Parking Charge Notice: Private Co. request details. Shall I?

Parking Charge Notice: Private Co. request details. Shall I?

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iluvmercs

Original Poster:

7,541 posts

228 months

Wednesday 16th March 2016
quotequote all
Good morning everyone.

I am hoping the learned folk of PH can advise me, please.
I received a Parking Charge Notice from a private firm whilst in a private car park.
The company in question are subcontracted by an estate agent responsible for the grounds, car park and external and communal areas of an apartment complex.

I am contesting the PCN Invoice having set out my numerous reasons in a letter sent to the company's Complaints Department.
I did not include my home address nor my full name, requesting contact be made via a given email address.
I received a email stating they require my name and address in order to process the appeal. Upon checking the small print of their Invoice it does state the same.

As in this instance, if the information is specifically requested, is there a legal requirement to offer it?
Could it just be an internal admin requirement which they have "dressed up" to make it sound legally binding, but have no real legal basis? Could it just be a fishing exercise with the aim to scare the recipient into just paying up?

I do not know why this information is yet required, the ticket being issued to a vehicle not a person. I have offered them a means to contact me, a method they have used.
As I understand it, should they require it, they can easily obtain my name and address from the DVLA, a point highlighted by the company.
I would assume this action is taken to recover a debt, and for this reason I am reluctant to offer up my details at such an early stage.

So, I now hand it over you ladies and gentleman.

Have I got it wrong? Should I just give them the details, there being no genuine reason not to?
Could they come knocking, or are my fears unfounded at this early stage?
Could my reluctance just irritate them to a point where they will pursue this case much further?

Should I reply stating I will not offer personal details, believing it unnecessary to begin an appeal? Assuming this route, I would go on to state something to the effect of ".....the information is available should they wish pursue this matter. I only left to consider the appeal to have begun upon receipt of my original letter".

I've found little on the web regarding the specific issue, so I would please welcome any advice on what to do next.
Thank you in advance smile

Darren

iluvmercs

Original Poster:

7,541 posts

228 months

Wednesday 16th March 2016
quotequote all
Thank you for the reply smile

The Parking Charge Notice was "parking outside an allocated bay". A now former flowerbed, the area was paved more than decade ago for the use of, and has been used as unallocated parking by residents and visitors alike. No signage is displayed that this area is no longer to be used, and the residents haven't been notified of a change.
All the other bays are allocated, but no permits are issued and no database of residents' vehicles exist.

My original letter does imply the author is the driver, but no personal details.

I've been scouring the web since receiving the PCN Invoice, but haven't found anything specific to offering up details upon request.

Darren

iluvmercs

Original Poster:

7,541 posts

228 months

Wednesday 16th March 2016
quotequote all
Thanks for the further replies smile

I am in Norfolk.
The Parking Charge Notice was issued by means of being stuck on my car by a patrol.
The company in question is Norwich Traffic Control - After Googling the company, its director seems to have a less-than-reputable past.

I am certain I have strong grounds to legitimately appeal the Parking Charge Notice from this private company.
I am just unsure whether or not I am legally required to, or even should, send them my details even after they requested them confused

Darren

Edited by iluvmercs on Thursday 17th March 09:06

iluvmercs

Original Poster:

7,541 posts

228 months

Friday 18th March 2016
quotequote all
Thank you all for the further replies and for answering my specific question thumbup

You guys have also offered some interesting information further to what I have recently learned about these sort of companies. Thank you smile

The managing agent is a local estate agent, and I'm not an owner of an apartment.

I had planned to at least reply to their email, and I sent off something earlier stating to the effect of me being under to legal obligation to send my details, so an appeal can begin without it. I then referenced my previous letter stating my reasons, further requesting an appeal be opened and henceforth closed, and finally confirmation the invoice has been cancelled.

Thanks again, everyone smile

Darren

iluvmercs

Original Poster:

7,541 posts

228 months

Friday 18th March 2016
quotequote all
The bay itself was created as an unassigned bay in the parking area, for which it has been used in excess of a decade by numerous visitors and residents without issue.
I was visiting a resident, so I parked up in this space as I, and many others, have done before.

I should say the Parking Charge Notice isn't for parking in a private car park, but for "parking outside an allocated bay". The bay was created to cater for one extra space, unassigned to any apartments. Its status has seemingly changed since the recent employment of this parking company, but without residents' notification, nor any additional signs to inform anyone else of this change.

Darren

iluvmercs

Original Poster:

7,541 posts

228 months

Saturday 19th March 2016
quotequote all
The firm's sign, I found near the entrance after discovering the invoice, states the car park is a "24hr Protected Parking Zone". "Strictly no parking at any time." "Unauthorised parking will result in the driver agreeing to pay a Parking Charge Notice....". It then goes on to explain sums involved, how to pay and what could happen if you don't pay; pretty standard stuff.
It is neither states parking in that space is unauthorised, nor that it isn't a parking bay at all.
Parking within designated bays isn't mentioned.

Further, parking doesn't require any permits and there is no database of residents' cars' information. It is unknown which cars should be parked where, or indeed what cars should be parked there at all.

The general validity of my parking in that car park doesn't appear to be the company's reasoning behind the issue of the Parking Charge Notice, more my "Parking outside an allocated bay", as stated on my invoice.
I take issue with this as the space in question is indeed a bay created long ago, used consistently and regularly for the purpose of unassigned extra parking, and there is nothing to the contrary displayed.

My OP has been kindly answered, so I will see where it goes from my last email.
I appreciate and thank you all for the kind offers of additional advice. It is always welcome, thank you thumbup

Darren

iluvmercs

Original Poster:

7,541 posts

228 months

Friday 29th April 2016
quotequote all
Good afternoon everyone.

I just thought to round off this topic.
A big thank you to everyone for the suggestions, help and advice you've all offered thumbup

After not supplying my details, the private parking company decided to email a rejection of my appeal.
I contacted the estate agents responsible for the car park area explaining the situation.
They have seemingly sided with me, as today I am happy to say I have received written confirmation that the Invoice has been cancelled.

Again I thank you all smile

Darren