PCN from Parking Control Management (UK) Ltd

NKWPA

Hi,


I have a PCN attached to my windscreen from the PCM (UK) Ltd yesterday for not displaying my parking permit (I forgot to display it, clever me!!). It is a dedicated residence parking bay and I am the leaseholder for the flat (i.e. the parking bay is for me).


I have read the newbie threat and am I right in saying that I should wait for the Notice for Keeper to arrive before I start the process of appealing?


Any advice would be much appreciated!!


Thanks.

ManxRed

I think PCM might be an IPC company, in which case appeals are pointless. You need to nip this in the bud, now. Check the terms of your lease. Does it stipulate anywhere that you have to display a permit, or abide by any directives of the management company in regards to parking? I suspect not.

Does it say anything to the effect that you are entitled to quiet and peaceful enjoyment of the property?

If so, then this company is trespassing on your land and you should put the management company on notice:

Dear Management Company,

I hereby withdraw all implied access to [identify parking space] to you, your employees, agents, and sub contractors (including but not limited to PCM (UK) Ltd). Any further incursion onto my property will be deemed as trespass and legal action may be taken accordingly.

Yours,

XXXXX

NKWPA

Thanks for your quick response, ManxRed. I shall check my lease and see the T&C.

ManxRed

Come back here and let us know.

If I'm right and you go with that letter then you also need to remove the permit completely, and expect some potential crap from the Management Company.

However they ARE trespassing (if your lease says what I think it will and you put them on notice by sending that letter).

PCM UK have one thing in mind here. They're not there to stop interlopers parking, they're there to target residents for minor transgressions - that's how they make their money. The Management Company might well be on a backhander too.

NKWPA

You are spot on, ManxRed.


I have just checked my lease document and it says ".... may peaceably enjoy the Premises during the term without any lawful interruption by the Landlord or any person rightfully claiming under or in trust for it".


I can't find anything within the document that request the display of permit at all time.


I shall proceed with your suggestion above, write them a letter. I presume I have to disclose my details (i.e. my name and address) to enable them to verify that I am the leaseholder?


Thanks again.

NKWPA

Do I have to add other points (i.e. no contractual authority, not a genuine pre-estimate of loss, no contract between the keeper and them, and etc) as per the comments on other posts?


Thanks.

bod1467

I wouldn't bother in respect of this letter. It might be worth referencing Davey vs UKPC, as you would be following the same path if they persisted in ticketing your vehicle.

NKWPA

Thanks, Bod1467.


I have drafted the letter :


I am the registered keeper of vehicle reg xxxx and I am in receipt of a PCN Number xxx , issued on 6th January 2015.
I am also the leaseholder for property address at xxxx, who has the legal title of the parking bay which my vehicle was parked.

I hereby withdraw all implied access to the dedicated Parking Bay E to you, your employees, agents, and sub-contractors (including but not limited to PCM (UK) Ltd). Any further incursion onto my property will be deemed as trespass and legal action may be taken accordingly (please refer to Davey vs UKPC).


I therefore would request that the Parking Charge is cancelled and you notify me in writing confirming cancellation.


Yours faithfully,
xxx


Any further comments before I submit it via their online appeal system would be much appreciated.

Umkomaas

I therefore [STRIKE]would request[/STRIKE] demand that the Parking Charge is cancelled and you notify me in writing confirming cancellation.

Thought I'd help you make this more pointed. Why 'request' anything that is unwarranted?

bod1467

I went to quote post #8 but there's too much formatting to make it easy to edit.

Here's my tweak ...

I am the registered keeper of vehicle reg xxxx and I am in receipt of a PCN Number xxx , issued on 6th January 2015.
I am also the leaseholder for property address at xxxx, who has the legal title right to peaceable enjoyment of the parking bay in which my vehicle was parked.

I hereby withdraw all implied access to the dedicated Parking Bay E to you, your employees, agents, and sub-contractors (including but not limited to PCM (UK) Ltd). Any further incursion onto my property will be deemed as trespass and legal action may be taken accordingly (please refer to Davey vs UKPC).

I would request demand that the Parking Charge is cancelled and you notify me in writing confirming cancellation, and that my vehicle is whitelisted from receiving further PCNs.


Yours faithfully,
xxx

NKWPA

Thanks a lot, Umkomaas & Bod1467.


I shall update the outcome...