PCM - Permit not displayed in my own parking space

kevinmcc

Hi All,

I got a parking charge notice from PCM yesterday for being parked without clearly displaying a valid PCM permit.

I changed car last week and currently have a car on rental since Sunday and forgot to put up the permit in the rental car.

The car was parked in my allocated space. I called the Property Management Company (L&Q) who said that they contacted PCM and that they refused to cancel it for them.

I then got a call from a Manager at PCM after I requested a call back who said that he would not cancel it as he had acted within the terms of the property management company, by issuing a fine for non display of permit. I told him the following points:

1. I am entitled to park there, as I am the legal owner of the space.

2. L&Q cannot include me in a contract with a private parking company against my consent. Any agreement made between PCM and L&Q I am not compelled in any way to agree with.

3. PCM do not own the land, and I have not agreed to enter into any contract with them. They have no legal right to charge me anything. It's not their land, and they have suffered no actual loss by myself parking in my own bay.

The Manager at PCM got aggressive with me over the phone when I brought up the above points and I had to tell him to not use that tone with me. He tried to make out that they did suffer a financial loss as their patrol spent time issuing a fine for me not displaying the permit, and that this was a free service they provide to L&Q and therefore L&Q have no right to tell PCM to cancel the parking charge notice.

I am refusing to pay it and have told him he will have to take me to court where he has no grounds as it is my allotted space.

Can anyone tell me will L&Q have the right to cancel these charges? L&Q are trying to wash their hands of it and have nothing else to do with it.

Coupon-mad

PCM are aggressive - they are ex-clampers and you were wasting your time phoning them.

Just follow the advice in the sticky thread that you seem to have overlooked, it's near the top: 'newbies...have you got a private parking ticket? read this now!'' which also covers rental/hire cars and shows you how to appeal.

I assume this is in England/Wales but the sticky thread explains all, I hope, which is why I wrote it. To save replies like this! But we don't mind helping!

Are you the freehold or leasehold owner of the space, out of interest? Or tenant?

The_Slithy_Tove

While you're at it, put a rocket up the backsides of L&Q and demand to know why they have contracted a bunch of ex-clamping scammers. Also remind them that they (L&Q) will be liable for any ongoing harrassment by PCM, and they should look at terminating their contract with them.

You could also try this approach with PCM:http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKCPS-liable-for-trespass

Guys_Dad

You need to make an appeal to the PPC as they will try their luck with the rental company.

You write to the rental company telling them you have a speculative invoice from PCM (send a copy). Tell them you deny liability and that you are dealing with the matter, informing the PPC under POFA that you were the keeper on the day and to let you know if they hear from PCM but under no account pay the charge.

Send an appeal to PCM saying that you were the keeper on the day in question and deny liability as you own the parking space and have not given them any permission to manage your parking space. In addition, their charge is not a genuine pre-estimate of loss. Use these words. And send a copy of your letter to the rental company

It will be turned down, inevitably, but if you have followed advice and put your appeal point and you have asked for a POPLA code if they refuse, then we go for them at POPLA.

It will cost them a real £27 to lose there , plus their time and trouble.

Stroma

Please do as Guy suggests, you need to take this away from the rental company regardless of where you are. Write in with a proof of postage from the post office, and send them an email.

spacey2012

They legal term that trumps here is "conducting commerce" No lease condition unless expressly converted can allow a third party to conduct commerce on your property.
The parking scammers are using YOUR land to make financial gain.
Remember that nugget it trumps them straight back down the hole in any court.

They are a commercial venture using your land to conduct commerce upon.
Would you let them set up a sanats grotto on your garden ? because the management company said they could ?
I would invoice them £8000 rental PA for the land for commercial use, more than enough to cover the odd parking charge and certainly in going with the normal rental value of a plot of that m2 for commercial rent..
You start charging them rent and you have them right by the balls here.

kevinmcc

Thanks for all the help guys, I've drafted up appropriate letters to the Parking Management Company, PPC, and Car Rental company. Will keep you updated.

4consumerrights

There's something very fishy about PCM - their website is no longer available as on BPA's list AOS:
www.pcm-uk.co.uk

The company debts for PCM are racking up.

plus Ian Derek Cordingdale has managed to obtain TWO different director ID numbers by using different addresses - with companies undergoing dissolution and/or dissovled

http://companycheck.co.uk/director/912576604

http://companycheck.co.uk/director/906957325

AND He's managed to resign and be appointed director for the same company numerous times!

http://wck2.companieshouse.gov.uk//wcprodorder?ft=1

kevinmcc

I've been given this website address for them:

http://parkingcontrolmanagement.co.uk

The website is fishy. It doesn't have a registered address anywhere on it that I can see. They also have a number in Northampton beginning 01604 yet they don't display it on their website for whatever reason.

kevinmcc

Coupon-mad wrote: »

PCM are aggressive - they are ex-clampers and you were wasting your time phoning them.

Just follow the advice in the sticky thread that you seem to have overlooked, it's near the top: 'newbies...have you got a private parking ticket? read this now!'' which also covers rental/hire cars and shows you how to appeal.

I assume this is in England/Wales but the sticky thread explains all, I hope, which is why I wrote it. To save replies like this! But we don't mind helping!

Are you the freehold or leasehold owner of the space, out of interest? Or tenant?

I am leasehold owner of the space

4consumerrights

kevinmcc wrote: »

I've been given this website address for them:

http://parkingcontrolmanagement.co.uk

The website is fishy. It doesn't have a registered address anywhere on it that I can see. They also have a number in Northampton beginning 01604 yet they don't display it on their website for whatever reason.

I agree - website does not even say they are BPA members!

Nominet lookup declares this website as a non-trading individual with a different registrant:

http://www.nominet.org.uk/whois/lookup?query=www.parkingcontrolmanagement.co.uk


Website law states that the trading address must be clearly stated and if it is a limited company the company registration number and place must also be given.

I would report the matters given in my earlier post and this post to companies house to investigate - they will deal with irregularities in filing requirements.

(imo this is looking very suspicious and possibly being primed for phoenix fraud)