PCM tickets

Fergie76

kvlt wrote: »

Sorry, still being a bit dumb. What is a big ommission?

The fact that you had already been through the appeals system and rejected.

kvlt wrote: »

Did you see my other thread?

No, the problem of not keeping everything to one thread.

kvlt wrote: »

In short I have gone through IAS and was denied. Any more detailed advice on my specific case would be welcome:

My last post still stands:

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.

Can you post up your IAS rejection, redacting personal information?

Fruitcake

As I have previously explained, you are confusing things by posting in two threads.


I suggest you do not post on THIS thread again and only post on your original thread.

kvlt

Many thanks for your advice. Few follow up Qs:

1) My lease doesn't say anything about car parking (other than i can't actually have one as this is a car free development supposedly, but that's a separate story). The off site car park is a piece of land owned by the developer that for the time being is used to offer residents car parking. Does that change your advice?

2) Landowner referred me back to PCM appeals process at the very start. I did send them an email yesterday to ask for cancellation. I will follow up with another one to bigwigs of the company if they refuse this second request. Sounds like a good plan?

3) So based on this extra info - do you think PCM would take it to court? IF so what would be my main defence - would it be what I tried using so far that I haven't been informed properly or would it be what seems to be the prevailing notion on this thread that these PCNs are illegal?

4) ARe there similar cases? I tried to have a look but didn't find many similar ones. I find mine is different because it's a residential parking (as opposed to retail car park or something like that) which is not included in the lease and in that i haven't even been properly informed about the details of the alleged contract with PCM.

DRP I ignored form the start - I know that stage needs to pass. I am more anxious about what to expect going forward

Sorry about multiple threads... now people are all of a sudden asnwering to both I don't want to ignore either...

Appreciate any additional advice based on my updated.

kvlt

OK, replying to request in the other thread (PMed Crabman by the way asking to merge this) here is what I got from IAS:

"The Appellant challenges the parking charge on the basis they have an existing contract that has not been cancelled and there was insufficient notice of the new contract. They refer to two parking charges but I can only consider the charge referred to above.

In this appeal the onus is on the Appellant to prove their claim and they have provided no evidence of their previous contract. Similarly, they have provided no photographs of the site to demonstrate their point that there were not enough signs to provide notice. Consequently, the appeal is dismissed"

Redx

clearly there is a legal minefield there so I suggest you get proper legal advice if you feel it is necessary, this forum is about parking issues whereas you are past that and asking about debt collectors and legal issues which may be beyond the remit of this forum and more legal beagles

the landowner is jointly and severally liable for the actions of the parking company he has employed

be an interesting case on J Rinder to try to get to who can do what to who
so

1) legally complicated, not going to answer as not qualified to answer

2), yes a good plan (obviously)

3) who knows ? nobody can predict the future, plus it may depend on the outcome of the Beavis case next week. nobody on this forum or any other forum can tell you what PCM may have in mind

4) yes there are loads of residential cases, which tend to have some form of agreement over the spaces with the landowners , sometimes written into the lease- but maybe nothing like yours as it seems unusual. I have read through scores of such threads on here, its a common topic, but not seen one like yours as such

ps:- the prevailing advice does not say the pcn,s are illegal, that means against the law , there is no law as its a totally unregulated industry

they may be unenforceable, they are not illegal, not yet anyway

its an invoice, so the claimant has to prove the claim against the apellant

you should check the parking contract that you are a party to

Crabman

Duplicate threads have been merged.

arabesque_101

Hi kvlt, do you own your apartment, or are you renting/leasing?

kvlt

arabesque_101 wrote: »

Hi kvlt, do you own your apartment, or are you renting/leasing?

Hi, both. It's a part buy part rent scheme.
The own part is a leashold.

arabesque_101

Contact the body that manages the residential development complex. They will be the ones that have the contact with PCM to manage the parking (if they are not the ones that have the contract, ask them who is). Explain to the complex manager your situation that you were not aware the new parking arrangement had actually started, and ask them to contact PCM on your behalf to have your PCN cancelled. This step is normally recommended at the same time as you appeal to the parking company. However, in your case, there is no drawback in doing this now. You will need to be persistent and not take "no" for an answer.