PCN - permit fell down - spoke with operative

AlCapwn

Hello

My car was parked with a permit and unfortunately it fell into the passenger footwell at some point overnight. In the morning I saw the operative from PCM and spoke to him. He said he made a note that I showed him the permit but I would have to appeal since he had already printed the PCN.

I read in the Newbies thread it is advised to wait for NtK for IPC members. But I am wondering if I should chance it here and reply before this (responding as the keeper of course)? I really don't want to drag it out longer than necessary. Want to avoid the hassle of court, etc, and obviously I don't want to pay £60.

Has anyone had any luck under these circumstances?

Coupon-mad

Has anyone had any luck under these circumstances?

Absolutely NEVER in 15-odd years since I've been doing this.  He lied. He could have cancelled the parking charge. Nothing will stop this.

The PCM ticketer will not have made any note of anything. You can tell when a private parking employee is lying when you see their lips move. You know PCM are ex-clampers who were on Watchdog?

No appeal will work and you will be sued and have to defend it in court.

You really need to get together with the other residents and remove PCM. Firms like this blight lives and blight property.

I would never encourage my adult/student 'kids' to rent or buy a flat where PCM or any ex-clamper infests. Due to what I do, they know that not even non drivers should live in places ruined by parking firms, as you can't safely have visitors either. The signs alone would stop my family even viewing any property at any site with a thug PPC.

None of the residents need a permit scheme. It exists purely to extort money from you all. This is no way to live.

Half_way

Why do you need a permit?

Is this your own space?

why would you need a permit to do something you may already be permitted to do ?

AlCapwn

Hi, thanks for responding. 

The bay is rented from landlord and permit is used to show car is authorised to be parked there. I don't have any ownership of the bay/land - both myself and the landlord can terminate this arrangement with sufficient notice.

Interesting in their pictures they show the footwell but not completely and not where the permit was.

There was no permit scheme in place for about 2 years and unfortunately people took advantage - parking in other people's bays, storing cars for days, parking unsafely and blocking the road. So they bought a scheme back in again.

Half_way

If the scheme is operating for the residents, then as a resident this should be cancelled immediately.

 

Please check your renatla/lease documents to see what if anything they say about parking / spaces, this should be high up on the priority list. It doesn't matter what any permit may say, or what any signs may say the key here is the lease/rental documents

Coupon-mad

There was no permit scheme in place for about 2 years and unfortunately people took advantage - parking in other people's bays, storing cars for days, parking unsafely and blocking the road. So they bought a scheme back in again.

But why? That doesn't solve any issues and creates a far worse living environment.

Did no-one question that maybe (just maybe) the PARKING FIRM employees did that - or even paid/induced residents to stage it? Are residents that easily taken in that they didn't suspect that conduct of known rogue ex-clampers?

They were removed. What might a rogue ex-clamper thug firm do about that?

Stage a problem = get reinstated.  Fool everyone.

IMHO, you should have asked and insisted (and still can) that your landlord opted this bay OUT.

You can't live like this under constant threat of litigation and financial loss, as well as inflicting the same risk on all your visitors. You absolutely do not need a 'permit scheme'.

KeithP

AlCapwn said:

The bay is rented from landlord and permit is used to show car is authorised to be parked there. I don't have any ownership of the bay/land - both myself and the landlord can terminate this arrangement with sufficient notice.

Then what is PCM offering you that you do not already have?

It appears that PCM are offering you a contract to park - read the signs.
But you already have a contract to park there. 
Therefore you do not need to enter into another contract that is offering you nothing of any value.

Mouse007

KeithP said:

Therefore you do not need to enter into another contract that is offering you nothing of any value.

Technically you can not have entered into a new contract because there was no consideration. For a contract there must be an offer, acceptance of that offer and consideration must pass both ways.

When you buy something goods are exchanged for money - a contract.

They were not offering anything which you did not already have, the right to park. It follows that they gave you no consideration. There can be no contract full stop.

Study this http://parking-prankster.blogspot.com/2016/11/residential-parking.html

Mouse007

AlCapwn said:

There was no permit scheme in place for about 2 years and unfortunately people took advantage - parking in other people's bays, storing cars for days, parking unsafely and blocking the road. So they bought a scheme back in again.

Implies you did not agree to a variation in your lease, it was imposed upon you. If so that is a breach of your contract and you can sue for derogation from grant.

AlCapwn

The property is also rented so I have a tenancy agreement and not a lease. The bay is under a separate agreement and the tenancy doesn't guarantee any parking bay allocation.

I'll check out the Parking Prankster information

Fruitcake

But does the tenancy agreement/parking agreement make any mention of a permit scheme, parking companies, PCNs, paying PCNs, and court claims?

What an agreement doesn't say is just as important as what it does say.