the end of a 'permitted' period of parking, which the CoP defines as: "a period where all terms and conditions of parking are complied with". In this case, the PCN was issued for a unpermitted period of parking, so a grace period is not required. A 'Consideration Period' on the other hand is required, as a motorist cannot enter into a contract he has not had the opportunity to read and make a choice to accept/reject. That is "an opportunity for a Motorist to read the terms and conditions applicable to the use of the Private Land". As per 13.1 of the CoP:
Motorists must be allowed a sufficient Consideration Period so they may make an informed decision as to whether or not to enter or remain on the Private Land. If a Motorist chooses to reject the opportunity by entering or remaining on the Private Land without reading terms and conditions, they may be deemed to have accepted them immediately.
The potential issue here is that to run a defence on this basis, you generally have to argue that you entered the site, looked at the terms on offer, chose not to accept them, and left. Here you'd need to argue that you couldn't do that due to the (perceived) emergency, but a further issue might be created by the fact that, once you had determined there was no emergency at the site, you remained there whilst displaying an invalid permit (again, not blaming you for this, just showing how it will be presented by the parking firm).


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nosferatu1001
post Fri, 21 Jan 2022 - 08:53
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As above really

There absolutely was a consideration period, which only has to be five min according to the BOA so you're not even close there. And, as stated before, consideration and obtaining the permit is no longer than necessary.
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Grassmarket58
post Fri, 21 Jan 2022 - 12:41
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Thanks for replies & explanations.

So my likely defence would be:
1. Contract void for impossibility: no knowledge of changed operator, no signs to show change of operator, signs that did exist were unreadable in dark, no resident to explain/provide new permit - it turned out they’d already gone to hospital.
2. Lack of ‘consideration’ period: impossible for me to get a permit in a few minutes. I found that resident had already gone to hospital, so a longer period was necessary to allow me to find one myself. Having no knowledge of/signage about change of operator, I used a permit I recognised from previous visits.
3. Invalid permit: the fact that I then displayed an invalid permit demonstrates I had no knowledge that Operator had changed.

I’ll take photos to show what signage there is & what it’s like in the dark.
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nosferatu1001
post Fri, 21 Jan 2022 - 13:09
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1) how was it impossible? You knew you needed to get a permit, and you're expected to check signs when arriving. Assuming they're the same is dangerous.

If they're completely dark and aCANNOT be seen, that's not void for I,possibility.

2) they gave apparently 7 minutes. A consideration period is to decide on the signs, but you weren't doing that.

3) that isn't a defence but shows you followed all you knew and it shows you didn't see the contractor had changed.
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DWMB2
post Fri, 21 Jan 2022 - 13:22
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QUOTE (Grassmarket58 @ Fri, 21 Jan 2022 - 12:41) *
signs that did exist were unreadable in dark

If the signs were indeed unreadable in the dark this could be the stronger of the points you've mentioned. Although, as nosferatu notes, this wouldn't make the contract void for impossibility, it would mean that no contract was entered into (as the terms were not there to be seen, and therefore cannot be deemed to be accepted).
QUOTE (Grassmarket58 @ Fri, 21 Jan 2022 - 12:41) *
2. Lack of ‘consideration’ period: impossible for me to get a permit in a few minutes
A 'Consideration Period' is not a period of time given to allow a motorist to find and display a permit, it's time for them to look at the signs and decide if they wish to accept the terms, and to leave if they do not. You entered the building and then returned to display a (what turned out to be invalid) permit - which would be presented as you accepting the terms and conditions and choosing to park.

Definitely get some good photos of the signage as it appears at night, and some photos to show the layout of the signage at the site (including anything by the entrance to the site, and near where the car was parked). Depending on its visibility this could be the most viable of your arguments.


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Grassmarket58
post Sat, 1 Jul 2023 - 07:54
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To Newbies & all the doomsayers: I won.
The parking management company PCM & their lawyers Gladstone eventually gave up - after I told them I’d be very happy for the court to decide the case. They obviously weren’t keen on that & stopped contacting me. Don’t give up!
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Sheffield Dave
post Sat, 1 Jul 2023 - 08:28
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Did they actually confirm in writing that they've cancelled the PCN, or did they just go quiet? If the latter, there's a good chance that in a year or two they will start hassling you again, as they go through their back catalogue from time to time. Make sure you hang onto all paperwork for 6 years, which is the limit as to when they can bring a claim in the county court.
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Redx
post Sat, 1 Jul 2023 - 08:30
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What makes you think that they gave up.? Do you have it in writing.? Or are you making false assumptions.?

Once 6 years have passed from the incident date, we may believe you, if its less than 6 years ago, hold on to all your paperwork and exhibits etc

Without a cancellation in writing. ( which you haven't mentioned or shown us, it isn't over.)

My gut feeling is that you will come back to this thread with a plate of humble pie. Asking for more assistance and bemoaning your assumptions, which will be before December 2027

If not, wait until 2028 and then tell us that we were wrong

This post has been edited by Redx: Sat, 1 Jul 2023 - 08:39
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