Hi All,
I'm hoping somebody may be able to give me some advice and help re: appeals.
New World Facilities East Essex have recently taken over the parking enforcement for my apartment parking area. (Each apartment has a designated spot) and since the start of January I have now received 3 PCNs. I have noticed two other threads that have previously had tickets from this company.
1. At the beginning of the month I received a PCN which stated I wasn't clearly displaying a valid permit. However, the location stated on the PCN that I was parked in a different apartment buildings lot (I wasn't). As it was a new contract for the company, I thought they had made a mistake and hadn't realised that the permits could be different. I appealed this ticket and got it rejected yesterday. I would like to appeal to POPLA, but in the email they have given me an appeals process for IAS (which I have been advised is financially driven and not as impartial as POPLA). I have replied to ask for a verification number, which from reading the forums could mean they will drag their feet in providing one?
This is what the rejection email said about a further appeal:
"The Independent Appeals Service (www.theIAS.org) provides an Alternative Dispute Resolution scheme for disputes of this type. As you have complied with our internal appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service providing you lodge an appeal to them within 21 days of the date of this rejection. Please note that if you opt to appeal to the IAS and the appeal is unsuccessful you will only be able to settle the PCN at the full amount of £100.00."
My confusion is that, although New World Facilities have issued the ticket, the appeal process on the back of the PCN is through a completely different company - Parking CSL (which I believe is a trading name of a debt collection agency). Is this normal?! (Incidentally, both are BPA members from the looks of things)
The photos I got back in the rejection email show my car windscreen frosted over, and the windscreen underneath fogged up so you can't read the permit. This is completely beyond my control given that it's winter.
2. On Friday I received a second ticket, for not displaying a valid permit. This is when I started to get quite confused, as my permit had been clearly displayed. I've since contacted the Property Management Company and they have come back to say that new permits were sent out. My landlord never received this new permit, and nor did I. There was no communication in the communal noticeboard to advise that new permits had been issued so I was completely unaware. My permit does not include an expiry date, and it seems that the new permits are identical to the old ones.
3. This morning I came down to my car to find another ticket issued at 5:30 in the morning. Again, with the reason of not displaying a valid permit. This means that I cannot park in my designated bay until this is resolved and the management company issue me with a new permit.
I know that I will have to appeal internally the other two tickets, which undoubtedly will get rejected. But I was wondering what are the best reasons I can provide that will work in my favour with POPLA?
I've read about genuine pre-estimate of loss, but I don't know whether that argument is still valid or of it applies? I've found a lot of discussion in previous threads quite complicated as I don't have any knowledge about previous cases etc.
I have included a photo of the sign in the parking area of my apartment building in case that helps at all.
Thank you for any help anybody can offer in advance.
Click to view attachment