PCM (UK) Ltd PCN in private residential carpark

bu89

Hello all! I have read through the stickys and newbie thread but still have some unanswered questions on this situation and your advice would be greatly appreciated.

Here are the facts-

My partners car received a ticket on windscreen on 03/02.

The parking permit we have was in the car but had slipped into the dashboard and therefore wasn't 'clearly displayed' (at 22:16 at night when the PCN was issued).

The car is a company lease vehicle so we are not the registered keeper.

We have lived here 18months, never had a ticket as always showing a permit, the car in question has been here 6 months clearly showing a valid permit every day so the money grabbing commission happy idiot who issued it knows the vehicle.

It was an honest mistake (mitigating circumstances?)

Basically we are not sure whether to appeal, reject or ignore and let them go the DVLA to proceed from there mainly because it's a company car.

It is a private carpark although the spaces are not allocated, there are no charges for the permit and to my knowledge the management company don't pay PCM uk a penny to operate. The mgmt have also declined to get involved with writing off the PCN on our behalf.

Any help welcome!

bu89

NB we are private tenants. Please help me out on this! Really stuck on what action to take... thanks

bu89

I have to pop out until around midday but PLEASE if someone can reply and offer advice I will response asap thanks

Quentin

If you have read the FAQ thread then you will know there is specific advice for company car drivers in the first post. (You must appeal early)

bu89

Hi Quentin, I've re read the faqs again and still no closer to establishing how to appeal- e.g. what to say in this instance. Both the examples given are where NTK have been served and no ticket was issued on the car itself if I have interpreted them correctly.

I'm sorry, I've never dealt with a PPC so don't know whether to refuse to pay and remain anonymous or explain the circumstances as a resident and appeal to their better nature.

If my partner refuses to pay would they still serve a NTK? If they do what does he need to ask of his company (who VW will refer the letter NTK to if they send one) to avoid being declared as the driver rather than just keeper??

Thanks in advance

Ralph-y

as above please re read through the newbies thread

https://forums.moneysavingexpert.com/discussion/4816822

andlook for the sections that talk about lease cars .........

good luck ...

Ralph:cool:

Quentin

bu89 wrote: »

.

If my partner refuses to pay would they still serve a NTK?

Yes.


Which is why he needs to get his appeal in before it gets to that stage.


All covered in the newbies thread!

bu89

Thanks Quentin and Ralph-y

bu89

SO i've submitted this response through their online appeal form-

'Dear Parking Control Management (UK) Ltd,

Re PCN number:

I am not ignoring your charge for a purported parking infraction. As this is purely a charge (not a statutory penalty) issued under a purported contract and the driver has not been identified, I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company for the provision of their services? I require their contact details.
2. What is the full legal identity of the landowner?
3. As you are not the landowner please provide a contemporaneous and unredacted copy of your contract with the landholder that demonstrate that you have their authority to both issue parking charges and litigate in your own name.
4. Is your charge based on damages for breach of contract? Answer yes or no.
5. If the charge is based on damages for breach of contract please provide your justification of this sum.
6. Is your charge based on a contractually agreed sum for the provision of parking? Answer yes or no.
7. If the charge is based on a contractually agreed sum for the provision of parking please provide a valid VAT invoice for this 'service'.
8. Please provide a copy of the signs that purportedly were on site which you contend formed a contract with the driver on that occasion.

If you believe you have a cause of action, send a Letter before Claim within the next 21 days and I will take advice and will respond.

In my opinion, there is a better alternative than legal proceedings, namely that we utilise the services of a completely independent ADR service suited to parking charges. This does not include the IAS appeal service - which lacks any transparency and possibly any independence from the IPC - unlike the alternative offered by the British Parking Association, POPLA, which is transparent and has been shown to be independent.

Do not send debt collector letters and do not add any costs or surcharges. I will not respond to those, so to involve another firm would be a failure to mitigate your alleged loss. In any case, the addition of any debt collector 'costs' is not my liability because the POFA 2012 can only potentially hold a registered keeper liable if certain provisions have been met and even then, the 'amount of the parking charge' is the only amount pursuable.

Yours faithfully,

******'

I haven't added anything about why I believe it should be dropped was this correct?

Thanks all

Mallotum_X

edit your post to remove the pcn number

Coupon-mad

I haven't added anything about why I believe it should be dropped was this correct?

That's fine but it's all academic because the PPC will reject it, then IAS isn't worth trying, so read post #3 and post #4 of the NEWBIES thread next!

Enjoy ignoring debt collector letters all year. We've almost all been there done that.