PCM UK Fine for parking in my allocated spot - is it enforceable?

Umkomaas

Here's another link to a Parking Prankster article:

Is it PCM-UK who 'make up stuff all the time'? Watchdog exposes the deceitful appeals practices of one parking company!

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

Fruitcake

RedundantSound said:

Sch 7: Agreements and Declarations.
"10. Acting reasonably at all times the Management Company shall have authority to make and at any time vary such Estate Regulations as it may reasonably think fit for the preservation of the amenities of the estate or for the general convenience of the occupiers of the Dwellings PROVIDED such Estate Regulations are notified to the Tenant and other owners and the Landlord in writing."

Imposing an unregulated private parking company on residents and taking away their existing rights to park and their right to quiet enjoyment is not for the general convenience of the occupiers. It is the exact opposite and therefore breaches the terms of your lease.

Was a ballot of all landlords and tenants carried out in accordance with the Landlord and Tenant Act 1987 before the infestation occurred? You should ask the MA when the ballot took place and what was the result.

The PPC should have checked to see what rights the residents already had. They freely admit they don't know so should never have started operating on the site until they knew.

The existence of the PPC has reduced the value of every property there and will continue to do so until they are booted out. Every resident should complain to the MA and their MP.

RedundantSound

Coupon-mad said:

Why did the residents accept this being foisted on you all?  Certainly don't pay but this is no way to live.

Do you have an allocated bay, or shared parking?

It is an allocated bay as defined in my lease and the land registry.

RedundantSound

Coupon-mad said:

Why did the residents accept this being foisted on you all?  Certainly don't pay but this is no way to live.

Do you have an allocated bay, or shared parking?

I do not believe that any of the residents did. I read through the posts you suggested and I don't think they balloted anybody at all, certainly not me.

It is a new build estate, I moved in early 2020 but a small part of the estate had completed in 2018/2019. I received a letter from PCM in march stating that they had been contracted by the MA to enforce parking.

RedundantSound

Galloglass said:

I also stated that any further attempts to contact me regarding this fine would amount to harassment. They have since sent another notice which I received today stating that the cost had increased as it had not been paid.

It may be better to complain to the ICO about their accessing your details in the DVLA database. PCM are ex-clampers and are well used to ignoring threats especially ones with no teeth. Their business model relies on unfettered access to personal details and that is where any pressure should be brought.

Require them to remove your details from their database since they cannot prove you owe them anything. And keep copies of the correspondence.

I had ignored the ticket on the windscreen, as to be honest life had been really hectic, and didn't have the time to deal with them. I later received a NTK through the post.

I appealed the ticket after the NTK via their online portal, and unfortunately, I didn't save a copy of what I sent to them as I believed it would be emailed to me like almost every other form submitted online. Is there a way to get PCM to provide me with the information I sent when I appealed the ticket?

Have they actually done anything wrong by getting my details from the DVLA, or is it more a matter of complaining because I do not agree that DVLA should have released my details in scenario?

RedundantSound

Fruitcake said:

RedundantSound said:

Sch 7: Agreements and Declarations.
"10. Acting reasonably at all times the Management Company shall have authority to make and at any time vary such Estate Regulations as it may reasonably think fit for the preservation of the amenities of the estate or for the general convenience of the occupiers of the Dwellings PROVIDED such Estate Regulations are notified to the Tenant and other owners and the Landlord in writing."

Imposing an unregulated private parking company on residents and taking away their existing rights to park and their right to quiet enjoyment is not for the general convenience of the occupiers. It is the exact opposite and therefore breaches the terms of your lease.

Was a ballot of all landlords and tenants carried out in accordance with the Landlord and Tenant Act 1987 before the infestation occurred? You should ask the MA when the ballot took place and what was the result.

The PPC should have checked to see what rights the residents already had. They freely admit they don't know so should never have started operating on the site until they knew.

The existence of the PPC has reduced the value of every property there and will continue to do so until they are booted out. Every resident should complain to the MA and their MP.

Thanks.

I do not believe any ballot was ever undertaken. It is a new build estate, I moved in immediately upon the flat being signed off by the developer. I certainly wasn't approached regarding the parking.

A small part of the estate had been completed prior to mine and I think they had been in residence for about a year before me. There are still parks under construction now.

Is there a suggested form of words regarding complaints to the MA and our MP? I am not great at drafting letters.

Galloglass

Have they actually done anything wrong by getting my details from the DVLA, or is it more a matter of complaining because I do not agree that DVLA should have released my details in scenario?

They will claim they have done nothing wrong, but your comments about having a lease, telling them, and them refusing to acknowledge your right to be there indicates a weakness in their processes. Each PPC is audited (supposedly independently) and these weaknesses are what the audits are supposed to find. So you complain to the DVLA about the process and the fact you have asked them to remove the data. You follow up with a complaint to the Information Commissioner. It's 2 letters for you but a hell of a lot of additional work for PCM to check and defend their position with the thought in the back of their mind that this might blow a hole in their access. 

Just give them something to work on - and keep the paperwork. If you get nonsense back then escalate which you can do with both the DVLA and the ICO. And more work for PCM.

Umkomaas

RedundantSound said:

Galloglass said:

I also stated that any further attempts to contact me regarding this fine would amount to harassment. They have since sent another notice which I received today stating that the cost had increased as it had not been paid.

It may be better to complain to the ICO about their accessing your details in the DVLA database. PCM are ex-clampers and are well used to ignoring threats especially ones with no teeth. Their business model relies on unfettered access to personal details and that is where any pressure should be brought.

Require them to remove your details from their database since they cannot prove you owe them anything. And keep copies of the correspondence.

I had ignored the ticket on the windscreen, as to be honest life had been really hectic, and didn't have the time to deal with them. I later received a NTK through the post.

I appealed the ticket after the NTK via their online portal, and unfortunately, I didn't save a copy of what I sent to them as I believed it would be emailed to me like almost every other form submitted online. 

1. Is there a way to get PCM to provide me with the information I sent when I appealed the ticket?

2. Have they actually done anything wrong by getting my details from the DVLA, or is it more a matter of complaining because I do not agree that DVLA should have released my details in scenario?

1. Send the a SAR - see NEWBIES FAQ Announcement, second post, for link to a template to use. 

2. Nothing wrong by the PPC or the DVLA - standard stuff. 

Coupon-mad

Coupon-mad said:

Read the thread on page 2 right now, by 

_IH8_UKCPM_

And read this:
https://forums.moneysavingexpert.com/discussion/5997200/pcm-company-introduced/p1

Tell useless ex-clampers PCM to get stuffed.

But don't pay PCM!

Residents should have done the above in March, not just accepted bullyboy ex-clampers like PCM being foisted on you all.  None of you have to display stupid permits and no-one should have accepted the risk of paying £100 per day!

You should immediately tell the MA you do not accept any authority or regime imposed by notorious ex-clampers PCM, and opt your bay out (if you have a private landlord you may have to ask them to opt the bay out and copy you into the email).

Ask the MA to damn well cancel the rogue PCN and remove your allocated bay from this unwanted and unsolicited PCM-money-making 'enforcement' IMMEDIATELY (and don't do this by phone).

Half_way

Coupon-mad said:

Coupon-mad said:

Read the thread on page 2 right now, by 

_IH8_UKCPM_

And read this:
https://forums.moneysavingexpert.com/discussion/5997200/pcm-company-introduced/p1

Tell useless ex-clampers PCM to get stuffed.

But don't pay PCM!

Residents should have done the above in March, not just accepted thug ex-clampers like PCM being foisted on you all.  None of you have to display stupid permits and no-one should have accepted the risk of paying £100 per day!

You should immediately tell the MA you do not accept any authority or regime imposed by notorious ex-clampers PCM, and opt your bay out (if you have a private landlord you may have to ask them to opt the bay out and copy you into the email).

Ask the MA to damn well cancel the rogue PCN and remove your allocated bay from this unwanted and unsolicited PCM-money-making'enforcement' IMMEDIATELY (and don't do this by phone).

The advice above is key, its realy important that you let all parties know you object and do not agree to this situation .

 Make sure that the MA know that they are liable for the acitons of their agents, as as such t is the management companys problem to get rid of.

Do not pay

Do not accept mealy mouthed rubbish from the MA along the lines of you need to appeal this with the parking company.

 No P's No Q's just be blunt and straight to the point