PCN Tesco Hithen Green

[spacebiscuit]

Hi,

Looking for some advice. The driver recently parked by a local Tesco Express, it is located on a recently developed house site:

https://www.google.co.uk/maps/uv?hl=...CakQpx8IigEwCg

The parking restrictions have only recently been put into place, no ticket was left on the car but a letter has arrived at the registered car address. It says they obtained the address from the DVLA. The letter shows a photo of the car but not the registration and the photo does not clearly identify the vehicle. The parking condition notice is on a central reservation and not on the kerb side.

Is this worth me challenging?

Thanks in advance,

Joe.

[spacebiscuit]

Re: PCN Tesco Hithen Green

An update:

I contacted the Independent Appeals Service to say that I am unable to raise an appeal and that the parking company failed to supply me with the appeals process in their reply to my letter. The IAS has since replied to say that the parking company did not treat my letter as an appeal. I have replied to the IAS to say that my letter had a line of text saying:

"I therefore appeal the charge in writing in this letter."

Also I have re-visited the site of the alleged incident and it seems that extra signage has been installed. I have before and after photos. Can this in any way work in my favour?

[charitynjw]

Re: PCN Tesco Hithen Green

From the IPC Code of Practice

7.1 Where, under 6.1 above, you are required to consider an appeal and you reject it, youmust notify the IAS of the motorist’s ability to use the Standard Appeal process andprovide any information as is required by them for this purpose.

If you are inputting the correct details, it would seem that they (parking co) have either not formally rejected your appeal, or that they have failed to adhere to their trade assn CoP.

[spacebiscuit]

Re: PCN Tesco Hithen Green

Do I have anything to lose but lodging starting an appeal attheias.org? The website address is listed on the back of the NtK, however if I enter the PCN No. and the car registration to start the appeal I get the following error:

"PCN or Registration Number has not been recognised".

[charitynjw]

Re: PCN Tesco Hithen Green

On balance I think I would write & say that it is unclear from their previous letter whether or not it is a final rejection.

Please send confirmation either way, & they are in fact rejecting your appeal, please send details of any independent appeals process plus the deadline for using that service.

[spacebiscuit]

Re: PCN Tesco Hithen Green

Me neither, I was just looking for some advice regarding my next move.

Thanks.

[charitynjw]

Re: PCN Tesco Hithen Green

Who is is being responsible, You or the trade association.
Simple really"

This is LB,it's a taken every one one else is at fault.

It's never LB's

Not sure what you're trying to say, Spirit.

[spacebiscuit]

Re: PCN Tesco Hithen Green

To clarify, I've had no response from the company who issued the CPN, I asked them in my letter of reply for details of their trade association appeals process.

Re: PCN Tesco Hithen Green

Who is is being responsible, You or the trade association.
Simple really"

This is LB,it's a taken every one one else is at fault.

It's never LB's

Re: PCN Tesco Hithen Green

I've received another notice in the post today now asking for £100. The notice is the same the initial notice in terms of the details. There has been no response to my request for the details of the trade association appeals process.

Do I reply to point this out or should I make an appeal directly to the trade association.

Who is is being responsible, You or the trade association.
Simple really"

[spacebiscuit]

Re: PCN Tesco Hithen Green

I've received another notice in the post today now asking for £100. The notice is the same the initial notice in terms of the details. There has been no response to my request for the details of the trade association appeals process.

Do I reply to point this out or should I make an appeal directly to the trade association.

[spacebiscuit]

Re: PCN Tesco Hithen Green

Should I reply to point out the inaccuracies or ignore?

[charitynjw]

Re: PCN Tesco Hithen Green

IPC Code of Practice

6.2 If an appeal is unsuccessful then you must notify the appellant, at the sametime you reject their appeal, that they have the right to further appeal to theIAS and you must allow them a further 21 days to pay the charge or to exercisethis right of appeal. During this period, you may not add on any additional feesfor non-payment.

https://theipc.info/uploads/-imXk-gE...une%202017.pdf

[spacebiscuit]

Re: PCN Tesco Hithen Green

There was absolutely no mention or reference to the appeal in the reply I received....

[charitynjw]

Re: PCN Tesco Hithen Green

The dictionary definition means to be "not compliant or pliable"!

Yes.
As one of my s̷m̷a̷r̷t̷a̷r̷ more knowledgeable colleagues, @des8 (morning, Des ), pointed out to me yesterday, it has been in use since 1647.
Oliver Cromwell became Lieutenant General that year, & as every historian knows, went on to lose his shoe in the Battle of Waterloo.
Some 168 years later.

It would appear that the word is used in the sense of 'unyielding', 'not malleable'.

Imho, the closest modern equivalent which could be substituted would be 'non compliant'.

& if the Notice to Keeper is non compliant with the Protection of Freedoms Act 2012 Schedule 4, they can't hold the registered keeper liable. Possibly not the driver either.

So that's all right then.

(But as this is an IPC member, to be on the safe side keep keeping schtum about the driver's ID. It serves you best to be incompliant about this.)

Did the letter mention anything about an IAS appeal?