phoenix parking solutions ltd, ignored pcn , ntk arrived on 56th day. can i still appeal? |
phoenix parking solutions ltd, ignored pcn , ntk arrived on 56th day. can i still appeal? |
Sun, 25 Nov 2018 - 20:07
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#1
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New Member Group: Members Posts: 4 Joined: 25 Nov 2018 Member No.: 101,122 |
hi, please help,
my wife was an occupant in the car. she is heavily pregnant and an insulin dependant diabetic. on the way back from her hospital appointment (she has a weekly visit to monitor her disability closely as she's pregnant) she was having a "hypo" (low blood sugars) and needed glucose quickly. she normally has an emergency can of coke/jelly babies in the car but didn't on this occasion. The car was parked safely in the nearest car park on the high street , went to get sugary drink , came back and within 81 seconds the pcn had been stuck to the windscreen. This car park used to be a free car park when we last used it and in her state she didn't see a pay and display meter on route to shop. I do not know who owns the car park? i would like to find out and speak to them and hope for mitigating circumstances!! It is now a private car park maintained by phoenix parking solutions ltd,when i looked at the pcn it didn't look real, i assumed it was some sort of phishing scam for our data. . .scared of getting scammed i ignored it . . . .i have on the 56th day received the ntk. i have since found out the company is ipc registered. the charge has now risen to £124 . .. .i have 5 children and another on the way and genuinely cannot afford to pay!! my wife and i cannot sleep with the stress and truly do not know what to do next!! can anyone please guide me, i really would appreciate it. thank you |
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Sun, 25 Nov 2018 - 20:07
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Sun, 25 Nov 2018 - 20:12
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#2
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
Ignore them and come back if they try a small claim.
Or, send one response that points out the Insulin Dependence (attach proof) and state that this means the driver has protected characteristics under the Equality Act 2010 and the PCN pays no regard to the rights and interests of people who meet the definition of disability. Complain to your MP, definitely! |
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Sun, 25 Nov 2018 - 20:46
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#3
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
Phoenix Parking Solutions is an appropriate name
There appear to be some close family links to a couple of notorious companies, Central Ticketing Ltd and Central Ticketing UK Ltd that used to feature in a lot of threads IIRC CTL is a former clamper that turned to aggressive ticketing when its business was banned It morphed into CTUKL to avoid paying its CCJs but continue the CTL contracts Most landowners don't notice if the companies managing their car parks aren't the ones they contracted with How has the charge risen to £124 ? Who sent the Notice to Keeper ? It sounds as if Phoenix has sub-contracted the administration to a debt collector that's already added an extra charge It's also arguable that, as the first Notice, the charge is above the limit in the parking company's code of practice Failure to follow the Code of Practice puts a big hole in any claim Forget that the Notice arrived on Day 56 When was it issued ? The Protection of Freedoms Act (POFA) says that it's delivered two working days after posting If this calculation means that it arrives on Day 57 or later, it's out-of-time and Phoenix can't recover payment from the registered keeper if he/she wasn't driving POFA also says that the maximum that the company can recover from the keeper is the amount outstanding the day before the Notice was issued That has to be the amount on the sign before any additions This post has been edited by Redivi: Sun, 25 Nov 2018 - 21:04 |
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Mon, 26 Nov 2018 - 19:32
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#4
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New Member Group: Members Posts: 4 Joined: 25 Nov 2018 Member No.: 101,122 |
Thanks for the quick replies.
Here's a copy of the notice to keeper. Looks like it was posted on Nov 19 (2nd class) which is day 52. It looks like it's still Phoenix parking solutions but the company address has changed What happens if I ignore? Ignore them and come back if they try a small claim. Or, send one response that points out the Insulin Dependence (attach proof) and state that this means the driver has protected characteristics under the Equality Act 2010 and the PCN pays no regard to the rights and interests of people who meet the definition of disability. Complain to your MP, definitely! I have a doctor's note from when we went on holiday, so she could take needles and medication through airport security. . .I think that would prove it. Am I too late to appeal ? Or am I better off ignoring ? I am no good at this sort of thing This post has been edited by biscuithead: Mon, 26 Nov 2018 - 22:11 |
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Mon, 26 Nov 2018 - 20:00
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#5
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Member Group: Members Posts: 41,506 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
You won't be appealing but telling them as it is.
Was it definitely 2nd class? (And not franked, discounted, 1st?) The ball is in their court whether they want to issue a court claim - they have 6 years to decide. -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Mon, 26 Nov 2018 - 21:18
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#6
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
POFA 9(6) says that the Notice is delivered two working days after posting
Unlike the Interpretations Act, it doesn't distinguish between First and Second Class post You have plenty of time to challenge it (much better mindset than appeal) I would throw into the challenge that the demand exceeds the signs and the maximum charge in the IPC Code of Practice Failure to follow the Code of Practice prevents them recovering the charge in Court Always useful to bring that into play at the earliest opportunity You've left your name in the picture The ball is in their court whether they want to issue a court claim - they have 6 years to decide. Was having some thoughts about this today - whether it's possible to take the initiative for a moderate cost and force a PPC to Court 1 Issue a modest claim - £75 to £100 - for improper use of personal details 2 PPC has to pay it or defend the claim 3 Defence would require a counter-claim for the unpaid parking notice 4 Discontinue original claim so that PPC has to pay hearing fee or counter-claim is struck out 5 If counter-claim is struck out, PPC has to obtain permission from Court (£255?) and provide new evidence to reinstate its claim I'm in this situation myself so would be interested in comments This post has been edited by Redivi: Mon, 26 Nov 2018 - 21:19 |
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Mon, 26 Nov 2018 - 22:34
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#7
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New Member Group: Members Posts: 4 Joined: 25 Nov 2018 Member No.: 101,122 |
Thanks once again.
I have removed my name thanks I'll have a look at signs and ipc code of practice and equality act 2010. From what I've read they'll reject what ever I put anyway . Then is it ipc (ias) before 21 days after rejection? |
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Mon, 26 Nov 2018 - 22:46
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#8
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Ignore the IAS, they will reject.
They have also failed POFA, 8 (2) (e)) is not there and the warning, 8 (2) (f), is not as required. Haven't checked other items |
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Tue, 4 Dec 2018 - 17:08
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#9
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New Member Group: Members Posts: 4 Joined: 25 Nov 2018 Member No.: 101,122 |
Posting an update .
I emailed them outlining mitigating circumstances and they have cancelled my ticket as a gesture of good will. Thanks everyone for all your input |
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Tue, 4 Dec 2018 - 17:11
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#10
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Member Group: Members Posts: 6,898 Joined: 15 Dec 2007 From: South of John O'Groats, north of Cape Town. Member No.: 16,066 |
Please post your E mail here. It would be interesting to see the arguments you put to them.
Well done. -------------------- Cabbyman 11 PPCs 0
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