Help needed for parking in own space

vpceb2c5e

Hello I am a first time poster but need some advice and help on parking charge notices:

I recently moved into rented accommodation 10th August, 2019.

This flat has a parking space associated with it, and I was shown by the landlord which space to use. The landlord also provided me with a paper parking permit which is to be displayed issued November 2012. The car park also has signage from PCM (Parking Control Management) that is is Private Land and has Terms and Conditions.

I had been displaying the parking permit in my car a BMW 320D, Silver since moving in without issue.

On Tuesday the 27th of August my BMW 320D was involved in a road traffic incident where it was rear ended and significant damage to the bumper and boot was caused. I had minor injury with neck pain. In the crash the parking permit was lost inside the vehicle and the vehicle was then left with BMW for repair.

On Wednesday 28th August I received a courtesy car, a black Mercedes C180 and this car was parked in my allocated space. I had not got a permit on display, I foolishly wrote the permit details on a slip of paper (another parking voucher), thinking that this would be ok and because PCM's customer enquiry line said their office was shut when I parked in the evening.

On Thursday 29th August, I found a PCN issued by PCM for "parking without clearly displaying a valid PCM UK Ltd permit".

I appealed this PCN through their website on the premise that my permit was lost in the crash on my car., permit no. was displayed on a piece of paper however (since I had a photo of it with the details), believing that PCM would see common sense and that I was a victim of circumstance. I supplied a police report (which I had to fill in online), and the rental agreement for the Mercedes C180, and a picture of my permit details written down on paper on the dashboard.

Later, I received a letter back from PCM dated Friday 30/08/2019 stated my appeal had been rejected.

After this I sent a message on PCMs website that I need a new permit as I believe my old one had been lost, but did not receive a reply.

A week later on the Thursday 5th of September I received a second PCN on the courtesy car, black Mercedes C180 reg for "parking without clearly displaying a valid PCM UK Ltd permit".

Later on Thursday 5th of September, I returned the courtesy car and received my repaired BMW 320D. To my surprise I found the original parking permit I was given by the landlord inside and displayed it on the dashboard when parked in my bay.

A week later on the 12th of September I have received a PCN on my BMW 320D, Silver for "Displaying a tampered/copied/unreadable permit hence invalidating the permit". However I believe the permit is original and is not tampered, copied or unreadable. I wouldn't know anyway after only recently moving in, and it looks exactly like all the other permits in my neighbours cars.

Ultimately I have three PCNs from PCM for parking in my allocated bay. I regard the parking space as private land, and through my tenancy and the landlords lease have the right to use the parking space freely. My tenancy agreement does not give any restrictions or conditions for parking, but does not list the bay number either (and their is no bay matching the door number of the flat).

I have spoken to my landlord and he has only recently bought flat/leasehold on this property. The old lease he had from the previous owner did not have any restrictions or conditions for parking however.

I understand that as I was parked in my allocated space, I have the right and free use of this space through my tenancy agreement, and the lease, and this supersedes any terms or conditions implied by PCM and their signage, and I have not signed any contract with PCM. As this is private land there should be no loss or damage incurred from parking in my allocated bay either.

Please, Please, Please can you help me with this. Because I believe PCM are taking advantage of my situation, and the cost is getting higher for their charges.

Coupon-mad

believing that PCM would see common sense

They are notorious ex-clampers, outed as rogue traders on Watchdog:

Then:
https://www.whtimes.co.uk/news/cowboy-clampers-strike-again-in-hatfield-1-12835

Now:
http://parking-prankster.blogspot.com/2015/05/is-it-pcm-uk-who-make-up-stuff-all-time.html

They have no place near your and your neighbours' cars. My niece just moved to a new flat with her family and the first thing I did was give her a strong warning that she lives in a place infested by scammers and to secure her permit permanently on the dashboard of her car and never to leave a visitor without a permit even for a minute.

Horrible to live like this, but you need to wise up. your life will be made a misery by them and sadly your story is not unique:

Ultimately I have three PCNs from PCM for parking in my allocated bay.

The leaseholders should never have agreed to this blight. Move out asap and tell PCM your new address for service, get yourself away.

Please, Please, Please can you help me with this. Because I believe PCM are taking advantage of my situation, and the cost is getting higher for their charges.

We will help. But there is no appeal that works because PCM belong to the dodgier Trade Body with a warped 'independent appeal' system which s NOT WORTH TRYING.

We will help you at court stage so come back when Gladstones send you a LBC. See the NEWBIES thread for what to do, and keep all the letters and PCNs and take a copy of the permit as proof and evidence for your court claim, when you move house to get away from them.

Tell your landlord and the managing agents who allowed PCM to wreck the place, why you are giving notice to leave.

I am not joking, move.

Come back at LBC/court stage and stick around to read other Gladstones/PCM threads. We have a 99% success rate because these PCNs are scams and we know how to help people make sure their Judges are very likely to see it that way.

There is NOTHING else that you can do, no appeal, except to complain to your landlord and the Managing agents (NOT the letting agent). It is the site Managing agents who brought PCM in and this is what the residents should have done at the time:

https://forums.moneysavingexpert.com/discussion/5997200/pcm-company-introduced

Never move to somewhere with a parking firm, it should be on your list of ''no thanks''.

[Deleted User]

Interesting this. The ticket issued to the beemer appears to suggest that they'd taken note of the correspondence supplied when the o/p had the Merc and decided that the permit must be fake.

Ipso facto they had accepted the representation that you were the owner, entitled to a permit and parking a temporary car.

If that is correct the tickets should all be rescinded. Indeed it may be argued there was substantial compliance, not least since on evening #1 the PPC was not open and could not supply a permit.

There are good arguments to fight, I suspect. The real issue is whether you can get the PPC to cave and accept this is doomed to failure.

The_Deep

IMO, if this went to court, they would crash and burn. These companies are not engaged by management companies to harass the occupants, they ca cannot possibly have been affected by the alleged breach of contract. Read these,

https://www.parkingcowboys.co.uk/own-parking-space/

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

Why do you need a permit anyway. Does your lease/AST state that a permit is required to park. If not it will almost certainly take primacy over a scammers so called T&C.

The idea behind primacy of contract is that a contract cannot be unilaterally altered by one party without the permission of the other. In the case of residential parking, the lease is the key document. If this gives the resident the unfettered right to park then this cannot be altered later, for instance by requiring a permit to park.

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

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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