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Missed Appeal Opportunity, what next?

Hi,

Read through Coupon Mad's really useful posting (wish I'd read it when we first got the ticket) but I think our situation may fall outside the scope of the guidance.

My girlfriend found a window ticket from PCM (UK) Limited on her car a few months ago. She was trying to park at work, couldn't find a space in her car park and so parked on the street in the business park.

She contacted the firm through a form on their site when she was first issued with a windscreen ticket. After sending the email, it advised her she would receive a response within 14 days. As she never received a reply she called the company directly to query if they had received her statement explaining her situation as to why she parked there. When explaining this to customer services they advised that actually she had been issued two parking notices only two days apart (although she only received a window notice once). She also advised to attempt to contact again, by which point it was too late to appeal. Her colleagues advised her to just ignore it saying the penalty is unenforceable which is what we did.

Increasingly bothersome letters were sent by PCN to the point where a debt recovery letter was sent by Trace Debt Recovery. We responded to both PCN and the debt recovery service explaining that no NTK was ever received so they don't have a claim against the driver of the vehicle. Trace responded saying that the next steps will be County Court and PCN are brushing over the letter we sent, they claim that a NTK was sent and stating that it is too late to appeal.

I now realise that we should have dealt with this straight away, frustratingly the grounds for appeal look reasonable because the signage is not clear however it would appear from PCN's letters that the period for appeal has elapsed.

Can anyone advise as to what our next steps should be?

Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    edited 11 September 2016 at 7:04PM
    none

    IGNORE the debt collectors

    come back if and when you get an LBC or an MCOL within the next 6 years

    her colleagues are talking **** , it is enforceable , if a judge says so , in court
  • Fruitcake
    Fruitcake Posts: 59,507 Forumite
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    edited 11 September 2016 at 6:56PM
    PCM UK are with the IPC, so there is no point in taking this any further as they only run a kangaroo court appeals system that I believe guarantees the parking companies an 80% rejection rate.


    Did the letters you got say court will be next, or court may be next? There is a big difference. Debt collectors don't get any money if it goes to court.
    You have appealed, all you can do now is ignore anything and everything you get except real court papers.

    Tell your friends that ignoring has not been advised since the law changed in 2012. They (and you) need to keep abreast of changes in private parking.
    I married my cousin. I had to...
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  • Umkomaas
    Umkomaas Posts: 43,904 Forumite
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    She should ask her colleagues if they will be writing a defence for her if this gets to court - seeing how much they think they know about this stuff! As well as underwriting any losses incurred as a result of their atrocious and ill-founded 'advice'.

    They really need to !!!!!! if they have no idea what they are talking about. Perhaps they should join in on this thread to explain why they have caused your gf such angst, and us work in helping her to get around the problem.

    They need stopping in their tracks before they dispense more crap to the next PPC victim!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Trace Debt Recovery ??

    Incorporated March this year but were
    DCL DEBT COLLECTION LIMITED

    Anyone here throw some light on this name

    No problem Dominicdsz1 THEY are just powerless debt collectors so you ignore them, you will get more junk mail from them no doubt
    with threats that actually mean nothing

    If PCM want to go further then you might be invited to court. In the meantime gather your evidence such as the signs, their location, what is said the on the signs. Most of all are PCM allowed to issue tickets and on whose behalf

    I would not worry about it but YOU MUST TELL your pals

    NEVER IGNORE A TICKET, YOU CAN APPEAL
    and you can .....
    IGNORE TOOTHLESS DEBT COLLECTORS
  • Coupon-mad
    Coupon-mad Posts: 156,129 Forumite
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    When explaining this to customer services

    PPCs like this bunch do not have 'customer services'! PCN scam victims are no customers of theirs, they are people about whom PCM apparently 'make it up as they go along' in order to get the money:

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

    So, don't beat yourself up, there was NO missed opportunity because this would never have been cancelled on appeal, never. Here is what will probably happen:

    https://forums.moneysavingexpert.com/discussion/5522820

    Look at the Parking Prankster blogs about Gladstones bungling cases:

    http://parking-prankster.blogspot.co.uk/2016/06/hopeless-solicitors-gladstones-bungle.html

    http://parking-prankster.blogspot.co.uk/2016/05/gladstones-solicitors-bungle-case.html

    http://parking-prankster.blogspot.co.uk/2016/01/latest-gladstone-court-debacle.html

    http://parking-prankster.blogspot.co.uk/2016/09/gladstones-lies-catch-up-with-them.html

    HTH
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Fruitcake wrote: »
    PCM UK are with the IPC, so there is no point in taking this any further as they only run a kangaroo court appeals system that I believe guarantees the parking companies an 80% rejection rate.


    Did the letters you got say court will be next, or court may be next? There is a big difference. Debt collectors don't get any money if it goes to court.
    You have appealed, all you can do now is ignore anything and everything you get except real court papers.

    Tell your friends that ignoring has not been advised since the law changed in 2012. They (and you) need to keep abreast of changes in private parking.


    The latest letter from PCM states:


    "If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with court action against you".


    So I guess we just sit tight and see if they do try to take us to court.


    I have advised Lauren to take photos of the signs and the view of the signs from where she was parked just in case it comes to court action.
  • Umkomaas
    Umkomaas Posts: 43,904 Forumite
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    So I guess we just sit tight and see if they do try to take us to court.
    Exactly. :)
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 156,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The latest letter from PCM states:


    "If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with court action against you".


    So I guess we just sit tight and see if they do try to take us to court.


    I have advised Lauren to take photos of the signs and the view of the signs from where she was parked just in case it comes to court action.

    Read the threads on page one of the forum today about the Government finally appearing to be ready to take an interest in this scam. If you get a template Gladstones threatogram, as well as responding to that and complaining to the SRA about these template roboclaims, send a copy to both Theresa May and Sir Oliver Heald.

    See the threads from today and the Daily Mail article ... the more the Government realise what this is doing to ordinary people (creating by stealth, unknown CCJs and wholly unfair court cases out of made-up debts that can wreck credit rating without even being based upon any sort of 'credit' or CCA agreement) the more the chance of some action to stop this machine of 'credit clamping'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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