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PCN From IPC member - Contacted them first :(

Hi guys

so I've come to the forum a bit late here, have been reading up on stuff for a few days, and now as today is Day 26 I'm getting the jitters a little bit, although I suspect unfounded based on lots of good advice on the newbie thread.

I read the newbie thread, and verified the PCN issuer Total Carpark Management (TCM) are an AOS IPC member and was going to take the advice to stick out for the NTK (as the registered keeper) ... but before doing that, I wanted to clarify the position ... because before finding the forum I had done the following
1) Contacted TCM to ask for photographic evidence of the PCN attached to the car (for incorrectly parking across the lines of a bay). They have supplied this info. I don't belive the the driver was identified in those communcations, but did not keep a screen shot of what was sent so can't be sure :(
2) contacted the restaurant and cinema attended both were "unfortunately unable to help as we are not the landowner" - they have received feedback about that :mad:.
3) Contacted the landowner referring to the fact a PCN had been attached to the car, but not confirming who was driving (but did say it was my car). they've said they are unable to help based on the photographic evidence they received (having contacted TCM)

So.... the slight nuance to my position of having done the complaining with each of the establishments and the landowner plus asking TCM for photographic evidence... (and one of those communications could have indicated / inferred who was driving and been shared with TCM) is driving my questions of

a) will any of the action taken so far, impact on the usual advice in the case of an IPC member - which is to "wait for the NTK to arrive between days 29-56" ?
b) if it does, what is the process instead - should I appeal (I think the answer is going to be "No, stick out for the NTK because an appeal to IAS will fail regardless"), but want to ensure I haven't inadvertently done something to impact the standard process, but if I have what I might need to do to strengthen that position

So that's my dilema - I presume the main downside risk here is that the £100 fine could escalate to say £200 if enforcement charges are added, but note the high percentage success rate commented on the forum, makes this a risk worth taking...

Thanks for reading and any advice that can help clarify what to do next is appreciated.
Thanks DnR

Comments

  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 23 February 2018 at 12:43PM
    [FONT=Times New Roman, serif]The amount they are claiming is way over the top.[/FONT]
    [FONT=Times New Roman, serif] [/FONT]
    [FONT=Times New Roman, serif]This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences. [/FONT]

    [FONT=Times New Roman, serif]Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (who take hundreds of these cases to court, and nearly always lose), who have also been reported to the regulatory authority. [/FONT]

    [FONT=Times New Roman, serif]The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.[/FONT]

    [FONT=Times New Roman, serif]http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41[/FONT]

    [FONT=Times New Roman, serif]and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.[/FONT]
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 44,382 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    TCM are benign, so await the NtK, initial appeal to TCM using templates from the NEWBIES FAQ sticky, post #1, which will be rejected. Ignore the ensuing offer of further appeal to the IAS.

    Ride out anything else that comes your way other than a LBC or MCOL (acronyms in post #5 of the sticky), if you get either, come back for help.

    You'd be their first ever court case, as of today.

    http://www.bmpa.eu/companydata/Total_Car_Park_Management.html

    https://bmpa.zendesk.com/hc/en-us/articles/203762781-Total-Car-Park-Management-Ltd
    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
  • UmKommas - Thanks, just to clarify - still wait for the NTK then use the template in #1 of the newbies thread right ? Will keep an eye out for anything like the LBCCC or MCOL, but they only arrive (in time) after the NTK has come....

    The Deep - thanks for the further reading - "seems" the issue is getting to the point that finally it is beginning to be taken seriously - let's wait and see.
  • Umkomaas
    Umkomaas Posts: 44,382 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thanks, just to clarify - still wait for the NTK then use the template in #1 of the newbies thread right ?
    Yep, that's correct.
    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
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