Whilst we cannot guarantee an outcome, we have used all of these tactics and avoided several unfair PCNs. The main requirement is that you have enough personal time to get involved and have strong enough nerves to withstand the stress of the process.
- Disputing the Site Details
- It usually pays to revisit a site, as you may see that the signs were badly positioned or obscured, vandalised or simply incorrect. The parking enforcement company may have forgotten to update site details (such as the actual owner). Take and save photos for later. We have done this and argued our case until it was abandoned.
- The payment machines may be faulty or not recognise keypad entries (getting the wrong Registration Number). They may give contrary or confusing instructions. Take and save photos for later.
- Partial payment
- When you receive a £60 PCN for a £3 parking fee error, you have to ask yourself whether the enforcement company is profiteering. You should be able to say sorry and volunteer a sensible payment such as £20. However, the on-line payment systems do not allow partial payment and the enforcement companies will return any cash or cheques sent (even by Registered Letter). We have done this as a form of protest – the money is always returned but sometimes the case is dropped.
- The enforcement companies will tell you that a historic case, Beavis v Parkingeye, allows them to charge these ‘deterrent charges’ under a ‘commercial justification’. We do not believe that this acts as a blanket endorsement and we know that parking enforcement companies do not want courts to re-examine this aspect – particularly in view of their extraordinary profit margins.
- Appeals to the owners e.g. supermarket
- One of the most successful tactics is to contact the site owners directly to ask them to intervene on your behalf. For example, if you overstayed your time limit because you were completing a massive purchase and its associated paperwork. You might be a frequent customer who stopped to help a friend, answer a customer survey or talk to staff. Many site owners will then ask the enforcement company to set aside the PCN. We have done this and had cases dropped.
- Publicity
- Parking enforcement companies hate publicity. They know that they are hated by the general public and don’t like to be under the spotlight. If your case is genuinely unfair, talk to your local newspaper or radio station – especially a consumer affairs specialist. Be honest and open. If it gets to a court hearing, make sure that you tell the local media and take a crowd of supporters with you – the enforcement company will end their action. We have done this and had cases dropped.
- Sit tight
- If you believe that the PCN is unfair, write one letter to say so. After that, do not write any letters or make any phone calls. Ignore all threats. Start putting aside some money towards the fee each month (as the whole process will take, at least, three months). Wait and see if the enforcement company takes any debt recovery action. In many cases, they will assess and drop the case – in some, you will need to pay the fee. The most important weapon is to insert a question of doubt to their case – because that will make your case much less appealing to the company.
