PCM fine for parking in an empty bay when someone was parked in 'my' bay

Kityan1

I've read through the Newbie section and couldn't see any guidance that seemed specific to this circumstance, but please re-direct me as appropriate.

I live in our leasehold in a new (still being built) private residential development.
I own parking bay no. 12 (it was negotiated as part of the property sale & it has a value of circa £20k - probably irrelevant, but a further irk that I'm being fined on my own road).
On the day I got ticketed, someone was parked in my bay 12.
Despite there being PCM signage, there had been no parking enforcement in 2017, so I hadn't bothered to try and find out who was parked in my bay.
Instead, I parked in bay 8. Bay 8 is directly outside my property and is owned by my neighbour who has been living overseas, so the bay is never used.
My car was displaying a PCM parking permit for Bay 12, so it was clear that I was a resident with a right to park on the road

The development is still being built. Currently, there are 3 small roads where there are completed properties and residents parking. There are still lots of unfilled and unmarked bays on these 3 small roads. There are always numerous parking spaces on the road.

PCM signage was in place from when we bought property in July 2016, but parking wasn't enforced. There was a short period of ad-hoc patrols/enforcement in 2016, but there was no enforcement since early 2017 (I work from home, so I can be quite confident in this).
Then, in one day (Tues 27th June 2017) the enforcers swooped and issued an abundance of tickets.
Having not been actively patrolling the development, should they have notified residents that they were going to start enforcing the area?
Had I known they were I would have made an effort to find out who was parked in my bay.
Also to note that there is absolutely NO alternative parking in the vicinity (no visitor bays, no Council CPZ or unmarked roads).
Just to add that the PCN envelope was not sealed properly - and it was one of the torrential rain days in June, so the PCN had to be left for days before it could be peeled apart - and print wasn't legible. However, I have now mislaid the PCN!

I note from the Newbie thread that there is a template letter to send when the NTK letter is received in a week or so. Is this what I should be using? Do I have any justification not to pay the fine? Thanks so much for your advice, or for pointing me in the right direction.

waamo

Your situation is essentially the same as everyone elses. You have a ticket and you don't wish to pay it. In essence that's it.

Follow the advice in the Newbies thread for dealing with tickets. The individual circumstances are of no interest to the parking company. They just exist to take money from you.

Coupon-mad

Do I have any justification not to pay the fine?

It's not a fine. Flipping heck you have justification to stamp on this scam!

Read hairray's thread - you can find it yourself by practising using the forum, look up his name and click on it and read his thread and the letters by Loadsofchildren123.

There are also similar threads by Daniel San, and infernouk. Read them as well as the NEWBIES thread.

Kityan1

There is so much info in the threads. Can I just check whether I not send the following letter UNTIL such time as I receive a reminder/NTK? Thanks.

Dear {name of IPC member - only IPC members for this version!!!}

Re PCN number:

I am the keeper of the vehicle and am aware of your purported 'parking charge'. The driver will not be identified. I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company and are they the landowner?
2. Is your charge based on damages for breach of contract? Answer yes or no.
3. Please provide photos of the signs that you say were on site, which you contend formed a contract with the driver.
4. Please provide all photographs taken of this vehicle.
5. Please provide proof that the timing of any camera or timer used was synchronised with all other cameras and/or systems & machines.

Do not send debt collector letters and do not add any costs, which would be a thinly-veiled attempt at 'double recovery'. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data.

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the IPC Code of Practice in terms of signage at this site, as seems likely based on my research) please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me. I do not give you consent to process data relating to me or this vehicle.

I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Coupon-mad

I would send that after 2 weeks, in fact, and not wait. No point with PCM.

And please now edit your first post, you can see why, based on forum advice about not saying who was driving!

Kityan1

Noted. Thanks. And Ive saved a link to the Hairray thread with LoadsofChildren's letter.

pappa_golf

send PCM an invoice for parking , they ALLOWED a person to park on your land , had they have been working properly , as they were hired to do they would have stopped a person from parking on your land

there neglect has cost you money

edit , just send
1. Who is the party that contracted with your company and are they the landowner?

await reply

Coupon-mad

A good point.

pappa_golf

Coupon-mad wrote: »

A good point.

first half or second half , although if they answer the second part correctly then the first point is valid

Coupon-mad

This bit:

send PCM an invoice for parking , they ALLOWED a person to park on your land , had they have been working properly , as they were hired to do they would have stopped a person from parking on your land

Nice point. And the potential loss caused by their negligence and failure, is their parking charge issued to the OP, so it cancels itself out...

pappa_golf

the answer to

1. Who is the party that contracted with your company and are they the landowner?
would be interesting

the answer must be "the owner of plot 8" , at which point you privide written permission from the owner of plot 8 complete with a statement telling then NOT to tresspass on there land again , you and the owner of plot 8 have a single collapsible barrier installed as a "self protect" method
the company that run the site are informed accordingly and comments are made that they and tghere agents are not allowed to tresspass on said properties again