Appeal refused by PCM (Help)

Zeebra7

Hello 
Wondering if someone could please help.
Received a PCN from a private parking firm named PCM.
I appealed withing 14 days with the letter below: 

I would like to inform you that I was not the driver of the vehicle at the time of issuing this parking ticket.

You have failed to comply with the requirements of schedule 4 of the Protection of Freedom Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the act. You have failed to give invitation to keeper required by 9 (2) (e) of the same act.

You cannot therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and i will not be doing so.

I do not expect to hear from you again, or your debt collector, except to confirm that no further action will be taken on this matter and my personal information has been removed from your records, in accordance with the Data Protection Act 2018.

I then received a refusal letter stating:

Unfortunately we see not able to process your appeal as you appear to be a third part making representation on behalf of the driver. For the avoidance of doubt, the term 'driver' is used to mean the individual who parked the vehicle in the position which the PCN was issued. 

This conclusion may have beeb reached for a number of different reasons. For example:

* You explicitly stated that you are appealing on behalf of the driver (?)

* You have referred solely to the driver without clarity on whether this is yourself.

* You have referred to 'we' and as such, it is unclear whether you, as the individual submitting the appeal, were the driver 

* You have stated that you are the registered keeper and are not prepared to disclose who was driving, but the DVLA data we hold does not corroborate this

* It is otherwise unclear what your relationship with the vehicle is

In order for us to process the appeal, you have a number of options:

1. if you were the driver of the vehicle, please submit another appeal on the website advising of such 

2. If you were not the driver of the vehicle, either

The driver will need to submit a new appeal; or
The driver will need to provide signed authority for you to act on their behalf.

Please provide this information without undue delay within 14 days of the date of this letter. If you are unable or unwilling to disclose the information requested, the charge will continue progressing through the normal route of recovery. This may include the acquisition of DVLA data 

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

Could someone help me respond to this? 

I never stated I was appealing on behalf of the driver.
I clearly stated that I was not the driver of the vehicle at the time.
I never referred to 'we'.

I feel they are just scaremongering at this point 
Could someone please help? 

KeithP

Was this a windscreen ticket left on the vehicle?

I ask because PCM's last sentence there seems to imply that they have not yet asked the DVLA for keeper details.

No response needed. They will reject the appeal in 14 days.

Gr1pr

Was it a windscreen PCN or a postal PCN from PCM UK Ltd.  ?

If it was a windscreen PCN, then the incorrect appeal was used 

Third parties generally find that they can not appeal a PCN, so I hope that you are not a third party, but a keeper or driver. ( Don't tell us , ideally don't tell PCM UK either )

Zeebra7

It was a windscreen PCN.
Didn't realise I used the wrong appeal - is there a way around it at this point? 
Thanks 

Coupon-mad

Zeebra7 said:

It was a windscreen PCN.
Didn't realise I used the wrong appeal - is there a way around it at this point? 
Thanks 

You could have ignored PCM and should start doing so, and try PLAN A instead.

See the NEWBIES thread. Try Plan A.  Also check your V5C has the right address on it and then ignore the threatograms, too. 

Nobody here pays ex-clampers PCM but they are not beaten by 'appeal' which is a farce. Search the forum for:

PCM Watchdog 

Zeebra7

Keith, I thought their statement is contradictory. 

When you say they will reject the appeal in 14 days, do you mean I should just bite the bullet and pay as I don't have a leg to stand on? Or will they discard the whole thing after 14 days if I just ignore.

Zeebra7

Coupon-mad, thanks.
Where can I find the newbies thread or the PCM watchdog? I've typed it in the search bar but nothing comes up.
Sorry I'm new to this so some direction would be greatly appreciated 

KeithP

Zeebra7 said:

Keith, I thought their statement is contradictory. 

When you say they will reject the appeal in 14 days, do you mean I should just bite the bullet and pay as I don't have a leg to stand on? Or will they discard the whole thing after 14 days if I just ignore.

No, do not pay.
They are not likely to drop the matter at this stage.
Just follow the guidance offered by Coupon_mad.

Gr1pr

After the 14 days elapses they will probably acquire keeper details from the DVLA database on or after day 29 and issue a postal PCN to the keeper 

At this current stage, POFA cannot apply because they issued a windscreen NTD PCN to the driver, which was appealed and rejected 

Read the coupon mad reply, she points you to the newbies FAQ thread in her signature at the bottom of her post 

Zeebra7

Thank you all
I will follow the guidance from the newbies thread. 

Coupon-mad

Zeebra7 said:

Coupon-mad, thanks.
Where can I find the newbies thread or the PCM watchdog? I've typed it in the search bar but nothing comes up.
Sorry I'm new to this so some direction would be greatly appreciated 

You seem to have missed my signature...

Searching the forum for PCM Watchdog doesn't show no results. It shows hundreds!  Please do that search. You NEED to understand who they are.

Obviously you will never be paying PCM.