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PCM Parking Charge at Hayes and Harlington Station

Gooston
Gooston Posts: 46 Forumite
edited 11 February 2017 at 11:52AM in Parking tickets, fines & parking
Hi everyone. To start, here is what happened. I was dropped off at Hayes and Harlington Station (at the back, near Tesco if anybody is familiar with this) and because I was late, the car stopped on one of the yellow lines and I got out in maybe what was 5-8 seconds. Today, my father, as the keeper of the vehicle, received a postal notification of a Parking Charge. Attached are two pictures, with the door open (this is me exiting) and as far as I'm aware, the car isn't parked, it is embarking/disembarking (correct me if I'm wrong)?

Now, I have read around and read the newbies thread and understand that PCM is a private company and they are registered with the IPC. I've found the same issue with this station on pepipoo forums but I am unable to sign up for some reason. Just to make sure I am on the write track of appealing do I email the IPC parking template to them? It's not be noted that at this point no contact with PCM has been made so there has been no confirmation of who the driver was. I also want to add that my friend got the exact same letter at the same station and he has ignored every single one and has received letters about debt collectors and solicitors. Can anyone help me to see if I am on the right track?

Thank you in advance.
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Comments

  • Coupon-mad
    Coupon-mad Posts: 130,105
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    You might want to read this:

    https://bmpa.zendesk.com/hc/en-us/articles/214269665-Hayes-and-Harlington-Station-Roboclaim

    Look at the four links at the bottom after reading that article. You have the proof there in the contract, that this site allows ten minutes to drop off and there is no issue about dropping on double yellows. PCM are breaching their own contract & the local MP is aware.
    found the same issue with this station on pepipoo forums but I am unable to sign up for some reason

    Hotmail emails are not allowed.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Gooston
    Gooston Posts: 46 Forumite
    Thank you for the help and that article. So, moving forward, shall I still send that draft appeal letter as well as linking that article to them stating that I refuse to pay or do I just simply ignore them?
  • Coupon-mad
    Coupon-mad Posts: 130,105
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    Don't ignore them. They sue, and you are in a better position to defend this or see them off if you show them you know their little game. And complain to your MP.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Gooston
    Gooston Posts: 46 Forumite
    Okay, shall I go ahead and send them that template letter as well as attaching the contract and article you sent me? I will also complain to my local MP about this.
  • Coupon-mad
    Coupon-mad Posts: 130,105
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    Not the article, just the contract. Show them you have the contract and know it allows 10 mins grace to drop off around the station area.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Gooston
    Gooston Posts: 46 Forumite
    Okay, shall I still send the template of the letter on the newbies forum as well? Sorry about so many questions, I just want to make sure I am doing this right. I have also sent an email to my MP outlining this issue (which has also happened to my friend at the same station by the way).
  • Coupon-mad
    Coupon-mad Posts: 130,105
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    Well yes of course, some sort of appeal that doesn't give away the driver, written by the keeper, attaching their contract and telling them you have researched this and will be complaining to your MP about this scam. Clearly dropping off for at least 10 mins is allowed by the landowners their immediate ticketing is unlawful.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Timothea
    Timothea Posts: 177
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    edited 12 February 2017 at 3:05PM
    PCM has clearly obtained obtained the keeper's personal data without reasonable cause. This is a breach of the Data Protection Act 1998, as amended. Please read this thread:

    http://forums.moneysavingexpert.com/showthread.php?t=5585388

    The keeper has a case for claiming compensation for distress from PCM under the Data Protection Act. However, the keeper needs to collect evidence and follow the correct procedures so that a judge can see that the keeper has acted reasonably. I recommend the following:
    1. Make a subject access request to DVLA to find out when the keeper's personal data were obtained. The keeper can do this by emailing the heir name, address, vehicle registration number and date range to [EMAIL="SubjectAccess.Requests@dvla.gsi.gov.uk"][email protected][/EMAIL]
    2. When you have this information, complain to DVLA that PCM obtained the keeper's personal data without reasonable cause by writing to: Release of Information, Paying Enquiries Section, DVLA, Swansea, SA99 1AJ with all the details. Ask DVLA to confirm that PCM obtained the keeper's personal data without reasonable cause and what they intend to do about it.
    3. At around the same time, the keeper should send PCM a Section 10 Data Subject Notice as per the thread above.

    This might just make PCM think twice about pursuing the charge.

    This is in addition to the other advice given.
  • Gooston
    Gooston Posts: 46 Forumite
    edited 11 February 2017 at 12:18PM
    Okay, so I am going to send this email to PCM:

    Dear Parking Control Management (UK) Ltd

    Re PCN number: PM1xxxxxxx

    I am the keeper of the vehicle and am aware of your purported 'parking charge'. The driver will not be identified. I require the following information so that I can make an informed decision:

    1. Who is the party that contracted with your company?
    2. Is your charge based on damages for breach of contract? Answer yes or no.
    3. Please provide photos of the signs that you say were on site and which you contend formed a contract with the driver.
    4. Please provide all photographs taken of this vehicle.
    5. Please provide proof that the timing of any camera used was synchronised with all other cameras and/or systems & machines.

    Do not send debt collector letters and do not add any costs which would be a thinly-veiled attempt at 'double recovery'. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data.

    Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the IPC Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach.

    For the avoidance of doubt, I do not give you consent to process data relating to me or this vehicle, whether you have already obtained it or not. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days.

    It is clearly stated in your contract, regarding the location in question "10 Min Max Drop & Collection around station area - no unattended vehicles at anytime". Therefore, your employees are in breach of your own contract as the vehicle never stopped for this duration. I will be formally writing a letter of complaint to my local MP regarding this scam, of which he is also aware of.

    Yours faithfully,


    I will wait for their reply and will also research some more on your points made TImothea. I will keep you guys updated.
  • I can't post links but I found an image of their parking notice board outside with an image of a car on a double yellow with a red cross next to it. Underneath this the text reads "No parking outside of a marked bay at anytime this includes stopping, waiting & drop & collection" "By entering or remaining on this land you agree to abide by all of the Terms & Conditions"

    Does this change anything regarding my appeal? I've already sent the email now
This discussion has been closed.
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