PCM (UK) PCN at my residence. Two letters received, both after appeal time expired.

GrinFandango

Hi, 

New to this forum. I have read the Newbies section, somewhat late since my appeal was rejected. 

The place I have recently moved into is a large apartment complex within an industrial estate in North London. The property grounds and roads are monitored by PCM and considered private land. There is a process to gain permission to temporarily park on the grounds if moving in. The process is laborious and after various attempts, we couldn't get through their busy lines. 

Over the weekend, we parked the car outside my building in an unmarked area, away from the road. It did not impact traffic flow. We took some things to our 12th floor apartment and as we got back down, we were welcomed by a PCN. 

Unfortunately, I mistakenly assumed there are decent people manning their appeals process. I admitted to being the driver and owner, and presented our case. I also explained how we failed despite repeated attempts at getting a permit to park due to their service being inaccessible. They went quiet and I reassured myself that the appeal had been accepted. 

A month later I received two letters the same day. The first was a response to my appeal where they rejected it, and another letter stating the appeals process to IPC. Both letters were backdated and appeal eligibility had expired the day I received them. 

I went back to their portal to send another appeal, but the records were not accessible. I went on IPC website, records weren't accessible. Then I started receiving daily Texts and emails from TRACE GROUP.

As per forum advice, I have not engaged with the TRACE group at all. 

Advice would help. 

Thanks
 

KeithP

@GrinFandango, your best bet is to get this thread moved to the Parking tickets board.

Perhaps the easiest way to make that happen, is to simply hit the Report button -  - below your post and ask for the thread to be moved.

Coupon-mad

Ok it has been moved here now.

Same advice as here:

https://forums.moneysavingexpert.com/discussion/6420641/private-road-no-stopping-enforcement#latest
 

Ignore Trace, obviously!

GrinFandango

Just received an LBC from Gladstones on PCNs issued 2022. They have combined four PCNs into one case. 

I have responded with the standard template from Newbies Forum addressed to litigation@gladstonesolicitors.co.uk. 

Starting a tread to prepare for my court claim. No received a claim yet.

Background 

On our residential grounds, there is no indication of rules to load/unload. On further enquiry, one needs an unloading permit requested over a "permits line". This line was perpetually busy and it was impossible to connect. It was also unclear where and how one could unload, considering all road-markings were double-yellow or unmarked paths and spaces.

My pregnant wife could't help, so to save my back, I found an unloading space next to the elevators. This was the only non-double yellow, non-parking bay space close to our elevators to unload. 

We received a PCN each time we unloaded, stating we had parked in an un-marked bay. The attendants would magically appear within 5 mins of leaving the car while we unloaded items to our 12th floor apartment (later we discovered PCM had hired residents in the building). 

One weekend, when our furniture was being delivered, we received three PCNs, and one envelope slapped on the windshield blocking drivers view without any PCN in it. It felt like we were being harassed. 

This was reported to our landlords' management company. Consequently, PCM (UK)'s contract was terminated and a new company was contracted. Despite having a changeover of signage, PCM (UK) continued to issue PCNs to residents on the ground.  

When we thought our problems with PCM had reached its natural end, we are now being "Gladstoned".

My frustration with Gladstones and PCM (UK) has reached a new high. 

Do advise what I should read and how to approach the claim.

Thanks

Coupon-mad

Just as shown in the NEWBIES thread really.

  

GrinFandango

Thanks Coupon_Mad. 

I can't seen to find anything about cases where there's an allegation of harassment from a parking warden.

Photos from the PCN, taken by the warden, show envelopes stuck across the windshield, with one empty envelope glued on exactly where the driver looks out.

It was a nightmare getting the glue off and my car had permanent marks situated in the drivers view that impacted clarity while driving, especially at night and when it rained.

As the cost of windshield repair/replacement was too high, I sold the car at a price lower than market value to cover the buyer's repair expenses. It was all very disappointing and inconvenient.

My question is, are PCM (UK) liable for damage caused by the actions of their warden (by placement of stickers in my case) on my car? If yes, how could or should one approach it?

Any guidance is appreciated.

Thanks

Coupon-mad

I can't seen to find anything about cases where there's an allegation of harassment from a parking warden.

No need to look for something case-specific like that.  Nothing specific is needed.  I just meant: prepare by reading the NEWBIES thread to learn what happens when, in cases where a claim form arrives.

You will have no grounds to counterclaim for windscreen damage unless you can prove it.

GrinFandango

Thanks Coupon_Mad

It would be helpful if you could also weigh in on the burden of evidence usually expected to substantiate such a counterclaim, besides before and after photos? 

Coupon-mad

It would be your burden to prove actual loss.  I'm not a lawyer though. Counterclaims are rare in these cases.

GrinFandango

Hi @Coupon-mad and @KeithP,

Thank you for your ongoing guidance (sans legal advice) on the matter below.

Received a Claim Form from Civil National Business Centre - 

Issue Date 18 Apr 2024

AOS done online - 30 Apr 2024

Last day to submit Defense - 20 May 2024 (33 days from issue date, including weekends and bank holidays)

I would appreciate your views on the following

1. PCM response to my SAR is missing details.

Claim is for PCNs issued against two cars. PCM have omitted details pertaining to the other car, despite having used your template for SAR which requests all information pertaining to me as the Subject.

2. I want to ensure this is the only claim on all matters relating to PCNs issued by PCM. 

I read somewhere how there is a way to do this legally, a particular clause in the defense. Can you help with that? PCM have been replaced by another company. I want all matters pertaining to PCM-issued PCNs to end during this hearing.

3. The Claims by Parking Control Management (UK)

Claims are for 3 consecutive days for "parking in an unmarked bay" and one which was omitted in my SAR which is for "parking without a valid permit" issued a month earlier.

4. My evidence against PCM

a - Email exchange with property manager highlighting the nature of poor practice by PCM and their response, which clearly states how the new parking enforcement company have been warned not to follow PCM's tactics.

b- Evidence of complaint email to Property Manager about how it is near impossible to contact PCM's permit helpline to register for parking, the only way to register for temporary parking.

c- Email evidence from furniture vendor regarding delivery of heavy furniture same weekend when consecutive PCNs were issued.

d- Photo evidence of no marked spaces for visitors or loading even if temporary parking permit is provided (the claim in 3 of 4 PCNs is 'parked in an unmarked space')

4. Counterclaim

I have lost too many hours researching and dealing with these tickets and claims. I wish to pursue a counterclaim and would like to improve my odds as I genuinely feel I have been put to work to defend an unscrupulous claim by an unscrupulous actor. 

 

Due to my specific learning difficulty (difficulty in processing written text and understanding it as opposed to writing which is not usually an issue), this process has taken more than twice as long as it would a neurotypical (normal) person. I have commited an estimated 36 hours (cumulative since Nov 2022) to researching, chasing, emailing, seeking advice, learning and understanding the law, and its just the beginning. I have the Defense, the Witness Statements, the travel costs and time out of work, and the actual Hearing to look forward to.

I read a poster from 2015 had their counterclaim upheld when the Claimant settled unreasonably, I plan to use a similar format if this happens to me (which is likely). Do you have any further guidance to offer on this subject? Is it worth putting in a counterclaim early?    

Thanks

Coupon-mad

What you are describing is not a counterclaim.  It's just normal costs and you get to list them nearer to the hearing time.

Show us the POC (cover your VRM).