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

GrinFandango

Clarification one -

All my PCN are for "Parking in an unmarked space" when temporary parking has no allocated spaces, they are all unmarked spaces.

Clarification two -

PCM (UK) did not include details of the claim from 05/11/2022 in the SAR. I can confirm I used the template SAR format requesting all data related to me, and not limited to a registration mark.

Clarification three -

We have a fixed term AST - Our contract parking clause is attached.

Clarification four -

The parking signage

--------------------------------

Paragraph 5 -

The claimant’s claim of a Parking Charge Notice issued on 05/11/2022 against Reg no. XXXXXX was omitted by the claimant in the Subject Access Request by the defendant dated 16 Aug 2023. The details provided have no mention of vehicle XXXXXX.

The defendant claims there has been no-breach of contract, nor a contract between the claimant and the defendant, as the defendant holds temporary parking rights on behalf of residential rights at the site.

The defendant relies upon the Oxford County Court decision in JOPSON v HOME GUARD SERVICES, Appeal case number B9GF0A9E on 29/9/2016 where Senior Circuit Judge Charles Harris QC found that Home Guard Services had acted unreasonably when issuing a penalty charge notice to Miss Jopson, a resident of a block of flats.

The defendant and his pregnant wife moved into an unfurnished apartment in the XXXXX building at XXXXXX in October 2022. The landlord and building management company advised how the system to access temporary parking permits involved calling the parking management agency, namely PCM(UK) Ltd., the claimant.

The defendant’s wife recalls remaining on hold in excess of 90 mins each time on the parking permits helpline as provided by PCM(UK) Ltd. The call would then drop out and she had to get back in the queue. She recalls undergoing this ordeal a number of times which led to an official complaint to the building management company, XXXXXXXX. The defendant recalls telephone conversations with management team about difficulties in acquiring a temporary parking permit. 

The defendant and his pregnant wife were busy decorating the apartment gradually, with delivery of heavy furniture between Christmas 2022 and New Year 2023. All attempts to acquire a temporary parking permit failed which led to the defendant temporarily parking his car in an unmarked space for loading and unloading only, as he delivered smaller furnishings to his 13th floor apartment.

The defendant recalls receiving a PCN "Parked in an unmarked bay" every day following his journey from the car, access through building, lift travel time to apartment on top floor, dropping off furnishing in a suitable space, lift journey back from top floor and access via building back to the car to pick up any remaining items.

The defendant recalls being subjected to such PCN envelopes consecutively, at a time of distress and physical exhaustion. The reason for a PCN was stated as "Parking in an unmarked space" each time. The defendant would like to clarify no marked parking spaces for temporary permit holders exist on site, the unmarked spaces are used for loading/unloading and temporary parking.

The defendant recalls placing previous PCN envelopes on the car each time in the hope the contractor would exercise restraint and demonstrate compassion having seen the defendant loading and unloading. Instead of leaving an new PCN envelope in a conspicuous but benign space on the windshield, the defendant noted a PCM (UK) Ltd contractor had glued an empty envelope onto the front windshield in the middle of driver’s critical view.

The defendant claims this act caused further distress during an already difficult time. It also required the purchase of specified glue-removal chemicals to avoid damage to windshield. Unfortunately, the glue had taken off some of the windshield coating leaving it permanently marked limiting visibility during poor weather.  (need guidance on how to counterclaim)

The defendant recalls so-called super PCN days, where the claimant’s contractors would place a PCN on every car on site, regardless of parking permit status, loading/unloading or alighting status. Those with allocated parking sites and displaying a parking permit were also given PCNs on these days. These so-called parking charges were vexatious in nature and common-place affecting nearly all residents on the site.

The defendant was informed by building management in 2023 how, based on numerous complaints and poor resident experience, the claimant’s parking management contract had been terminated. Building management emailed the defendant to reassure the new company has been advised in no unclear terms against such predatory behaviour towards the residents.

----------------------------------------

I believe my last day for submission is Tuesday. I am working the weekend as well but will keep an eye on the forum. Appreciate your help, as I am sure the millions you are helping on this forum do aswell.

Coupon-mad

Even though that is long I like that defence (and residential ones often need a bit more detail than other private land cases). 

The defendant would like the court to consider these proceedings to include any future claims by the claimant, including those undeclared to the defendant prior to this court claim, as mentioned above. (need help here)

I wouldn't include that. The court can't do that.

The defendant claims there has been no-breach of contract, nor a contract between the claimant and the defendant, as the defendant holds temporary parking rights on behalf of residential rights at the site. The defendant would refer the court to Jobson vs .......  (need help here)

Just search the forum for Jopson Homeguard defence and copy words that another poster already wrote about that case!  Note the spelling.

GrinFandango

Thank you @Coupon-mad for your prompt response.

I have made the advised changes and added a picture of the claimant's signage, which is rather difficult to read even when stood next to it.

Coupon-mad

If this is a defence, no evidence goes yet. Slow down and read the second post of the NEWBIES thread.

KeithP

GrinFandango said:

I have made the advised changes and added a picture of the claimant's signage...

Pictures come later, at Witness Statement and evidence time - some months away.

GrinFandango

Thank you for all your help.I am very close to tomorrows deadline. Are there any other changes I should make before placing it in the "alternate template" and sending it off.

The Clarifications are to provide the OPs some perspective on merits of my case. I do not intend to add them on the template. All below "Paragraph 5" goes on my defence.

I have made no note of poor signage in my defense when the signage is clearly inadequate. Should I?

Anything else before I finalise this?

Coupon-mad

But the template already covers signage.

GrinFandango

Thanks @Coupon-mad - Please review the case below against PCM(UK) - I note elements in the template address inadequate Parking Signage but do I need to be more specific?

Excerpt from RR113 on legalbeagles

https: //legalbeagles.info/ forums/forum/legal-forums/motoring-parking/ppc-s-parking-charge-notices/parking-live-court-claims/99457-won-dismissed-at-court-parking-control-management-court/page3

"Thirdly the signage is of a forbidding nature and therefore fails to form a contract. In the cases of B4GF26K6 PCM (UK) v Mr B, B4GF27K3 PCM (UK) v Mr W and B4GF26K2 PCM (UK) v Ms L it was demonstrated that forbidding signage at residential parking spaces did not create a contract. The signs erected on site are incapable of forming the basis of a contract and indeed make it clear that that is not the case. Further it is trite law that a term that is forbidding cannot also constitute an offer. It is therefore denied that any contract was formed or was capable of being formed."

KeithP

GrinFandango said:

I note elements in the template address inadequate Parking Signage but do I need to be more specific?

The fact that signage is mentioned in your Defence allows you to go into greater detail about how bad the signs are when writing your Witness Statement. At that time you'll be able to show pictures of the poor signs too.

GrinFandango

Thank you @KeithP

ClaimResponses.CNBC@justice.gov.uk

I shall send my defense to the above email from your posts. Please correct me if I am wrong.

I am grateful for all the help from contributors, especially @Coupon-mad and @KeithP.The defense templates are excellent drafts, worth their word-count in gold.

I can imagine all this dedication takes a toll on your lives and your families lives. The only currency I can repay is in appreciation, gratitude and respect. I hope they help recharge your social/dopamine/feel-good batteries. Many others will continue to need your help and support.

Thank you.