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PCM ticket what can I do ?

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Comments

  • KeithP
    KeithP Posts: 37,614 Forumite
    Name Dropper First Post First Anniversary
    You would be wise to edit your original post too.

    Replace your second sentence of your second paragraph with:
    My car was parked on my road which is Semi-enclosed residential complex.
    As Redx said earlier:
    Redx wrote: »
    DO NOT REVEAL WHO WAS DRIVING , not on here, not in any correspondence...
  • lan1017uk
    lan1017uk Posts: 11 Forumite
    edited 14 October 2017 at 2:49AM
    One of my neighbors advice me to talk to the complex management and they will talk to the parking company management to cancel the ticket.

    I sent him an email and thy answered me the below text:

    "Ordinarily we will not get involved with parking disputes whereby penalty notices are issued on the basis that a valid permit has not been displayed, if a vehicle is parked in an incorrect bay or outside of a designated parking area. This information should have been made known to you at the time of moving into the property, whilst there is ample signage across the estate to warn of parking penalties if a valid permit is not clearly on display. You are also able to contact the parking contractor by way of the advertised phone numbers with any queries, before taking a course of action of parking a vehicle on the estate.

    I will need to look into this matter further with my colleague on return to the office and one of us will revert back to you thereafter with a definitive response.

    If I can be of any further help then please do not hesitate to contact me
    ."

    The problem now is tomorrow is the deadline after that the ticket price will be go up from 40 Pound to 100 Pound.

    Am I had a mistake when I sent the email to him?
  • KeithP
    KeithP Posts: 37,614 Forumite
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    lan1017uk wrote: »
    The problem now is tomorrow is the deadline of 14 day after that the ticket price will be go up from 40 Pound to 100 Pound.

    Am I had a mistake when I sent the email to him?
    I thought you posted on this forum because you didn't wan't to pay the invoice?

    Are you now considering paying £40 simply because it is less than £100?

    The choice is yours, but before you decide, re-read some of the earlier posts:
    Coupon-mad wrote: »
    We win these at small claims court stage, so come back then.
    Coupon-mad wrote: »
    But come back if you get a letter from Gladstones Solicitors called a 'Letter before Claim'.
  • lan1017uk
    lan1017uk Posts: 11 Forumite
    edited 14 October 2017 at 12:54PM
    KeithP wrote: »
    I thought you posted on this forum because you didn't wan't to pay the invoice?

    Are you now considering paying £40 simply because it is less than £100?

    The choice is yours, but before you decide, re-read some of the earlier posts:

    Ok thank you very much. I will Waite if they want the court I will be there :T

    Another questions:
    A large number of neighbours have a parking permission from the parking management company in this private land. They pay 30 Pounds a year. Do I have to get a permit and pay the same amount as the rest of the neighbours ? Is the council approved and is this legal? Especially that there is no specific parking for each person who comes first stand first and the numbers of perking are inadequate !
  • :happyhear up
  • Hi agine,

    The rental car company have withdrawn £84 from my credit card. What can I do now ?
    please find below a copy of an email from the rental car company.
    Dear Sir/Madam

    Unfortunately, we have recently been notified that a Traffic Violation/Parking Offence has been committed during your rental. The full details of the offence are as follows:

    Driver:
    Rental agreement:
    Date of offence:
    Offence type: Parking Fine
    Registration number:
    Issuer: PCM
    Reference Number :

    The charge applied for road traffic offences, penalty charges and fines is £84.00. This fee is documented in the terms and conditions of hire, on the Green Motion website and on your rental agreement. Prior notice of this charge is detailed in section 13 of the rental agreement and section 7(d) of the rental terms and conditions shown on the rear of the rental agreement.

    Your signature on the rental agreement provides Green Motion with authorisation to process charges for administration fees for violations incurred during your rental to your credit/debit card.
    You may still be required to pay any fine. We have not paid the fine for you.

    What happens next?
    • We will attempt to seek payment for the £84.00 from the card used as a security deposit at the start of hire.
    • We will write to the relevant authority telling them you were the driver
    • They will normally re-issue the notice directly to you.
    • You will then be given the opportunity to pay the fine at the lowest amount or to appeal against the notice.

    Please note that we cannot enter into a dialogue about the validity of the ticket. If you feel the ticket was issued incorrectly then please refer to the issuer, not us. If you do have any other questions please refer to the FAQ’s below.


    How is the charge made up?
    Green Motion will incur a fee of £40.00 plus VAT from the legal owner of the vehicle. We charge this on to you plus we charge of £30.00 plus VAT to cover our administration costs
  • :(:(:(:(:(:(:(
  • Coupon-mad
    Coupon-mad Posts: 131,566 Forumite
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    edited 19 November 2017 at 7:46PM
    Write and refuse to pay the £84, AND (separately) contact & put it into dispute with your credit card provider.
    The charge applied for road traffic offences, penalty charges and fines is £84.00
    Good - the only problem for Green Motion is that:

    - this charge from PCM is a 'parking charge' invoice, so it is none of the above & not a 'fine'
    - even if it was, the sum of £84, described as some sort of 'administration fee' MUST ONLY reflect the true cost of handling the matter, and a letter to PCM - which is ALL that is needed under the POFA Schedule 4 and discharges Green Motion's potential liability as per the BVRLA/BPA Memorandum of Understanding re 'keeper liability' - costs no more than £12 (as has been established in court cases regarding punitive admin fees).

    Ask when Green Motion sent your details to PCM (ask for a copy), and if not, why have they not followed the correct process?

    Ask for the complaint to be escalated and treated as a formal dispute, because you intend to report Green Motion to the BVRLA for:

    (a) charging administration fees that are punitive, unconscionable, extortionate and unsupported in law
    (b) not following due process in accordance with the POFA to transfer liability for parking on private land disputes.

    And if the dispute is not resolved to your full satisfaction, you wish to use the BVRLA ADR, since Green Motion are members.
    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
  • Redx
    Redx Posts: 38,084 Forumite
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    its not a "penalty charge"

    its not an "offence"

    its not a "parking fine"

    none of the words in their contract is the issue here because it is what it says on the initial pcn , a private PARKING CHARGE NOTICE , which is not mentioned in their T & C`s

    they should follow the BVRLA guidelines from almost 4 years ago and name the hirer/lessee to the private company , absolve themselves under POFA2012 and let the lessee/hirer deal with it

    therefore you dispute the charges and tell them a chargeback will ensue if they attempt to extort monies for an invoice (which is what this pcn is) seeing as its not mentioned in the hire agreement
  • Umkomaas
    Umkomaas Posts: 41,342 Forumite
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    Just because they don’t want to/don’t understand how to follow their trade association’s procedures on this, doesn’t mean the vehicle hirer is dragged by them into the firing line and his credit card ram-raided!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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