Ticket from Parking Control Management (UK) ltd

RM_2007

Hello guys,

Need your help again...

Posted this on the pepipoo forums as well..need all the help

Got the following notice through the post today

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back



The notice says the car was parked within a restricted area at 18:00 on the 13th October.

Firstly that is incorrect, the car was in the area earlier in the afternoon but definitely not at 18:00.

No ticket was placed on the car.

The driver was in the car all the time and in fact it looks like the photo was taken as the car was moving.

The area is a private estate, no yellow lines etc. I'm not sure what the signage says - will have to go take a look at the next opportunity.

Could you advise on the best course of action. £100 seems a bit steep for a few minutes waiting.

enfield_freddy

parked from , till when? , and have they not forgot that a 10 min grace period has been in place since , I think July?


if you have proof of your whereabouts , and that of the car at 18.00 then there warden is possibly an ex employee of UKPC




PS read https://bmpa.zendesk.com/hc/en-us/articles/203615011-Parking-Control-Management-UK-Ltd

RM_2007

enfield_freddy wrote: »

parked from , till when? , and have they not forgot that a 10 min grace period has been in place since , I think July?


if you have proof of your whereabouts , and that of the car at 18.00 then there warden is possibly an ex employee of UKPC




PS read https://bmpa.zendesk.com/hc/en-us/articles/203615011-Parking-Control-Management-UK-Ltd

The car would have been at home - so no external proof as such. The driver would have only been in that area to collect the little one from school - so definitely not at 6.

No ticket on the car - straight to NTK.

Should I appeal to them? if so which grounds should I use?

enfield_freddy

invalid NTK , on many grounds , hold back for more info ,

Coupon-mad

Should I appeal to them? if so which grounds should I use?

Please read the NEWBIES thread, covers IPC members. I would not appeal at all but others would. Read the thread, it explains about the IAS kangaroo court 'offered' by IPC members in one of the posts there. Only appeal if you do so with your eyes wide open knowing you will LOSE* - all explained in the sticky.


*By the way that does not mean anyone tells you to pay this rubbish! Also read up on the Beavis case, awaiting a decision from the Supreme court right now. Pepipoo will no doubt advice you in a similar way, some say appeal to the IAS and lose, others say don't bother because you will lose! So make your mind up and stick with it - if ignoring them ignore all debt collector letters. Only take seriously and come back here, if you get a 'Letter before Court Claim' from a Solicitor or from PCM themselves (ignore all fake versions from debt collectors).

RM_2007

Coupon-mad wrote: »

Please read the NEWBIES thread, covers IPC members. I would not appeal at all but others would. Read the thread, it explains about the IAS kangaroo court 'offered' by IPC members in one of the posts there. Only appeal if you do so with your eyes wide open knowing you will LOSE* - all explained in the sticky.


*By the way that does not mean anyone tells you to pay this rubbish! Also read up on the Beavis case, awaiting a decision from the Supreme court right now. Pepipoo will no doubt advice you in a similar way, some say appeal to the IAS and lose, others say don't bother because you will lose! So make your mind up and stick with it - if ignoring them ignore all debt collector letters. Only take seriously and come back here, if you get a 'Letter before Court Claim' from a Solicitor or from PCM themselves (ignore all fake versions from debt collectors).

Thanks Coupon-mad.

I looked at paragraph 9 and the NTK doesn't state the period of parking (in fact the time is completely wrong), doesn't list the creditor and therefore just on those points doesn't meet the requirements of a NTK.

If I do appeal, just to have it logged as you say, knowing that It will be rejected, should I use the same template since its an IPC member?


Date


Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car, on these main grounds:

a). The sum is disproportionate, does not represent a genuine pre-estimate of loss, nor is it a core price term.
b) The sum is extravagant and unconscionable and cannot be justified.
c). There is no evidence that you have any interest in the land. I will complain to the landowner about your aggressive ticketing.
d). Your 'Notice' fails to comply with the POFA so there can be no keeper liability.
e). I believe that the signs were not seen/are ambiguous and the predominant purpose is to deter so there is no contract to pay this charge, which is a penalty.

Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 or cancel the charge. I will only appeal further if you offer POPLA, the only independent ADR with a scrutiny panel and trained Assessors. The 'IAS' offered by IPC firms will not be used, for well-documented reasons.

''Drop hands'' offer
The charge is baseless but I realise that you may have nominal postage costs. Equally, I have incurred costs for responding to your junk mail dressed up to mimic a parking ticket. It is clear that my costs and yours, at this point, do not exceed £15 so this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days and I will not pursue you for my costs.

Breach of CCRs
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered nor expressly agreed. This 'contract' is cancelled and any obligations now end.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

salmosalaris

Mispresenting schedule 4 of POFA requires reporting to the DVLA and IPC
Under the legislation the RK is not required to either name the driver or pay the charge if they were driving .

Coupon-mad

Yep you can use that template. You'll lose at IAS and the IPC won't reply or care about any complaint, so just do the appeal then do nothing.

Keep your eye on the news about Barry Beavis v ParkingEye in case anything useful comes from that case.

enfield_freddy

drop the "drop hands" comments , PPCs are laughing at that , and can see which forum its from

Coupon-mad

enfield_freddy wrote: »

drop the "drop hands" comments , PPCs are laughing at that , and can see which forum its from

Who cares? An 'offer' is deliberate at this stage, to do with the CCRS 2013 argument later. PPCs haven't a clue and they don't need to know why the offer is there, because they are generally brainless.

PCM are IPC scum who were exposed on Watchdog:

http://parking-prankster.blogspot.co.uk/2015/05/is-it-pcm-uk-who-make-up-stuff-all-time.html

Ex-clampers acting in the same crim way, allegedly, as they always did.

RM_2007

Happy New Year guys,

I've had a lot of other things on my mind so haven't updated this thread for a while

I did intend to send in an appeal but the truth is I didn't get around to doing it, had it on the back burner since the general consensus here was that it would get rejected anyway.

I have since received 2 more letters, since the notice was issued. The first arrived late November (a month after the initial notice) see below..

Front


Back


I have received today a letter from their debt collection people..

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Back



I haven't had anything else. I take it that this is not the "Letter before court claim"? and just a normal pay up letter?

Do I understand correctly that these firms dont send people to your house and cant do anything to affect your credit score etc?

If I have understood the advice on the newbie threads, assuming this is just another letter in the chain and not the letter before claim, the advice is either ignore or write a robust letter to the debt collectors as per zzzLazyDaisy https://forums.moneysavingexpert.com/discussion/4814108

Is my understanding correct? Your advice is greatly appreciated as usual.