PCM Issued PCN - Own Parking Space

Feedback_2018

Good Morning All,

I have consulted the Newbies thread as recommended to do so and have also waited more than 14 days to appeal my PCN.... Now I am at the stage where I need some help as I am really rather confused about the whole appeals process and whether I should be doing X, Y or Z.

PPC: PCM (Parking Control Management)
Property Management: Gateway Property Management
Date: 27/06/2018
Where: London - Underground car park directly below flat, that is secured with an electric roll down gate, which requires a key fob to open

Background Information

The parking space in which the vehicle received a PCN is solely that of anyone in my flat in which to park. I have been renting property since Jan 2017. A key fob to enter the underground parking was provided by my private landlord, as was a 'Permit' to park in the space. The driver of the vehicle at the time neglected to display said permit and was subsequently issued with a PCN.

From reading various threads and posts in the forum and doing my own research I understand that PCM are no longer registered with the BPA (does this mean they can longer get keeper details from the DVLA?), but are registered with the IPC.

Various posts on here state to ignore PCM, however a couple of years ago my landlord did just that and as he had a lease car, the firm his company used failed to forward him any letters from PCM. He subsequently received a CCJ, so not overly confident that this is the best thing to do.

The PCM website has an appeals section, in which the form has various boxes that are required with a '*' in order to submit the form, things like address and post code. However based on what is written above about them unable to get details from the DVLA, should I just enter 'N/A' into any box as I see fit, so they have as little info on me as possible?

To add to this, I am not the keeper of the vehicle, my father is, but I don't want this to be his burden and wish to appeal/fight this alone. How do you recommend going about this so I have sole control?

Regarding my tenancy agreement, the lease contract was via Open Rent and there is nothing about parking in this. There is a section about 'Quiet enjoyment of the property', though this relates to the landlord not preventing that from occurring. I have photos of the key fob and permit in my inventory, though nothing explicit in my tenancy agreement.
To add to this, I know that my private landlord bought the property leasehold, though I don't have a copy of his agreement...and it wouldn't be fair to drag him into this.

I will be leaving this property at the end of the month, so my address will then change from 'London' to 'Brighton,'and subsequently any correspondence will take extra long to be forwarded to me (so should I give this property address (assuming I should even disclose)) or my parents one who I will be staying with temporarily? (doubt they will want to have their address sent to these shysters).

Next Step

My question now is what is the next best step to take to appeal the PCN given the info provided above?

Apologies for the long winded post, however I wanted to cover all bases. Do please ask any questions - I would be very grateful for any input!

Many Thanks In Advance

System

Were PCM in place when you started renting?

What conditions are there in your rental agreement with regards to parking?

When you got the permit, what conditions did you agree to and did you sign anything.

The issue you need to work out is which of the various contracts you could have agreed to, is the relevant one.

The PCM's signs can only have effect if they are given effect by a contract - so which is it?

Umkomaas

IPC membership gets PCM the same DVLA access as a BPA member.

The_Deep

Some reading

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

https://www.parkingcowboys.co.uk/residential-parking/

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

Le_Kirk

How did you receive the PCN, was it windscreen or post? If post and you are not registered keeper, how did they find the name and address of the driver? If windscreen (Notice to Driver), how did they gain access to the underground car park - trespass?

Feedback_2018

IamEmanresu wrote: »

Were PCM in place when you started renting?

What conditions are there in your rental agreement with regards to parking?

When you got the permit, what conditions did you agree to and did you sign anything.

The issue you need to work out is which of the various contracts you could have agreed to, is the relevant one.

The PCM's signs can only have effect if they are given effect by a contract - so which is it?

Thank you for your response - PCM were in place when I started renting. There is nothing in my rental agreement about parking. When the landlord gave me the permit there were no agreed conditions, nor did I sign anything.

It was more ... ‘This is your permit for parking and your key fob to open the security gate’

Feedback_2018

Le_Kirk wrote: »

How did you receive the PCN, was it windscreen or post? If post and you are not registered keeper, how did they find the name and address of the driver? If windscreen (Notice to Driver), how did they gain access to the underground car park - trespass?

Thank you for your response also. The PCN was on the car windscreen, the time given was about 6am I think. I don’t know how they gained access to the car park, though going on the various responses on other threads, I am led to assume that they were trespassing as the land is private land.

System

If PCM were at the development then you knew or ought to have known the rules for using the space. As such they would have issued the charge correctly.

What will be at issue will be whether there is a legitimate reason for them to continue IF they knew or ought to have known the person to whom they issued the charge was a valid permit holder for the space. Bring the permit holder in the space to their attention. They will reject but keep pointing it out to them at all stages.

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

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.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Guys_Dad

Let us assume that the PPC has a valid contract with the Managing agent. So what it comes down to is whether or not you have an unconditional right to park without a permit on display.

That, unfortunately, comes back to what the lease says, not your tenancy agreement. If the lease has anything in it mentioning parking agreement, permits and a PPC, then it does not matter if your tenancy agreement has a reference to that or not as you would be in breach of the lease. In which case you would have a legal suit with your landlord

So, you need sight of the lease your landlord has.