PCM Fine while parked in personal bay - response letter

mt1104

Hello,

I recieved a parking fine from PCM at the beginning of the month. I sent them the letter as described in the sticky thread at the top of this forum. Last week I recievced this response from them:

s7.postimg.org/qf0k6fxqj/response_redacted.jpg

(sorry, new user so I cant make proper links...)

Our house is a housing association property, and the parking restrictions have only come into force in May. I got the ticket at 4am on the first day they were in force - for not having the permit in my car.

I guess technically it is my fault, but, at the same time, I feel a bit of anger that I have been fined for what is essentially parking in my own drive (the estate isn't maintained by the council, so it is classed as a private road) and is what I've done for the past 8 or 9 years.

I fear that PCM will fight their corner on this one, as if they don't they effectively loose all credability as parking enforcers for the area.

They say the signage indicates a contract, but I saw them put up the signs while my car was parked in the bay, surely that is an illegal contract? I've also not signed anything from the housing association either which indicates otherwise.

But anyway I thought it might be worth posting here to see if there is anything I can respond to them with that will make them back down?

Thanks

Marlon

kirkbyinfurnesslad_2

http://s7.postimg.org/qf0k6fxqj/response_redacted.jpg

4consumerrights

Why is it your fault ?
this is your property!

Did they supply a Unique reference number to make an appeal to the IAS?

It is not a genuine contractual offer to park.

If you have evidence of the day they put up signage so much the better.

Do you lease or rent the property?

Redx

and stop using the word fine , nobody has been fined so the sooner you lose that word from your vocabulary the better

its an invoice

Dee140157

You will need to appeal using the information in the NEWBiEs thread that refers to appealing to IAS. (These are not BPA members)

You have less time to appeal to them that to POPLA.

Look at this thread and draft you appeal and then come back here and post it
https://forums.moneysavingexpert.com/discussion/comment/65096091#Comment_65096091

mt1104

When does the 14 days start from to appeal to the IAS? If its when I recieved the ticket then that's already gone I'm afraid.

I have a lease contract for the property with the housing association.

Umkomaas

You've 21 days to appeal to the IAS from the date of the letter rejecting your initial appeal.

da_rule

Also, do a search for contractual charge, as this PPC is claiming that their PCN falls into this category. It just means that your appeal to IAS needs to be tweaked slightly.

Coupon-mad

mt1104 wrote: »

When does the 14 days start from to appeal to the IAS? If its when I recieved the ticket then that's already gone I'm afraid.

I have a lease contract for the property with the housing association.

- I suggest you Google and read the IPC Code of Practice, that's the first thing to get your head around. You'll then understand the deadlines and rules and can spot where PCM have gone wrong!.

- then read 'How to win at POPLA' a link in the NEWBIES sticky thread here, and adapt a POPLA template to suit your IAS appeal, show us your draft and we can help.

- please show us the sign on site. The IPC only allow a certain charging model and as PCM have only just jumped ship from the BPA I suspect their signs still talk about 'breach or failure to comply'. That could win you the appeal at IPC if you word it well.