PCM tickets

kvlt

Hi All,

Apologies if this ends up as a thread at which all the red bolded font 36 text is aimed at in the NEWBIE section. I am not quite sure where my case fits in with all the advice you have provided there so I hope you can help me. I will try to explain things chronologically.

1) I am resident at one of the developments in West London which has its own off site car park. For the first year since I moved it the landowner/manager of the development was managing the permits, but late last year they sent a letter that the management of the car park will be taken over by company called PCM and that this will re-introduce the parking restrictions enforcement (suggesting there was non beforehand) and that PCM will write to residents directly to inform how to apply for new permits (with the old ones issued by the landowner becoming invalid).
2) I am a very infrequent car user sometimes leaving it for a week or longer without use and that's what happened around the time when the new rules were to be implemented. I parked the car and forgot all about it. When I returned I had two parking tickets on my windscreen. I simply forgot because I coded in my head that I will be getting a letter from PCM about it but it never came. Worth noting that I had old permit displayed and I couldn't have seen the signs they put in the car park as I haven't been there since the restrictions were introduced.
3) I have appealed by using PCM online service sending a very strong worded and emotional appeal. It wasn't very professional but I was fuming.
4) They rejected it so I have appealed via IAS explaining the whole situation in detail.
5) I got rejected by IAS completely ignoring what I said and saying it's rejected because I have not provided any proofs such as photos of signage etc - I was not claiming in the letter at all that it was inappropriate or anything like that.
6) I have sent PCM an email saying that I believe I have a strong case despite IAS's rejection so I am not intending to pay and I will fight them in court.
7) I started getting Debt Recovery Plus letters this month, now I am on the 'notice of intended court action' received yesterday. I took no action on the first letter from DRP.
8) I thought I should do some research and ended up here (pity so late in the process). I read a bit so I see I have done things which clearly won't help me, but I still think PCM can't claim we have entered into a binding contract if they have not sent a letter (in their rejection they claim that they have put it through the postbox with certainy but they can't say what happened to the letter after) and even if I was in the car park (which I was not) surely they couldn't have reasonably expected me to pay attention to the signage that was put on. I was using the car park for a year by then and had a valid permit in my mind - I wasn't at all thinking of looking at the signs.

Happy to post contents of all correspondence if that helps you assess what's the best course of action in my case.

You mentioned I shouldn't identify myself as a driver but I have already done that so what is the best course of action in my case considering all the circumstances I described.
I already gathered from the flowchart I should try to ask the landowner. I tried this at the beginning but they referred me to the PCM appeals process. I think that armed with all the knowledge I gained so far in the process I will give it another go with them however I am happy to follow any advice you give me including including going back to some earlier steps (if you think that may help).

Thanks and sorry I am covering something which was already discussed here.

kvlt

Hi Guys, any chance someone can help me out with my case?

kvlt

Okay, seeing I'm not getting any traction with my long winded explanation of my situation I will ask a quick Q under this new thread.

All you advice seems to be suggesting that one shouldn't give himself away as a driver of the penalized vehicle but I have already done that in my appeal so does any of the advice suggested in newbies apply?

Apologies if this is a dumb question, but I want to confirm my understanding which is that I may have to cough up now or can I still defend my case somehow? As I explained in detail in a separate post I believe I have a case but I want to know what to expect from more knowledgeable people.

Thanks for your advice.

Fruitcake

kvlt wrote: »

Okay, seeing I'm not getting any traction with my long winded explanation of my situation I will ask a quick Q under this new thread.

All you advice seems to be suggesting that one shouldn't give himself away as a driver of the penalized vehicle but I have already done that in my appeal so does any of the advice suggested in newbies apply?

Apologies if this is a dumb question, but I want to confirm my understanding which is that I may have to cough up now or can I still defend my case somehow? As I explained in detail in a separate post I believe I have a case but I want to know what to expect from more knowledgeable people.

Thanks for your advice.

Splitting your case over two threads doesn't help as anyone looking at this thread will have no idea of the original circumstances.


Having said that. Do Not Pay. Appeal. The fact you have named yourself as driver does not mean that all is lost. You can still appeal and win. I suggest you post a link to your original thread and then don't posy on this thread again.

Fergie76

Your case is no different to anyone else's, except you can't now claim you weren't driving.

Appeal using the newbie thread and just leave out anything to do with keeper liability.

kvlt

Fair enough. I was sort of hoping for a quick response and thought that my long explanation is putting people off from commenting/providing advice. I can't post links apparently as a new user... so below just as a text...

LINK: http:// forums.moneysavingexpert.com/showthread.php?t=5180373

kvlt

Thanks for your replies so far. Now we can go to the details. I have passed the appeals stages before I came here so now I am on notice of intended court action. I am just wondering what to expect. Will PCM come after me and do I have a chance to win and what's the best strategy in my case.

Fergie76

Well that is a pretty big omission.

Have you been through POPLA/IAS and denied?

If so, there is nothing you can do other than to sit back and wait for up to 6 years to see if they come after you with court papers.

I am unsure if PCM do issue court papers or not, someone else might be able to confirm, but it might be a different ball game in a couple of weeks once the Beavis result is in.

kvlt

Sorry, still being a bit dumb. What is a big ommission?
Did you see my other thread? I explained everything there in more detail. I paste it here maybe - the other thread seems dead.
In short I have gone through IAS and was denied. Any more detailed advice on my specific case would be welcome:

ORIGINAL MESSAGE FOLLOWS - moderators can close the other thread.

Hi All,

Apologies if this ends up as a thread at which all the red bolded font 36 text is aimed at in the NEWBIE section. I am not quite sure where my case fits in with all the advice you have provided there so I hope you can help me. I will try to explain things chronologically.

1) I am resident at one of the developments in West London which has its own off site car park. For the first year since I moved it the landowner/manager of the development was managing the permits, but late last year they sent a letter that the management of the car park will be taken over by company called PCM and that this will re-introduce the parking restrictions enforcement (suggesting there was non beforehand) and that PCM will write to residents directly to inform how to apply for new permits (with the old ones issued by the landowner becoming invalid).
2) I am a very infrequent car user sometimes leaving it for a week or longer without use and that's what happened around the time when the new rules were to be implemented. I parked the car and forgot all about it. When I returned I had two parking tickets on my windscreen. I simply forgot because I coded in my head that I will be getting a letter from PCM about it but it never came. Worth noting that I had old permit displayed and I couldn't have seen the signs they put in the car park as I haven't been there since the restrictions were introduced.
3) I have appealed by using PCM online service sending a very strong worded and emotional appeal. It wasn't very professional but I was fuming.
4) They rejected it so I have appealed via IAS explaining the whole situation in detail.
5) I got rejected by IAS completely ignoring what I said and saying it's rejected because I have not provided any proofs such as photos of signage etc - I was not claiming in the letter at all that it was inappropriate or anything like that.
6) I have sent PCM an email saying that I believe I have a strong case despite IAS's rejection so I am not intending to pay and I will fight them in court.
7) I started getting Debt Recovery Plus letters this month, now I am on the 'notice of intended court action' received yesterday. I took no action on the first letter from DRP.
8) I thought I should do some research and ended up here (pity so late in the process). I read a bit so I see I have done things which clearly won't help me, but I still think PCM can't claim we have entered into a binding contract if they have not sent a letter (in their rejection they claim that they have put it through the postbox with certainy but they can't say what happened to the letter after) and even if I was in the car park (which I was not) surely they couldn't have reasonably expected me to pay attention to the signage that was put on. I was using the car park for a year by then and had a valid permit in my mind - I wasn't at all thinking of looking at the signs.

Happy to post contents of all correspondence if that helps you assess what's the best course of action in my case.

You mentioned I shouldn't identify myself as a driver but I have already done that so what is the best course of action in my case considering all the circumstances I described.
I already gathered from the flowchart I should try to ask the landowner. I tried this at the beginning but they referred me to the PCM appeals process. I think that armed with all the knowledge I gained so far in the process I will give it another go with them however I am happy to follow any advice you give me including including going back to some earlier steps (if you think that may help).

Thanks and sorry I am covering something which was already discussed here.

Redx

seems straightforward to me

nothing you can do apart from the following

IGNORE DRP, cannot stress this enough, which is why its in the NEWBIES sticky thread under debt collectors

you check the terms of your lease about any parking space owned or leased by yourself , quiet enjoyment etc , decide if effectively you are the owner of this space such that you can dispute it in court or even issue an injunction etc against the PPC

the aim of this scheme should be to prevent aunauthorised people from using your spaces, not harassing the owners or tenants

you sort this out with the landowner (unless that is yourself) and the managing agent , to get cancellations and your VRN added to a whitelist

you then ignore all attempts at extortion unless you get an actual LBCCC or an actual MCOL at which time you will be fighting back according to the sticky threads and in court if PCM took it that far

I suppose it really depends on who owns the space and what that landowner allows any "sublettee" to do

if you search this forum you will find many instances of similar cases and a reference to one case where the owner or tenant took the PPC to court for trespass etc, and won

its a subject that comes up many times so just read all the good advice given to the dozens of other posters

and dont forget , IGNORE DRP , in all of their guises , they cannot do anything at all except send you toilet paper with black or red writing on it (for 6 years)

and stick to one thread only, it creates a timeline and no ambiguity

good luck

Redx

pm crabman and ask him to merge the 2 threads

there are no moderators on this forum

I stuck a reply in your other thread