Navigating PCNs from PPCs: A Four-Plan Strategy to Protect Your Rights

Introduction

Receiving a Parking Charge Notice (PCN) from a Private Parking Company (PPC) can be a stressful experience. To protect your rights and minimise potential costs, it is essential to understand the steps you can take to dispute the charge effectively. This article outlines a four-plan strategy to help you navigate the PCN process and defend yourself against unjust parking charges.

Plan A: Contact the Landowner or senior management and reach out to your MP

The first plan of action involves directly contacting the landowner or senior management of the premises you visited while parked at the location. Remind them that they are equally liable for the actions of their agents (the PPC), and if the PCN is not cancelled and the case reaches court, they could be called as a witness. Additionally, write to your Member of Parliament (MP), asking them to intervene on your behalf with the PPC.

Plan B: Appeal the PCN Using the PPC's internal Appeal Service

If Plan A does not resolve the issue, move on to Plan B: appealing the PCN through the PPC's own internal appeal service. This is typically done through their website. Follow their guidelines and submit any necessary evidence to support your appeal.

Plan C: Appeal via the PPCs independent appeals service

If Plan B fails to cancel the PCN, proceed with Plan C: appealing through the independent appeals service associated with the PPC's Accredited Trade Association (ATA). Depending on the ATA, this will be either the British Parking Association (BPA) with POPLA or the International Parking Community (IPC) with the IAS.

Plan D: Prepare for a Small Claims Court Case

If Plan C is unsuccessful, prepare for Plan D: a potential claim in the small claims court. At this stage, the PPC may pass the alleged debt to a debt collector, who will likely add a £60-£70 fee. However, this fee is often false, as debt collectors typically operate on a no-win, no-fee basis. Ignore any threatening letters from debt collectors, as they have no power to enforce CCJs or send bailiffs at this stage.

Instead, wait for a Letter of Claim (LoC) or Letter Before Court (LBC) from the PPC or their solicitor. These letters must adhere to strict Pre Action Protocols, and a debt collector cannot issue them. Dealing with an LoC or LBC will be addressed in a separate article.

The goal of Plan D is to force the PPC to issue a claim and then defend it robustly using a template defence. Often, the PPC will discontinue the case before it reaches court. If it does proceed to court, a judge will decide the outcome. Remember, you do not have a debt to the PPC unless a judge rules that you do, regardless of the PPC's claims. Even if you were to lose the case, you would pay less than the original claim was for and, as long as the CCJ was paid in full within 30 days of judgment, there would be no record of it in your credit history.

Conclusion

Dealing with a PCN from a PPC can be daunting, but understanding the four-plan strategy outlined in this article can help you protect your rights and avoid unnecessary costs. Be proactive in seeking resolution, and don't be intimidated by aggressive debt collection tactics. Ultimately, a truly independent arbiter—a judge—will decide your case if it proceeds to court.