PCM PCN BP Binley Coventry - advice requested

CovOne

Hello all,

I have just posted on a thread from last year regarding a BP garage in Binley Coventry and a PCN from PCM. 

Link to that thread is here 

https://forums.moneysavingexpert.com/discussion/6259169/bp-forecourt-pcn#latest

I have been advised creating a new thread may be more beneficial. 

Recieved the attached PCN. 

Regarding the parking. The car parked, person went and bought items from the BP garage and placed that stuff in the car and ran over to McDonals to use the toilets. Came back the parked car and left. 

Presume the line which say "parking for patrons whilst on the premises only" is what they will say is the parking breach despite being a patron and buying something up to the point someone is said to have ran over to use the toilet in McDonalds. 

Any advice on any grounds for appeal? 

Thanks 

KeithP

Without giving any clues to the driver's identity, the keeper of the vehicle should send the blue text template appeal, easily found in the opening post of the NEWBIES thread, to Parking Control Management (UK) Ltd.

You should also review your use of the word 'I' in your opening post.
The parking companies read this forum and are just waiting for people to trip themselves up. A keeper has much more protection in law than a known driver.

Umkomaas

The NEWBIES FAQ Announcement, first post, explains how you start to tackle this. 

Additionally, go to the PCMUK website, as if to pay the PCN (obviously don't!), where you should be able to view all the photos they hold relating to this parking event. See whether they have images of anyone 'leaving the site'. 

CovOne

Thanks both. Will check the above out. 

CovOne

Just to update one of the photos to the right of the letter is a picture of a person presumably running back through the fence after going to the toilet

KeithP

CovOne said:

Just to update one of the photos to the right of the letter is a picture of a person presumably running to go to the toilet through the boundary fence.

But is there any way that 'person' can be deemed to be the driver of the vehicle?

A driver leaving the site is notoriously difficult for a parking company to prove. They usually fail.

CovOne

The images show the person coming back through the fence and getting in to the car. Pretty clear. Obviously what they don't show is that person going in to the BP and buying the goods and putting them in to the car. Total time off site was 4 mins according to their time stamped images 

CovOne

Has this screenshot on there 

Coupon-mad

Ignore it, except if you move house in 6 years.  You must never leave a PPC with an old address in their database so be all over this if you move home.

Otherwise, collect the demands in a drawer marked 'scam' and only take seriously a Letter before/of Claim, or an actual small claim, if they bother.

Not even worth trying this one at IAS.

PCM don't litigate over all their single PCNs and if they did, you could then defend it on predatory ticketing with no grace period and non-prominent signs on an inconspicuous side wall and a ticketer lurking deliberately.

Read the toothbrush case:

https://nebula.wsimg.com/e3da92cb966c72de63ec1f98605c2954?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

You won't get a fair appeal hearing so don't bother with IAS.  Judges are far better.

Having said that, doing an initial appeal to set out your case and attaching that VCS v Ibbotsen transcript should be done because you can also forbid PCM from sharing your data with some trumped up aggressive debt recovery agent and remind them that in February 2022, the Govt has banned the fake added £70 fee and the overly-aggressive letters so they should put up or shut up.

CovOne

Hello again,

Appealed using the template blue letter.

Received the rejected appeal today.

States

"The vehicle was parked in a manner which contravenes the terms and conditions for use of the private land on which it was photographed. 

On this occasion the vehicle was parked in an area strictly reserved for patrons of the garage whilst on site at all times. The advertised terms make it clear that drivers, whilst parked, must remain on the premises at all times. It should be noted that this is regardless of whether the individual utilises the garage services either before or after leaving the site.

By leaving the site one relinquishes their patron status and a charge may be issues, in line with signage. Our operative notes state the driver parked the vehicle then left the forecourt to go to Mcdonalds (they didn't they went in to the garage, bought several items, walked back to the car and put them passengers side seat) this is not permitted. No vehicles can be left unattended in the forecourt regardless of the circumstance."

Options pay 

Or appeal through the IAS

Thanks for the comments so far to this point guys. 

Coupon-mad

No need for more advice - my post above yours already anticipated that and the advice hasn't changed.