What do you guys think of this private PCN charge? Do I have a case?

Mouthwater91

Hello guys!

I live in a Private London development (building still ongoing) that recently had contracted a private parking enforcer to issue tickets on its behalf. I would first like to mention that this is a car-free development; (no car parking for residents) so the majority of people was parking in convenient spots in the area (no longer than 5 hours) to get what they need from their home and move their cars before the enforcement agency was contracted.

On day one of the contract; the parking enforcer decided to swiftly issue tickets left and right and the development put up anti-parking signs all over the area but in one spot it was difficult to see the sign (at night especially) therefore, I thought I could park there for a bit. In this incident, I was not aware of the sign. That is where I parked on one night 2 months ago and found a ticket on my dash after I came outside to drive my car to its usual spot away from my address.

I have been sent an additional letter so far with an increase in the sum (currently £100) threatening me to pay up.

What shall I do? Do I have a case? They have also got the colour of my car wrong. Can I also use this as a technicality?

I have some pics for you guys to also see but I can't post links on this site as I have tried.

Company: Parking Control Management (PCM) - they are IPC credited

Any input is appreciated guys!!

MothballsWallet

Have you read the NEWBIES sticky thread at the top of this board? That answers the vast majority of questions people have (and is why Coupon-Mad, aka C-M, wrote it).

IPC members use the IAS for appeals, and we reckon that's not worth using, so wait them out and see if they issue a court claim (ignore any debt collector letters that come through) and they have up to 6 years to file the court claim.

The £100 demand letter sounds like it's from a debt collector, so you'd ignore it, we've got a 99% chance of getting you a 100% discount if you follow our advice if it gets to court.

If you can post the links with "http" changed to "hxxp", one of us regulars can repost them as working.

Can you tell us who send the £100 demand letter and do you rent? (If so, what does your lease say about parking? This takes precedence.)

Try a forum search for cases similar to yours, making sure to select "posts" instead of "threads" - there may be others who've had a similar issue, but possibly a different location, and you may be able to use their wordings in a defence, if PCM go as far as court.

Coupon-mad

Do I have a case?

There is no appeal worth trying but yes, at court stage. We win 99% of them and PCM are rogues - exposed by Watchdog - and not the brightest claimants.

They have also got the colour of my car wrong. Can I also use this as a technicality?

No.

Please read the NEWBIES thread and prepare for the long haul.

Why not also search & read other PCM threads, all won at court? No risk to you.

Mouthwater91

"The £100 demand letter sounds like it's from a debt collector, so you'd ignore it, we've got a 99% chance of getting you a 100% discount if you follow our advice if it gets to court."

I am so sorry for the late reply; I have not gotten a notification from MSE. I have submitted the images below, what do you think? I will definitely make sure to read all the posts. I am new to this site and it is kinda confusing at first.

"If you can post the links with "http" changed to "hxxp", one of us regulars can repost them as working."
THE LINKS:
hxxp://ibb.co/ZK5VXJ5
hxxp://ibb.co/CVjQ9XS

"Can you tell us who send the £100 demand letter and do you rent? (If so, what does your lease say about parking? This takes precedence.)"

As far as the lease, I live with my mother who is the main tenant. On the lease documents, it basically outlines that this is a car-free development and no cars are to be allowed on site even though on some lease agreements that is not the case and there is an underground garage for the more wealthy group of residents.

Initially, the £100 demand was from PCM themselves but I have since gotten my first Debt recovery letter from TRACE and the amount has gone up to £160.

I have since sold my vehicle too and not driving currently.

Umkomaas

http://ibb.co/ZK5VXJ5
http://ibb.co/CVjQ9XS

Do you have photos of the actual signs?

the development put up anti-parking signs all over the area

Were these the developer’s own signs? Do you have readable photos of these?

Can we also see PCMUK signs too?

I have since sold my vehicle too and not driving currently.

Of no relevance. You were the keeper at the time of the parking event.

Mouthwater91

"We’re these the developer’s own signs? Do you have readable photos of these?"
No, when PCM got contracted a while ago, they put up the signs.

Just took these today:
hxxp://ibb.co/z2CZMBV
hxxp://ibb.co/ZWttMhN

Thankss

Umkomaas

http://ibb.co/z2CZMBV
http://ibb.co/ZWttMhN

Coupon-mad

The signs don't offer a parking licence to residents; they ban such parking at an time. Read the PCM v Bull case in the Parking Prankster's case law pages.

Mouthwater91

I understand that and I honestly did not see the sign as it was nigh time, usually, the signs are mounted high up on a post on the Island. Should I just pay the £160? Do I have a chance at court? Thanks

KeithP

Mouthwater91 wrote: »

I understand that and I honestly did not see the sign as it was nigh time, usually, the signs are mounted high up on a post on the Island.

As that sign forbids parking, there is no way that it can form the basis of a contract.

It therefore follows that as no contract was in place, a contract could not be breached.

So, the only way the motorist can be challenged is under trespass laws.

Sadly, for the parking company, only the landowner can sue for trespass.

The parking company has no claim.

Mouthwater91 wrote: »

Should I just pay the £160?

No, certainly not.

Mouthwater91 wrote: »

Do I have a chance at court? Thanks

An excellent chance.


Why didn't you follow C-m's suggestion?...

Coupon-mad wrote: »

Read the PCM v Bull case in the Parking Prankster's case law pages.

Mouthwater91

"As that sign forbids parking, there is no way that it can form the basis of a contract"
"It, therefore, follows that as no contract was in place, a contract could not be breached"

So to put it in simple words, my defense should be that I did not sign any sort of parking contract with PCM, therefore, they have no claim unless of course, they are the landowner? and you suggest that is better than using hidden/unclear signage as my defense?

In regards to CM's suggestion, I will read up on that tonight.

Thanks for your input, really appreciate it