pcn on a hire car

jinkks

Hi,

I’ve had a charge notice from a private parking ticket company on hired car . Parked in the wrong space in a block of flats as my space was taken by my car. Hired car to travel over weekend as my car was not keeping well. If it was my car I would appeal it using newbies format and wait and watch, but it is a rental car (in my name), the car has gone back and my deposit has been refunded. If this parking company decide to chase it for a reminder, they’ll find it was an Enterprise Rental Car.
I have read suggestions to appeal (and must appeal EARLY) to PPC as keeper. I am not sure if I stand any chance as there were signs saying that by parking or remaining at this site otherwise in accordance with below.. (Vehicles parked with a valid parking permit fully displayed within the windscreen when parked wholly within the confines of a marked bay appropriate for the permit on display).
Now i am a resident at this site and my visitors have been parking at same place for 1 year and never been charged. Is it ok to use the same wording and format as mentioned on newbies thread or shall i make any amendments? please suggest.

Kind Regards
Jinx

bod1467

You haven't told us which parking company gave you the PCN. This is important, as the advice on how to proceed depends on the answer.

Also check also your deeds/lease/AST ... do THEY require parking permits? If not then the deeds/lease/AST trump any parking company's invoice ... the parking may be construed as your land.

jinkks

Thanks for the reply.

The ticket was from PCM uk ltd.

AST got 12 points on use of premises and has mentioned that it includes all items set out in the inventory. 1 parking permit mentioned on Inventory report, which is displayed on my own car parked in allocated bay.

Point 3.7.4 & 3.7.11[use of premises] Not to keep, park or store any boat, caravan,commercial or similar vehicle at or near the premises.Not to use or allow the premises to be used, for any illegal,immoral or improper purpose.

jinkks

Just to clarify on my point where i said "Parked in the wrong space in a block of flats" on my initial post. I should have choose words carefully,my bad, this (hired car) was parked next to flats on private land (part of the residential area) which has no road markings ( not on bays allocated to others) or marked bays.

Coupon-mad

jinkks wrote: »

Hi,

I’ve had a charge notice from a private parking ticket company on hired car . Parked in the wrong space in a block of flats as my space was taken by my car. Hired car to travel over weekend as my car was not keeping well. If it was my car I would appeal it using newbies format and wait and watch, but it is a rental car (in my name), the car has gone back and my deposit has been refunded. If this parking company decide to chase it for a reminder, they’ll find it was an Enterprise Rental Car.

I have read suggestions to appeal (and must appeal EARLY) to PPC as keeper. I am not sure if I stand any chance as there were signs saying that by parking or remaining at this site otherwise in accordance with below.. (Vehicles parked with a valid parking permit fully displayed within the windscreen when parked wholly within the confines of a marked bay appropriate for the permit on display).

Now i am a resident at this site and my visitors have been parking at same place for 1 year and never been charged. Is it ok to use the same wording and format as mentioned on newbies thread or shall i make any amendments? please suggest.

Kind Regards
Jinx

PCM will write to the keeper/owner, without doubt. Then the hire firm will change you £35 admin fee if you let them get any letters, so don't. That's why you appeal early and no changes are needed to the NEWBIES template (don't I make that crystal clear in the thread??). DO NOT ADD ANYTHING or you might accidentally blab about who was driving - and the facts do not matter.

If PCM only offer 21 days to appeal, send the template appeal soon. If you can appeal online, do it that way and take a screenshot.

PCM will then reject the appeal but at least all the silly letters will come to you. There is no POPLA, no appeal worth trying unless you wish to try an IAS appeal - which will be lost. Read post #3 of the NEWBIES thread to understand the issues with that kangaroo court.

DO NOT PAY! THIS IS WHOSE POCKETS YOU WOULD BE LINING:

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

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

jinkks

Thanks for the reply. I appealed it and got rejected, no surprise. Below is the reply from them. However, I asked them to send me POPLA but they suggested to appeal via ISA.


Thank you for your correspondence regarding the above PCN. I have considered....reject your appeal on the following grounds.

You parked in a manner whereby you agreed to pay a charge. The attendant recorded that the vehicle was parked outside of a designated area. The site is private land and is managed and operated by PCM uk ltd. The pcn has been issued in accordance with this parking management scheme. The signage in the area is clear and informs motorists of the contractual obligations you agree by parking in this area. By parking in this manner, you agree to pay the stated charge.

The signage advises motorists of parking conditions that apply and as such vehicles are not permitted to be parked on the roadway, paved, landscape or access areas at any time.

In response to your points of appeal;

It is not disputed that you are resident of development-however if not valid pcm permit displayed at the time of contravention, one cannot ascertain whether a vehicle is permitted to park. The contractual terms do not state that terms apply for only non-residents; if the scheme was not applied universally, others would be encouraged to park at location in the hope of avoiding a parking charge, thus preventing residents from parking at their address.

I understand that you were loading however your vehicle was observed for a reasonable amount of time to be stationary without any signs of active loading/unloading and as such was deemed to be parked.

The notice fully complies with POFA and IPC's code of practice

The issue is not one of loss but one of a contractual agreement. Charges must only reflect a genuine pre-estimate of loss when they arise due to breach of contract. This charge does not arise due to breach of contract but rather as one of the terms of the contract itself. Therefore pre-estimate loss irrelevant in this case.

PCM maintain that the terms of contract are concise and clearly displayed throughout the parking area.

Options:

If you believe decision is incorrect, the IAS provides an ADR scheme for disputes of this type. As you have compiled with our internal appeals procedure you may use, and we will engage with, the IAS standard appeals service providing you lodge an appeal to them with in 21 days of the rejection.

If you decide to use IAS, the offer of a discount for early payment will be withdrawn.


Advice please, risk loosing early payment and appeal? but confused how to proceed..

Many thanks
jinkks

Guys_Dad

Is there any proper signage anywhere near where you parked?

Coupon-mad

Advice please, risk loosing early payment and appeal? but confused how to proceed.

Read the NEWBIES thread which spells out the options at this stage, in post #3.

jinkks

@Guys Dad, yes there are signs at the site, but I didn't bother to read before as I am resident at the development.

@coupon-mad, I will have a look at the post and prepare for next stage