Parking charge from Parking Control Management (UK) Ltd

immy425

Hi all,

I have received a "Postal Notification of Parking Charge" from Parking Control Management (UK) Ltd for allegedly "Parking within a restricted area."

In the letter, they have included a picture of my car from the side and of their board/sign in the area. They have asked me to either pay the charge or provide them details of the driver. I had the opportunity to pay a "discounted amount of £60.00" within 14 days, which has now passed.

As far as I understand, I now have three options: pay £100, make representations (not sure what to write) or just ignore this and future letters.

I have always used the guidance on this forum (which has been great) to fight these unfair parking charges. The guidance regarding this PPC is unclear. Any advice/guidance regarding next steps would be received gratefully!

The_Deep

Are you saying that the stickies are unclear? Where are you having difficulties?

Your best option is to make representations, first to the PPC, and, if they turn you down, to the IAS. The process is a tad confusing at first, but rocket science it is not. If you want to outwit the scammers, you have a few hours reading ahead of you.

Coupon-mad

I disagree about the IAS but that's already explained in post #3 of the NEWBIES thread. Paying is not given as an option on this forum...

No-one is going to type out advice suited to each PPC - except the BMPA who have done:

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

''Stage 3 - Rejection of Appeal

It will come as no surprise that every appeal is rejected. They then offer you a chance to appeal to the IAS - which is a sham organisation which should be avoided.''

I agree with the BMPA but I've provided links in the 'NEWBIES' sticky thread so you can make your own decision and understand the options.

If you don't understand the sticky thread - when reading it on a PCN or laptop, not a phone - why not just search this forum for 'PCM' or 'IPC member' to read the zillions of other threads from people who did understand the options and discussed the issues on other threads recently.

The_Deep

I forgot to mention v.a.t. Did the paperwork mention vat. If not, the PPC may be trying to evade it.
Ask them for a vat invoice. If they ignore your request, (which they probably will), it is a useful stick with which to beat them if it ever gets to court.



More reading here
https://forums.moneysavingexpert.com/discussion/5033796=

https://forums.moneysavingexpert.com/discussion/5195437

https://forums.moneysavingexpert.com/discussion/5087925=

If you suspect tax evasion report it to the fraud hot line here

http://forums.moneysavingexpert.com/showthread.php?t=5087925&highlight

immy425

Hi, it seems like I may have got off on the wrong foot. Just to clarify, I spent around 3 hours going through the newbies thread and other relevant threads on this forum. I didn't want to waste anyone's time. The newbies thread said to start a new thread if PPC is an IPC member as things are more complicated. I also did not understand the ramifications (if any) of the recent court case.

Thank you both for the advice - I really appreciate it. I have gathered the following points from this forum to put in the letter. I have mainly copied these for now and will be putting them in my own words. Let me know if there is anything you feel I should add or omit. Also, whether you recommend posting the letter by recorded delivery or using PCM's online appeals system?
.........
I have just received your demand ref xxxxx and challenge it 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 28 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.

So that this matter may be given full and thorough consideration, when you reply, I also require the following information so that I can attempt to conform to your arbitrary and unilaterally imposed timeframe and appeal the charge.

1. Is the charge based on a purported breach of contract or a supposed contractually agreed charge for the provision of parking ?
2. If the charge is for breach of contract please provide evidence of your actual loss or genuine pre estimate of loss .
3. If the charge is a contractual fee for the provision of parking I will require the issue of a valid VAT invoice .

If you fail to provide the requested information it is on the understanding that the charge has been cancelled.

Yours faithfully,

catfunt

Just quickly as I am out of time.. but...

Never use registered post (if using postal system) as they can refuse and then say that the letter was not served!, instead, send first class and get a free proof of posting from the Post Office, this is your evidence of service.

POPLA does not apply to IPC companies.

Points a,b,c, need to be carefully looked at in the light of Beavis

Coupon-mad

Whatever you send at this stage will get a rejection letter but that's the old 'pre-Beavis' version from the NEWBIES thread.

You could just say:

I am the registered keeper and the alleged debt is denied. Please treat this as an appeal and note that IAS is not considered by consumers who have used it, to be a suitable or independent ADR. When responding to this appeal please set out the basis of your charge, i.e. whether this is damages for breach or a contractual fee for parking?

The_Deep

I would take out the drop hands and Breach of CCR paragraphs, it makes you look like a CM disciple and not your own man. Her revised suggestion is much better.


Don't overlook the v.a.t. issue if it applies.

immy425

Okay, so I should scrap everything in my last post and just send Coupon-mad's revised paragraph.

Regarding vat, should I also include points 2 and 3 of my last post?

Any other points from my last post you feel I should throw in?

The_Deep

I certainly would, the prospect of a v.a.t. investigation would, I should imagine make them think twice about pursuing you. o

immy425

Hi all, so I have received the rejection letter from PCM. *shocker*

In their grounds for rejection, they mentioned: "You parked in a manner whereby you agreed to pay a charge. The Parking Attendant recorded that the vehicle was parked outside of a designated parking area."

They go on for a couple of paragraphs with the reasons and then also add: "In regards to your comments, VAT is not applicable on parking charge notices."

Any thoughts/advice re next steps?