SUCCESS!! -- PCN on Private Land (PCM UK Ltd)

unicornpower

Hi All,

Apologies for any grievance but I have read through the newbie thread and am still confused about how to appeal this PCN on behalf of my friend.

• A friend of mine parked to visit me at the below private property (office space) on the 3rd June 2022 (bank holiday). At time of entry (around 1pm) there was no parking attendant, he went back several times throughout his stay to look for parking attendant to pay and display, but the parking attendant booth was empty. He assumed the parking rules were not enforced that day as it was a public holiday and no parking attendant was around, thus he stayed longer than the stated max 2 hours on the signage (otherwise he would have moved the vehicle). At 4.35pm, he was issued the below PCN.
  
  
• My friend was parked correctly in one of the visitor bays and not taking up any of the permit bays.
  
  
• My friend is the driver but not the keeper of the vehicle. 
  
  
• Parking Control Management (UK) is a member of IPC.

Would you advise that I should contact the landowner and building management re: this first and then wait for a response before appealing to PCM (have heard their appeals process is a farce)? If I appeal on his behalf, would you advise admitting he was the driver? Below is the template I was planning to send:

Dear Sir/ Madam,

I am writing to formally challenge the above Parking Charge Notice. 

On 3rd June 2022 at 4.35pm, my friend's vehicle was issued with a Parking Charge Notice at the [parking address] for the reason “Parked without clearly displaying a valid PCM UK Ltd (at time of enforcement)".

My challenge is on the basis that there was no breach of your company's parking terms. The 3rd June was a public bank holiday and there was no presence of parking attendant in the Parking Attendant booth during the time of stay despite looking for one several times. Therefore, if there was no parking attendant to allow us to pay for the visit, we were lead to believe that the rules were in suspension during this day.

For this reason, I look forward to receiving notification that the Parking Charge Notice has been cancelled. 

Any advice would be greatly appreciated and I hope there is a case here, thank you so much. 

Le_Kirk

You cannot appeal on behalf of someone else; you can of course help them but it must be done in their name.  You read the NEWBIE sticky but did you miss the appeal written in blue text?  Have you complained (Plan A) to the building owners, assuming you work there and gave permission for your friend to park there and you have authority so to do?

unicornpower

Le_Kirk said:

You cannot appeal on behalf of someone else; you can of course help them but it must be done in their name.  You read the NEWBIE sticky but did you miss the appeal written in blue text?  Have you complained (Plan A) to the building owners, assuming you work there and gave permission for your friend to park there and you have authority so to do?

Hi, thanks for confirming, I'll make sure to write it in their name. I did see the appeal in the blue text, but wasn't sure if it applied as he isn't the keeper of the vehicle? Of which of the below should I amend?

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

I have not complained to the building owners yet, I just needed some advice from here whether what I had written was suitable in order for it to get rescinded. I do work in the building and I gave him permission to park in the marked visitor bays in the front.

KeithP

Did you read in the NEWBIES thread that in the case where a windscreen ticket is issued, then sending an appeal should be delayed?

unicornpower

KeithP said:

Did you read in the NEWBIES thread that in the case where a windscreen ticket is issued, then sending an appeal should be delayed?

I did, but I wasn't sure if that is for the parking management that are enforcing the fine. Hence why I was going to write to the landowner first.

Further down the NEWBIE page it says I should do PLAN A and get it cancelled by the landowner within the 14 days, did I read that right?

Coupon-mad

14 days means nothing at all. The NEWBIES thread says that too.

Driver isn't the keeper because it's a lease/hire car? Or family keeper?

unicornpower

Coupon-mad said:

14 days means nothing at all. The NEWBIES thread says that too.

Driver isn't the keeper because it's a lease/hire car? Or family keeper?

It's the driver's friend's car. He's maintaining it while she's away as she's been out of the country.

Umkomaas

You cannot appeal on behalf of a friend who was the driver, but not the registered keeper. The keeper needs to deal with it. You are third removed. 

The appeal must be made by the keeper - you can do it on their behalf in their name (not yours!) - but keep the driver out of it. This has all the potential to end badly.  Why isn't the keeper involved at this stage?  Are they aware of the PCN?

Note specifically what @KeithP tells you. 

KeithP said:

Did you read in the NEWBIES thread that in the case where a windscreen ticket is issued, then sending an appeal should be delayed?

unicornpower

Umkomaas said:

You cannot appeal on behalf of a friend who was the driver, but not the registered keeper. The keeper needs to deal with it. You are third removed. 

The appeal must be made by the keeper - you can do it on their behalf in their name (not yours!) - but keep the driver out of it. This has all the potential to end badly.  Why isn't the keeper involved at this stage?  Are they aware of the PCN?

Note specifically what @KeithP tells you. 

KeithP said:

Did you read in the NEWBIES thread that in the case where a windscreen ticket is issued, then sending an appeal should be delayed?

Noted on the above. I think the keeper is unaware of the PCN. Driver wants to appeal to landowner without involving keeper at this stage. 

I'm confused because it says PLAN A is to appeal to landowner and then ONLY resort to Plan B and follow NTK?

KeithP

unicornpower said:

Umkomaas said:

You cannot appeal on behalf of a friend who was the driver, but not the registered keeper. The keeper needs to deal with it. You are third removed. 

The appeal must be made by the keeper - you can do it on their behalf in their name (not yours!) - but keep the driver out of it. This has all the potential to end badly.  Why isn't the keeper involved at this stage?  Are they aware of the PCN?

Note specifically what @KeithP tells you. 

KeithP said:

Did you read in the NEWBIES thread that in the case where a windscreen ticket is issued, then sending an appeal should be delayed?

Driver wants to appeal to landowner without involving keeper at this stage. 

Is the driver aware that the keeper could have far more protection in law than an admitted driver?

Coupon-mad

It's not an 'appeal' to the landowner.