Parking control management PCM!

emmam57

Hi there, my partner received a fine from parking control management while making a delivery in his company van. i disputed the fine on his companies behalf. They have written to the company stating that they cannot discuss the matter any further with the company and to provide my partners details within 14 days so they can take it up with him. I'm not sure what to do next! If it was a local authority matter they would have cancelled it but these guys are a pain! Any help would be much appreciated.

Redx

nobody got a "fine" here, it was a speculative invoice

the RK should name the driver, or the driver should appeal so that the RK is absolved from any further proceedings (as per the BVRLA advice)

the NEWBIES sticky thread at the top of this forum deals with all the issues involved with private parking charge invoices, so please read it

it also has a specific section on hire/lease/company vehicles

emmam57

Thanks for that. I'll write again giving my partners details and see how we go. Thanks again

Coupon-mad

emmam57 wrote: »

Thanks for that. I'll write again giving my partners details and see how we go. Thanks again

Not sure I would rush to name the driver this early on, if at all.

I would insist on the appeal being considered because the company IS the 'keeper' so the company has the right to appeal to the IAS (no names needed) then point out the flaws with the NTK which means there can be no keeper liability (and a company cannot the 'driver'). It isn't easy to win an IAS appeal but if the NTK is not liable with the POFA then a 'company' has a chance by pointing out they cannot be liable as they are not a 'person' (driver) and there is no keeper liability because of the wording omissions in the NTK, which you would have to attach as evidence, both sides of it.

Show us the NTK, both sides, and the signage please (readable words). Was the NTK letter received within 57 days of the parking event? Was there ever a windscreen ticket first? Show us both sides of everything, plus a sign.

emmam57

I am just a bit concerned that his employer is going to receive the idle threats from Parking control management until I supply my partners name and address which may cause them to panic and pay this thing...
Also they shut down for 2 weeks over the Christmas holidays so I wont get this until January.

emmam57

Thank you, I will write to them again. Don't have the notice to keeper yet though. Wanted try and nip it in the bud at the windscreen ticket stage. I am waiting for Brent council to come back to me too with the exact location parking control management enforce in the London borough of Brent.

Coupon-mad

You won't get a reply that's any use to you. This has nothing to do with the London Borough of Brent; PCM are operating on private land, not Council land.

emmam57

Guys, my partners employer has received another rejection letter from PCM. Surprise surprise the fine is now out of the 14day period where they offered the reduced rate of payment. They are getting annoyed with the having to pass on these letters so am a bit scared about what to do.


PCM have said that IAS do not take in to account mitigating circumstances when considering appeals, is this true?


they have said that the vehicle was parked outside of a designated parking area, on private land and therefore the mitigating circumstances cannot be taken into an account because the signage states the necessaries.

How do you attach a picture to a thread?

bod1467

emmam57 wrote: »

PCM have said that IAS do not take in to account mitigating circumstances when considering appeals, is this true?

IAS don't even take into account proper legal arguments - they are simply a kangaroo court.

Why haven't the company named your partner as the keeper on the day? If they did that then the PPC shouldn't even be writing to the company. And if you have now received the NtK then simply do this, taking care to name your partner as the designated keeper of the vehicle on the day in question and not as the driver.

Coupon-mad

PCM have said that IAS do not take in to account mitigating circumstances when considering appeals, is this true?

It is true and neither do they take any decent/fair/normal or even clever/legal 'appeal argument' into account:

http://parking-prankster.blogspot.co.uk/2014/12/independent-parking-committee-kangaroo.html

But come on, this is one of the easiest to possibly win at IAS, surely? The 'company' cannot physically have been 'the driver' therefore PCM can only hold the 'company' liable if they have complied with the POFA 2012. So, am I right with this timeline?

- some time in November a PCN was received on the windscreen.

- You disputed the fine on his companies behalf.

- PCM have since sent two rejection letters.

- Only the second one allows the company recourse to the IAS? How long have you got?

- What date was the parking event?

- Has NO Notice to keeper ever been sent out? If so, and if it's now more than 56 days since the original parking event, write urgently and ask PCM in the name of the company 'why have you not issued a Notice to Keeper'?

- Hope that PCM reply straight away saying they 'don't have to because 'the company' appealed early' (they would be wrong to say that so you WANT them to say it).

- Appeal in time to the IAS, as 'the company', saying that 'company' cannot have been the driver because that has to be an individual person, that person has never been named, and yet you as a company can prove PCM have never issued a Notice to keeper and they have admitted it (see letter/email attached, confirming it).


Yes? Am I right with all details? What dates are in play?