parking notice PCM (UK) Ltd

FallenOne

Hi all,

Hoping you can help with this one. I received a parking notice some time ago from PCM (UK) Ltd for not being parked with a permit. I had gone to a work event and parked in an area which wasn't directly at the event's premises but they did issue permits for another area in which I could park. This area is not owned by PCM but just managed by them (supposedly). In their pictures they claimed I did not have a permit however all they have done is take pictures over a period of less than 5 minutes to make this point when actually if they had taken pictures later they would have known I had a permit. I am sure they were acting in a predatory manner because it has been noted by the events place (in email) this has occurred frequently in the past where they wait for drivers to step out the car and take pictures. And speaking to enough colleagues they did observe a person hanging around outside who said we could park there and probably turned out to be the parking attendant. I do not have the permit anymore because it had served its purpose on the day and wouldn't have thought I should be expected to hold it nearly 40 days on from the event (though in their letter they claim they sent a notice to keeper which I never got and nor did any of my colleagues).

I made a first challenge and in doing so admitted I was the driver (though I believe I have a case). I did not bother appealing to the IAS after reading they are hardly independent. I am now in the debt collectors stage and have received their 2nd letter (final demand) and thought now would be a good time to start a thread as I could be getting close to a court claim. I am a pessimist and will assume I will be taken to court so thought to start a little early. The landowners were totally unhelpful and literally just communicated to PCM about the charge so I cannot expect support from them however the events company is willing to help in writing a statement. I have the 'keeper liability notice' letter with me but need to get rid of the personal info so will not upload it yet (if it would help this thread). I have some questions surrounding court:

1) How much is the MAX I can be expected to pay given the charge was originally £100. It is at £160 now but I have read this £60 debt collector part can be argued away. It would be good to have the defence wording ready on this.
2) Is it possible for me to see the claimant's hand and the evidence they plan to use without them knowing how I plan to defend? This will be quite significant if it is the case.
3) How should a witness statement be written? I have correspondence by email at the moment and some is certainly favourable. Is this sufficient? I wasn't sure if paper writing can be considered as sufficient especially because emails show the company's email which I thought is better.
4) I plan to use signage as a defence sighting that their letter claims that 'terms and conditions are clearly stipulated by signage posted throughout the area' but yet the claimant company only have one picture in the evidence. The strange thing is the picture is unclear online (even where it says click to enlarge, it just enlarges into a small box) but if the picture is 'saved as' then it looks clearer, though still not 100% completely legible especially the smaller terms and conditions. Is this a possible use for defence? I plan to use their own evidence against them rather than try and go back and take pictures as they may just counter and say I took some unclear pictures.

I know it is a long message but thought it would be helpful to make the situation clear for you all so I know how to proceed. I just hope there is a chance of me defending this should a claim arise.

Quentin

The debt collectors stage is Too soon for a thread!

You can learn about court claims in the FAQ

See #2 there

The_Deep

4) I plan to use signage as a defence

Have you seen this?

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

FallenOne

ok noted. I will wait. I expect some sort of letter this week as the debt collector's letter mentioned payment within 7 days last week. not sure what the next letter will mention but let's see.

Coupon-mad

How much is the MAX I can be expected to pay given the charge was originally £100. It is at £160 now but I have read this £60 debt collector part can be argued away. It would be good to have the defence wording ready on this.

That's why the NEWBIES thread post #2 gives example defences with that in.

FallenOne

2 more debt recovery letters... in this most recent one it mentions the last chance 'pre-action protocol' giving me another 14 days to settle. how long does this go on? am i near the claims stage? i wish they would just get on with it.

Quentin

You just ignore the debt collectors letters

They are wasting their own time and money sending them

Don't waste a moment of yours on them

The ppcs have 6 years to start legal proceedings against you