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    • PCMFightBack
    • By PCMFightBack 23rd Aug 16, 11:25 AM
    • 23Posts
    • 2Thanks
    Letter Before Claim
    • #1
    • 23rd Aug 16, 11:25 AM
    Letter Before Claim 23rd Aug 16 at 11:25 AM
    Apologies for the lengthy post;

    The PPC in question is Parking Control Management UK ltd. Otherwise referred to as PCM. This company is with IPC (Independent Parking Committee) and uses the IAS for appeals.

    This refers to a Notice I received last year while I was a registered tenant at a block of flats that has numbered parking spaces for each flat, and also guest parking spaces marked with a ‘V’ (for Visitor). When I first signed with my Letting Agency/Landlord, I was issued one Parking Permit for each.

    [It is worth mentioning at this stage that there is nothing in my Tenancy Agreement with regards to parking or the Car Parking Areas.]

    PCM are hired to patrol this area and issue tickets to cars not correctly displaying the appropriate Permit. This includes registered tenants. Seriously, every morning I’ll walk to work and at least every other car has a PCN on their windscreen lol. Everyone in the area knows just to ignore them. [In the 3 years that I lived at this block of flats I must have amassed something like 15 Parking Charge Notices, some for which I challenged, but otherwise all ignored as per the advice given in this forum. I am still receiving letters from Debt Recovery Plus for a lot of these but have not yet received a LBCCC, but this matter does not concern those.]

    It’s also worth mentioning I also have a copy of the Lease Holder Agreement from my Landlord which I have poured over multiple times with a fine tooth comb and the only exerts that even mention parking are the following:

    "-[Leaseholder has] The right to the exclusive use of the Designated Parking Space(s) for the purpose of parking private motor vehicles not exceeding three tonnes gross laden weight.
    -The right to use in common with all others entitled to a like right on a first come first served basis any car Parking Areas marked ‘V’ on the Lease Plan for the temporary parking of visitors private motor vehicles not exceeding three tonnes gross laden weight."

    **Edit: [Incident redacted for court evidence]

    After months of letter after letter from my good old friends at Debt Recovery Plus, today I received a new letter from a different Claims Solicitors with Letter Before Claim in nice bold print basically saying to pay up or they’ll start court proceedings. The gist of the letter and most relevant exerts are as follows:

    “We refer you to the Practise Direction for Pre-Action Conduct under the Civil Procedure Rules and in particular Parage 13-16 of the same which concerns the Court’s powers to impose sanctions etc.
    Pay the full amount within 14 days, alternatively you should provide an acknowledgement of receipt of this letter and a full written response within 14 days.Your response should provide your full account of the circumstances that have to the charges being imposed and should include confirmation as to who the driver(s) of the vehicle were at the time of each incident.”

    What is my best course of action? Should I request the opportunity to appeal to POPLA/IAS (seeing as I didn’t’ before), or is it past that and I just go straight for the LBCCC fight back initiative?

    I have been fighting these fools for years using exerts from this forum to the point where for every new ticket I receive my appeals consist of “Hi! J it’s me again, you know the drill ‘The sum does not represent a genuine pre-estimate of loss’ blah blah etc. send DRP my regards”, so I’m ready to give them hell J I registered a new account for this post in case any Solicitor Cronies are lurking around and trying to stalk me (in one of my previous replies from them they made an off-hand comment about me using this forum so gotta be careful)

    Any and all advice welcome! Many thanks in advance.

    [special shout out to everyone regularly involved in this forum, everyone is always super helpful and I love reading about all your adventures against Johnny Law. Keep up the good fight!]
    Last edited by PCMFightBack; 12-09-2016 at 7:46 AM.
Page 2
    • PCMFightBack
    • By PCMFightBack 15th Sep 16, 9:55 AM
    • 23 Posts
    • 2 Thanks
    How come? I can edit that last comment out if need be
    • Coupon-mad
    • By Coupon-mad 16th Sep 16, 11:55 AM
    • 38,326 Posts
    • 49,781 Thanks
    Can't comment even if you remove it. Others know why not.
    PCN in a private car park in England/Wales? DON'T PAY IT BUT DO NOT IGNORE IT

    Do NOT read old advice to ignore, unless in Scotland/NI.

    • PCMFightBack
    • By PCMFightBack 21st Sep 16, 12:08 PM
    • 23 Posts
    • 2 Thanks
    I’ve got a few points of my defence going, just general jargon so far but I have a few further questions if anyone could help me out please.

    I want to bring emphasis to these large spaces marked with double-yellow lines scattered around the Flats.
    Being a residential area where Tenants rely on parking being available on a first-come-first-serve basis, one could argue that these Lined-bays are pretty much set up as traps by PCM for late arrivers with no-where else to park. The spaces are just there, they aren’t covering a manhole, they aren’t blocking an entrance, they aren’t in the way of a fire hydrant, they are just empty parking spaces between shrubbery with yellow lines painted over. (I can provide photos need necessary)

    Would this hold up in court? The wording on the signs is fairly unambiguous (“Cars must be parked within a marked bay”). The reason for issue on the PCN is “Parked outside of a marked bay / on restricted roadway / landscaped / paved areas or causing an obstruction or inconvenience to others”

    Other notes that might help (is it worth bringing these up in my defence?):
    -You cannot see the sign in the photos of the vehicle
    -You cannot read the sign in their photo evidence (image too small, browser wont enlarge)
    -In their evidence they even included photos of BOTH of my parking permits (for my Visitor space, and my Flat space)
    -You could argue that the vehicle is NOT causing an obstruction or inconvenience to others, and yes the area is paved – ALL parking spaces are paved!

    Again, any advice is warmly welcomed. Thanks guys (RIP Coupon-Mad I will miss you and your sage wisdom)
    • PCMFightBack
    • By PCMFightBack 22nd Sep 16, 1:42 PM
    • 23 Posts
    • 2 Thanks
    Anyone? I've got 5 days to submit my defence and feel this is the main issue that will determine a victory or loss
    • PCMFightBack
    • By PCMFightBack 23rd Sep 16, 8:58 AM
    • 23 Posts
    • 2 Thanks
    Also is it worth requesting a Part 18?
    • Kanye West
    • By Kanye West 26th Sep 16, 1:08 AM
    • 49 Posts
    • 15 Thanks
    Kanye West
    What did you end up sending?
    • PCMFightBack
    • By PCMFightBack 26th Sep 16, 1:16 PM
    • 23 Posts
    • 2 Thanks
    I haven't sent anything yet I'm still working on my defence but need help with the points I've mentioned above
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