PCM Ticket whilst parked outside a friends house visiting, do i pay?

infernouk

haha yep, so i just ignore again and wait to see if i get a solicitor letter?

Umkomaas

infernouk wrote: »

haha yep, so i just ignore again and wait to see if i get a solicitor letter?

That's about it. Do not ignore a letter from a solicitor about this charge, or real court papers. Come back if you get one or other.

danny95

Hi inferno!

I'm just commenting to let you know that I have exactly the same problem with PCM and trace. Was your incident in Hatfield by any chance?
What's really strange is that that letter from trace is identical to mine, down to the date we have to pay our £160 fine by (21/12/16).

But yeah, just to let you know, i was really worried about it as well but reading through the forum has really helped me feel a lot better. I'll be ignoring the letters and waiting for court papers, so if you're up for it we can boy them off together!

infernouk

Hi all posting an update, i ignored the debt collectors as instructed and now have a gladstone letter, image below. What is my course of action now? im starting to get a little worried im going to end up having to pay out this much larger sum? Thanks!



link to full size: http://i.imgur.com/2ggg004.jpg

Half_way

Danny 95 You have not been fined, pleas start your own thread.
Infernouk, this reads as an own space incident, in that the landowner granted you permission to park, it is highly likely that they can park there irrespective of any parking company.

PCM are bottom feeders, Gladstones/IAS/IPC are Will Hurley operations
you need to read up on your rights, and stop fretting/worrying
read Homeguard vs Jopson for starters

Coupon-mad

Have a look at other threads already past this stage (court defences in) because they will be issuing a claim and this is defendable. You do need to respond to that letter but it won't stop them. DO NOT PAY.

e.g. have a look at bigsej's thread and the other ones mentioned recently in his thread, plus the Parking Prankster's linked Blog shown to bigsej, about residential parking. Same advice for you. Very defendable if you use the right words.

infernouk

But what do i say to them in my response? I have no issue fighting it if you guys are certain, just not sure what to be saying as i know wording is essential in these matters! Appreciate the continued support in this

Coupon-mad

Ask that question after you've read all the threads I just pointed you to read. There are only so many times we can state the same thing again and again and on bigsej's thread I just pointed him to several other threads also defending cases (and his is a residential car park like yours so his case shows what to do).

Why are you not simply using the forum search before asking? For example, you get a Letter before claim from Gladstones and you are wondering how to reply, so surely your first step (knowing everything has already been said here umpteen times because we do this every day) is to put 'Gladstones Letter before Claim' into 'search this board'.

We can't field every case one by one if people aren't reading what they can find by searching and not reading the threads they are pointed to. Do that first, then ask us if you are still unsure. Search and research, then ask.

infernouk

Would this adaptation of a template from pepipoo be sufficient in response at this point? or cause me issues?

To reiterate the situation, the street is in a cul de sac, the only parking was on street infront of girlfriends house (lease holder) and needs permits to park anywhere near the house, the property has 2 total, i had one but clearly it wasn't in view that day of which they have pictures of.

The neighbours decided to park on our private drive as they seem to do all the time, and the private parking that isnt under regulation behind the house is being used as an illegal repair garage operation by some dodgy neighbours so cant park there, car was parked on the street for about 20mins in front of the door of the house whilst i helped take things inside at around 8pm, it was too dark to see any signage clearly and she had only been living there for 3 weeks so we weren't aware of the militant operation.

I havent had an incident since, parking in the exact same way but with conscious effort to keep the permit in view.

Response:

Dear Sir

Ref : ****

I have received your Letter Before Claim dated 25th January 2017.

I deny any debt to Parking Control Management Ltd

The driver is not identified in your letter and your client has failed to meet the requirements of The Protection of Freedoms Act to pursue me as keeper.

Please confirm as to how the alleged £100 charge was transparently communicated to the driver and how does your client evidence that sum was 'agreed', given that PCM's signs have been held by a court to be prohibitive.

You also cannot presume that I possess all the documents referred to in your letter. Please send me copies of all the documents sent by the client including the windscreen notice if one was attached to the vehicle.

When these are supplied, please also confirm whether the intended action is founded on a contractual charge, a breach of a contract or trespass.

How and where the alleged £50 'indemnity costs' were communicated to the driver, given that you would contend that £50 was not stated in any sign at that location.

A breakdown of how these indemnity costs arose and when they were added to the charge and proof that the sum of £50 was paid by your client and to whom and for what service.

When I receive the documents and your explanations I will be in a position to make a more detailed response, It would be unreasonable to proceed with litigation before you have clarified your client's cause of action.

I look forward to your response

Yours Faithfully

infernouk

Any chance anyone can spare a min to confirm if this is the right course of action before i print and post the above? Also added more confirmation on the background of the case since it seems we are proceeding to a claim. Much appreciated!