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#Post#: 63333--------------------------------------------------
Parking Control Management (UK) Ltd - Parking in Visitor Bay
without registering session
DIR By: Artichoke
Date: March 20, 2025, 3:56 am
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Vehicle was parked in a residents Visitor Bay within a private
gated area. Apparently the property owner is required to pay an
annual charge and download an app to create the parking session.
However she is a 92 year old without smartphone or computer and
has therefore never registered. Visitors have parked in this bay
for many years without a problem, but on this occasion a PCN was
issued.
Notice to Keeper has just been received.
No contact with Parking Control Management has been made so far.
Any advice would be appreciated.
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#Post#: 63429--------------------------------------------------
Re: Parking Control Management (UK) Ltd - Parking in Visitor Bay
without registering session
DIR By: b789
Date: March 20, 2025, 8:46 am
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Are you the registered keeper (RK) of the vehicle?
The Notice to Driver (NtD) issued is not PoFA 2012 compliant.
They cannot transfer liability from the unknown (to PCM) driver
to the known Keeper.
However, as you are dealing with an IPC member, any appeal, no
matter what, is going to be rejected and the secondary IAS
appeal has a less than 4% chance of success and so is not really
worth the effort.
The only way this is gong to be successfully resolved is after
they issue a claim. There is a less than 1% chance that any
claim issued will ever get as far as a hearing with the most
likely outcome being a discontinuation or it being struck out at
allocation stage.
However, they will go through the intimidator process of sending
out loads of powerless debt recovery letter which should be
ignored. Their only purpose is to get the low-hanging fruit on
the gullible tree to pay up out of ignorance and fear.
Eventually, they will issue a Letter of Claim (LoC), most likely
through one of a few possible bulk litigation firms. When you
receive one of those, come back and show it to us and we will
advise on how to respond and what to do when you eventually
receive an N1SDT Claim Form from the CNBC.
As for the owner of the space, are you related to the 92 year
old lady? Is there anyone who can assist her and get the space
registered for parking? Ideally, if you could have a look at her
lease and tell us what it says about parking it is quite
possible that her rights are being breached. What the lease
doesn't say about parking is equally important.
In the vast majority of residential parking issues with rogue,
unregulated private parking companies is that they do not
actually have any right to issue PCNs as the residents lease has
supremacy of contract and the management company is in breach of
the Landlord and Tenant Act 1987.
#Post#: 63559--------------------------------------------------
Re: Parking Control Management (UK) Ltd - Parking in Visitor Bay
without registering session
DIR By: Artichoke
Date: March 21, 2025, 3:36 am
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Thanks for this. The registered keeper is my son, he's passed
this to me to see if I can help.
The 92 year old is my mother-in-law. Her property does come with
two designated parking spaces but those were occupied at the
time. Other residents are aware that she does not have a car so
they tend to use her spaces.
The parking controls for the visitor bay were introduced 4-5
years ago, but until now we're not aware of an enforcement
officer ever visiting. Family have therefore been relaxed about
simply parking here rather than getting others to move out of
her bay.
Will take no action and come back to you if we receive a Letter
of Claim. And will look at the lease in the meantime.
#Post#: 63665--------------------------------------------------
Re: Parking Control Management (UK) Ltd - Parking in Visitor Bay
without registering session
DIR By: b789
Date: March 21, 2025, 1:01 pm
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You need to check your MiLs lease/deeds to see what they say
about parking. What they don't say bout poking is equally
important. This is important, especially if this should ever
progress to a claim.
For now, you simply appeal as the Registered Keeper (RK). It
must all be done in the Keepers name but you can do it for him.
The appeal will be rejected but it them is part of a paper
trail:
There is no legal obligation on the known keeper (the recipient
of the Notice to Keeper (NtK)) to reveal the identity of the
unknown driver and no inference or assumptions can be made.
The Notice to Driver (NtD) was not compliant with all the
requirements of PoFA which means that if the unknown driver is
not identified, they cannot transfer liability for the charge
from the unknown driver to the known keeper.
Use the following as your appeal. No need to embellish or remove
anything from it:
--- Quote ---
> I am the keeper of the vehicle and I dispute your 'parking
charge'. I deny any liability or contractual agreement and I
will be making a complaint about your predatory conduct to your
client landowner.
>
> As your Notice to Driver (NtD) did not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the keeper
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving and no inference or assumptions
can be drawn. PCM has relied on contract law allegations of
breach against the driver only.
>
> The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some twisted interpretation
of the law of agency. Your subsequent NtK can only hold the
driver liable. PCM have no hope should you be so foolish as to
try and litigate the matter, so you are urged to save us both a
complete waste of time and cancel the PCN.
--- End Quote ---
#Post#: 65017--------------------------------------------------
Re: Parking Control Management (UK) Ltd - Parking in Visitor Bay
without registering session
DIR By: Artichoke
Date: March 31, 2025, 12:02 pm
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Thanks can I add the following to your text, together with
upload of photo and blue badge, or just send your wording at
this stage? Note that in my previous post I said to you that her
bay was occupied - I was mistaken.
The resident at the property, my grandmother, is disabled and
although she owns parking bay no 1 (highlighted in the photo) it
is too narrow for wheelchair access and there is no disabled bay
provided. Therefore the only option is to use the visitor bay
when she is being collected or dropped at the premises. She is
92 and has no computer or smartphone, so therefore cannot
register visitor vehicles in the app.
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#Post#: 65043--------------------------------------------------
Re: Parking Control Management (UK) Ltd - Parking in Visitor Bay
without registering session
DIR By: b789
Date: March 31, 2025, 1:36 pm
---------------------------------------------------------
Thinking about this a bit more, there are several approaches to
this I would consider.
You (or any family member with your MILs consent) can make
direct representations to the managing agent or residents'
management company, highlighting:
[indent]• The resident’s protected characteristics under the
Equality Act 2010 (age and disability),
• The lack of reasonable adjustments, e.g. no alternative way
for her to authorise visitors, no disabled bay, and the
inaccessibility of her own bay,
• The indirect discrimination caused by enforcing app-only
systems without exemptions,
• The history of informal custom and practice of using the
Visitor Bay without issue,
• The distress and unfairness of pursuing family members who
were clearly acting in her best interests.[/indent]
This can be done through a written complaint, ideally
referencing that they, as principal or landowner’s agent, remain
jointly responsible for the actions of their parking contractor
(PCM), especially if any breach of the Equality Act arises. You
should ask them to:
[indent]• Intervene and have the charge cancelled, and
• Consider reviewing their parking enforcement arrangements for
residents in similar circumstances.[/indent]
As for any appeal, hold off on that until as late as possible in
order to get a response from the management company. Your son as
the Keeper, has until 11th April to submit an appeal.
For now send something along these lines to the management
company:
--- Quote ---
> Dear Sirs,
>
> I am writing on behalf of my mother-in-law, a 92-year-old
disabled resident at [property address], in relation to a
parking charge issued to a family member who was visiting to
assist her.
>
> At the time, one of her two allocated parking bays was
occupied by another vehicle, and the other — while technically
vacant — is too narrow to allow safe access with a wheelchair.
There is no designated disabled bay provided anywhere on site.
The only practical and accessible option was to park in the
Visitor Bay within the gated residential area. A valid Blue
Badge was clearly displayed in the vehicle’s windscreen.
>
> My mother-in-law does not own a smartphone or computer and has
never registered with the app-based system your parking
contractor (PCM) requires for authorising visitor parking.
Visitors have parked in that bay without issue for several
years, and to our knowledge this is the first time enforcement
action has ever taken place.
>
> The PCM operative who issued the charge would have seen the
clearly displayed Blue Badge and was therefore fully aware that
the vehicle was present for the benefit of a disabled resident.
Issuing a PCN in such circumstances demonstrates a complete lack
of discretion and a failure to consider the Equality Act
implications of their actions.
>
> I am raising this matter formally because:
>
>  [indent]• Your resident is both elderly and disabled,
with protected characteristics under the Equality Act 2010.
>  • A valid Blue Badge was displayed, making the
vehicle’s purpose obvious.
>  • The current parking system makes no reasonable
adjustments for residents like her.
>  • An app-only process without alternatives amounts to
indirect discrimination and places disabled residents at a
substantial disadvantage.
>  • The pursuit of a penalty against a relative assisting
her is wholly unjustified and causes distress.
>  • There is an established custom and practice of using
the Visitor Bay in such circumstances, with no previous
enforcement.[/indent]
>
> You, as the managing agent or landowner’s representative, are
jointly and severally liable for the actions of your agent, PCM.
This includes any breach of the Equality Act 2010. The failure
to make reasonable adjustments for disabled residents or to
consider their practical access needs amounts to unlawful
discrimination.
>
> I therefore require your written confirmation that:
>
>  [indent]• You have instructed PCM to cancel this
parking charge, and
>  • You will urgently review the enforcement arrangements
in place to prevent further breaches of duty towards vulnerable
residents.[/indent]
>
> Should you fail to take appropriate action, we will escalate
this matter as a formal complaint and, if necessary, refer it to
the Equality and Human Rights Commission (EHRC) or other
relevant authorities.
>
> I draw your attention to your duties under the Equality Act
2010, specifically:
>
>  [indent]• Section 19 – Indirect discrimination, which
occurs where a provision, criterion or practice (such as an
app-only registration system) puts disabled persons at a
particular disadvantage compared to non-disabled persons;
>  • Section 20 – The duty to make reasonable adjustments
to avoid such disadvantage; and
>  • Schedule 25, paragraph 2(8) – Which confirms that the
duty to make reasonable adjustments is an anticipatory duty and
applies to property managers, including managing
agents.[/indent]
>
> In Paulley v FirstGroup plc [2017] UKSC 4, the Supreme Court
confirmed that service providers must take positive steps to
accommodate disabled individuals and that failing to do so can
amount to unlawful discrimination. That principle applies
equally to managing agents overseeing parking enforcement
schemes.
>
> I look forward to your prompt response.
>
> Yours sincerely,
--- End Quote ---
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