PCN - Parking Management Limited (UK)

bergkamp10

So received this PCN. Any advice what should be my first step? I have not yet responded to them.

KeithP

As you know, there is plenty of guidance in the NEWBIES thread.

Is this a hired or leased vehicle?

bergkamp10

Will check again. I only went throught the newbies thread in February to get some info for my friends court claim but I'll check it out again for the PCN stage.

Yes it was a hired vehicle.

KeithP

bergkamp10 said:

Yes it was a hired vehicle.

Then your template appeal is towards the bottom of the first post of the NEWBIES thread.

This will be easily winnable, maybe not at initial appeal stage, as long as the driver's identity isn't revealed.

Fruitcake

As already mentioned, do not reveal the driver's identity. Only ever refer to The Driver, and the Hirer or Lessee. 
Do not say things like, I parked, I drove, I didn't see any signs, not even on here.

You should also tell the hire company, in writing, that now they are no longer liable, having transferred liability to the hirer, you are now dealing with this and they (the hire company) must not pay the charge and deduct payment from you.

D_P_Dance

Have you complained to your MP?

bergkamp10

Fruitcake said:

As already mentioned, do not reveal the driver's identity. Only ever refer to The Driver, and the Hirer or Lessee. 
Do not say things like, I parked, I drove, I didn't see any signs, not even on here.

You should also tell the hire company, in writing, that now they are no longer liable, having transferred liability to the hirer, you are now dealing with this and they (the hire company) must not pay the charge and deduct payment from you.

Thanks. Won't mention anything of the sort. That said, can the hire company even get involved at this stage? I'd assume that as the liability was transferred then they'd stay out of it as usually otherwise they pay without a transfer and charge the person who hired the vehicle.

D_P_Dance said:

Have you complained to your MP?

I have not, no.

bergkamp10

So, just received a response from PCM and they've rejected the appeal I sent them using the templates I got in here 

They add that although I have chosen to not name the driver they are allowed to go after the keeper and that they will work on the assumption that they believe I am the driver. They also go in to say that according to Elliot vs Loake that absent sufficient evidence to the contrary, the keeper is assumed to be the driver.

Additionally they've said they are not part of BPA so can not go through POPLA appeals but that they are past of IPC who have their own independent appeal system.

They have given me 21 days from this rejection to submit an appeal to IAS.

KeithP

No surprise there.
Read again my post of 23 March at 11:54PM.

You did send them the Edna Basher hirer's template appeal, didn't you?

Coupon-mad

But you know/were expecting all this and know what to do (because we already told you, to stop us having to repeat it or read about the daft, inevitable and tedious rejection...we were trying to pre-empt you posting telling us...yawn...that the parking firm had  - shock, horror! rejected the first appeal that they always reject...).  

bergkamp10 said:

Yes it was a hired vehicle.

KeithP said:
Then your template appeal is towards the bottom of the first post of the NEWBIES thread.

This will be easily winnable, maybe not at initial appeal stage, as long as the driver's identity isn't revealed.

bergkamp10

Ok so I've ignored the rejection as per the newbies thread as the appeal would be with IAS and that should not be done. I considered the possibility of using the template in the newbies thread regarding IAS sending NTK to hire firm then to hirer but the following paragraph said if it fails they may use this in court. Not sure if I should have done it or not but as the 21 day deadline is approaching I thought I should ask.

Meanwhile I have received another letter from them today saying I have to pay £100 as I did not respond to their rejection and it has been 14 days.