Parking control management (UK) LTD - PCN

paperpots

Hi,

Firstly just to confirm I have read through the entirety of the Newbie FAQ's thread. But my question wasn't answered. 

I live in a private block of flats with gated parking. All residents get a Fob for the parking lot but not all residents have a parking space. I don't have a parking space but do have a fob.

My motorbike was parked in a white line hatched area along a wall and out of the way for any cars. Many motorbikes are parked in the white line hatched area for a number of years. PCM sent me a PCN via post. 

In the photographic evidence, my bike is clearly parked on the white hatched lines, however there is no clear signage along that wall anywhere. There is however a PCM sign on one of the pillars in the parking far away from where I had parked. 

My question is - should I just pay up or follow the advice and appeal against the PCN, wait and see what happens next? This is the first time a PCN has been issued.

DE_612183

What does your tenancy contract say about parking ( if anything )?

nopcns

What does your lease say about parking? What it doesn't say is equally important. Go have a look at it now and report back. You are looking for specifics about what you can and can't do about parking and whether there is anything in your lease that mentions that you must obey some rules invented by a third part, unregulated private parking company to display a permit etc.

Your lease is the primary contract. Not what some ex-clamper decides.

Coupon-mad

Clearly you do not pay PCM.  Ex-clampers who were outed on Watchdog:

http://parking-prankster.blogspot.com/2015/05/is-it-pcm-uk-who-make-up-stuff-all-time.html?m=1

paperpots

Thanks for the prompt replies. I have gone through the lease agreement, which is between us (owners) and a popular housing trust (landlord & building management company). There is no mention of PCM or any 3rd party. There are 2 clauses - 

1. Not to keep or allow any vehicles to stand on private access ways or communal gardens footpaths roads and parking courts within the phase and estate nor to do anything which would obstruct easy access over time.

2. Unless this Lease includes a right to a parking space not at any time or for any purpose to use the car parking area within the phase

However these clauses are between us and the landlord not PCM. So if the landlord pursues to remove the bike that I can understand, however not sure PCM has any rights to issue a PCN? There is no mention of hatched areas or penalties or anything mentioned in the lease from a 3rd party company.

Should I just ignore PCM notice to keeper? or challenge it online? 

paperpots

Because we don't have a parking space - perhaps I don't have the lease agreement with PCM or the landlord which could stipulate some other clauses. I am simply not aware of them

Coupon-mad

Ignore them.  Tell them if you move house though, for obvious reasons.

paperpots

not even worth an appeal? Could file an appeal using the format on the newbie's thread.. my obvious worry is if they decide to take this to court, I simply don't have the time (or energy) to go through the defence process 

Coupon-mad

Defence takes half an hour. One paragraph to add to the Template Defence. Much easier than useless (pointless) and faffy IAS appeals.

Tell them if you move within 6 years.

paperpots

This week, I got a letter from debt recovery agency demanding payment which has now increased to £170. They are threatening legal action, if I don't pay in. 14 days.  First time for me so obviously I am anxious. But I see no basis for them to demand a penalty (as outlined above). 

Should I continue to ignore this too?

Gr1pr

paperpots said:

This week, I got a letter from debt recovery agency demanding payment 

Should I continue to ignore this too?

Correct, debt collectors letters are hamster bedding, irrelevant in the process 

See the Fourth post in the newbies sticky thread