PCM Parking Fine for parking in my allocated spot

sunmoon789

Hi, my family member has received the NTK. Here it is:

Re: Parking Charge - Notice to Keeper

This notice is given to you in line with Schedule 4 of the Protection of Freedoms Act 2012 (the Act'), in relation to a Parking Charge Notice (PCN) that was issued on (Redacted) by Parking Control Management (UK) Ltd to the driver of the vehicle specified above. Records from the DVLA show that you were the registered keeper at the time of the contravention.

The vehicle was photographed to be parked in an area managed by Parking Control Management (UK) Ltd known as (Redacted) . A Parking Charge Notice (Notice to Driver) was affixed to the windscreen of the vehicle at the time of issue - (Redacted). This charge relates to the period of parking that immediately preceded the time of issue and was issued for Parked without clearly displaying a valid PCM UK Ltd permit (at time of enforcement).."

The terms and conditions for the use of the land at (Redacted) are clearly stipulated by signage posted throughout the area.

The PCN offered the driver 28 days to pay the parking charge of £100.00. To date, the charge has not been paid in full and we do not know the name and current address for service of the driver.

As the registered keeper of the vehicle, you are invited to do one of the following, by no later than the last day of the above period beginning with the day after the date on which this notice is given:

i. Pay the outstanding balance outlined to the right to Parking Control Management (UK) Ltd.

Payment options can be found overleaf.

il. If you were not the driver at the time of the contravention, please provide us with the full name and

serviceable address of the driver to which this notice can be served

Please be advised that if, after the 28-day period specified above the amount remains unpaid and we do not have knowledge of the full name and address for service for the driver, then Parking Control Management (UK) Ltd have the right to recover the unpaid charges from you, as the registered keeper. This is inclusive of recovery action and is in accordance with Schedule 4 of the Act.

In cases of non-payment within 28 days beginning the day after the date on which this Notice to Keeper is given, we may refer the case to our instructed Debt Recovery Company and/or Solicitors, at which point the charge will increase to £170.00. Parking Control Management (UK) Ltd are the creditor and as agents of the landowner, have the right to seek payment for this parking charge. Please see the reverse of this notice for

Coupon-mad

So he either names you (and postal address) as driver or he appeals.  He won't win but nobody pays these.

Decide now which one of you wants the fun of defending a worthless Gladstones Court claim. If that's not going to be him, he names you now and transfers liability.  Easy.

Neither of you even THINK about paying.

(No you don't have a fine.

No you won't risk a CCJ).

You need to read around the forum!

You have searched the forum for PCM surely? Watchdog...etc.  see who you are dealing with. Learn from other threads.

sunmoon789

Coupon-mad said:

So he either names you (and postal address) as driver or he appeals.  He won't win but nobody pays these.

Decide now which one of you wants the fun of defending a worthless Gladstones Court claim. If that's not going to be him, he names you now and transfers liability.  Easy.

Neither of you even THINK about paying.

(No you don't have a fine.

No you won't risk a CCJ).

You need to read around the forum!

You have searched the forum for PCM surely? Watchdog...etc.  see who you are dealing with. Learn from other threads.

Thank you for your reply. So just to verify these are my steps:

-Have the keeper name me as the driver w/ my address
-I then appeal 
-If they refuse my appeal do I just continue to appeal and refuse to pay?

Coupon-mad

No, you don't  "continue to appeal" given that's not what the 4th post of the NEWBIES thread says.

sunmoon789

Sorry I have read the newbies thread I think I've just got myself really confused. I see a lot of emphasis on not naming the driver. So I should just then appeal once as the driver - and from there I just ignore everything else that I receive? I'm really sorry if I'm misunderstanding I'm just nervous as it's a family member who is the keeper.

Coupon-mad

It might well be a family member getting the letters at the moment but I've already advised you that they must transfer liability to you first.

sunmoon789

Rejected again. Family member as keeper appealed instead to avoid naming a driver, this was their response:

1.

Thank you for your correspondence regarding the above Parking Charge Notice (PCN). I have considered your case carefully and have decided to reject your appeal on the following grounds;

The vehicle was parked in a manner that contravenes the terms and conditions for the use of the private land on which it was photographed. These terms and conditions are clearly stipulated throughout the area and upon review, the operator is confident that the Parking Charge Notice (PCN) was correctly issued, in line with these signs.

On this occasion, the vehicle was parked without fully displaying a valid permit within the windscreen.

The advertised contractual terms require a valid permit be displayed at all times and that this permit is appropriate for the bay/area in which the vehicle was parked. This is clearly outlined by signage and the onus is on the driver to ensure compliance with the terms. If a driver is unsure, they should seek further advice or refrain from parking.

Signage advises that retrospective evidence of authority to park will not be accepted; therefore, claims or copies of permits provided at a later date cannot be considered.

I understand that it is your position that the contract on which this charge relies is unenforceable. This is rejected. At its most basic level, for a contract to be binding, three components must be present - offer, consideration and acceptance.

In this case, the offer is that one may enter and use the land, and the acceptance is granted by the action of parking. With regards to consideration, this must represent an 'exchange; in the context of parking on this private land, we have provided the facility of parking and/or right to access the land in exchange for one abiding by certain conditions.

With all three elements present, it is clear that the contract is binding and therefore, breaches of the terms and conditions are enforceable.

You aver that the signage was not sufficient in bringing the terms to your attention. I have reviewed the signage on site and am confident that it is adequate and compliant throughout the parking area. Photographic evidence shows the vehicle to be parked in close proximity to an enforcement sign.

In light of the above, I can confirm that the charge was issued correctly in line with the advertised terms of parking on site. It is on that basis your appeal has been unsuccessful on this occasion.

 

 2.

Dear Sir/Madam

Thank you for your correspondence regarding the above Parking Charge Notice (PCN). I have considered your case carefully and have decided to reject your appeal on the following grounds;

The vehicle was parked in a manner that contravenes the terms and conditions for the use of the private land on which it was photographed. These terms and conditions are clearly stipulated throughout the area and upon review, the operator is confident that the Parking Charge Notice (PCN) was correctly issued, in line with these signs.

On this occasion, the vehicle was parked without fully displaying a valid permit within the windscreen.

The advertised contractual terms require a valid permit be displayed at all times and that this permit is appropriate for the bay/area in which the vehicle was parked. This is clearly outlined by signage and the onus is on the driver to ensure compliance with the terms. If a driver is unsure, they should seek further advice or refrain from parking.

Signage advises that retrospective evidence of authority to park will not be accepted; therefore, claims or copies of permits provided at a later date cannot be considered.

It has been noted that you are appealing the charge as the keeper of the vehicle and are not prepared to name the driver. Under Schedule 4 of the Protection of Freedoms Act 2012 (the Act'), Parking Control Management (UK) Ltd may seek to recover unpaid parking charges from the registered keeper of the vehicle. The conditions of the Act have been satisfied and as, to date, the full name and "address for service" for the driver have not been provided, we reserve the right to exercise our right to pursue you, as the keeper.

Whilst the driver may have a right to park as part of their tenancy, it is incumbent on the driver to respect and abide by the terms implemented by the operator, as agents of the landowner. Therefore, as the signage makes it clear that a valid permit must be displayed and one was not, the operative was unaware if the vehicle had permission to park and a charge was correctly issued.

All signage and signage locations must be audited by the IPC; therefore, I am confident that signage is fully compliant with IPC guidelines and industry standards. The operator maintains that signage is clear and adequate throughout the parking area.

In light of the above, I can confirm that the charge was issued correctly in line with the advertised terms of parking on site. It is on that basis your appeal has been unsuccessful on this occasion.

 

Coupon-mad

As expected. Of course they reject appeals. There is no appeal really. It's bent.