Issued with parking fine because resident permit had fallen into footwell

Joedavis

I’m renting a flat on a short term basis and the parking is monitored by a private company. You can park in any bay but have to display your resident permit. I always do but on this occasion it had fallen into the passenger footwell. It would still have been visible if the person was looking for it. They’ve given me a £100 fine. I have appealed to say that I’m sorry it wasn’t on the dashboard and will ensure it always is from now on. I sent a photo of where the pass was in the car. It genuinely does blow off when I close the doors sometimes. 

Is it extremely unlikely they’ll accept this appeal? Also, if I don’t pay the fine, I know they can technically take me to court but is that really likely to happen? I think if I’d genuinely parked somewhere I shouldn’t have, I’d just accept the fine but on this occasion I haven’t done anything wrong so I’m minded to not pay. 

Appreciate any advice. 

Coupon-mad

No they might sue, using Gladstones, and you'd win. Read some PCM Gladstones threads to learn and prepare.

ChirpyChicken

If you appeal in your name it won't be an issue.

Coupon-mad

And you can change the address later.

In fact you MUST check each letter and can't let post go unopened, in case a court claim needs defending at some point.

Very easy peasy stuff but you MUST see all letters, or have a trusted non-scam-duped person opening letters and NOT panicking.

Coupon-mad

Joedavis said:

Update on this. PCM sent a letter through rejecting my appeal. They said that despite there being a permit that had fallen from the dashboard, the onus is on the driver to comply with their rules of having it displayed on the dashboard. They offered a settlement of £20. I actually missed this letter as I was away from the property. They sent one through 2 weeks later saying I have to pay £100 within 14 days. It says if I do nothing, they'll seek to recover the amount via debt collection or a court action. 

This was over a month ago (I haven't been at the flat checking post). I don't think I'll do anything at this point as I'm leaving the property next month. I can't see them pursuing me over this amount nor taking me to court. 

They will. But you don't pay.

You realise you CAN'T safely leave them with an old address or you're risking a CCJ?

Coupon-mad

So you think I should contact PCM to tell them I'm moving houses?

100% yes yes yes.

 I don't have a new address yet. I don't think I'll do that. They can try and find me if they want to. 

Oh dear. We'll be here to help when your credit is ruined by a CCJ to the old address, then. Is that seriously how you want to play it?

Joedavis

I donCoupon-mad said:

So you think I should contact PCM to tell them I'm moving houses?

100% yes yes yes.

 I don't have a new address yet. I don't think I'll do that. They can try and find me if they want to. 

Oh dear. We'll be here to help when your credit is ruined by a CCJ to the old address, then. Is that seriously how you want to play it?

I don't have a new address to give them. I'll be moving around Europe for 6 months. 

I'll contact them offering the £20. I'd rather do that than have to continue thinking about them. It's up to the government to stop this kind of thing from happening. 

Coupon-mad

There is no summons. A claim form will arrive (somewhere, unbeknown to you).

Offering to settle at £20 is normal.

The PCN is no longer £20 and the threatograms will chase £170.

Then they will sue, using your old address. The CCJ will be for close to £300.

I don't think you've read enough threads to get what they do. This is how people get CCJs. Some 400,000 people per year get CCJs from parking firms by doing what you were planning (burying heads in the sand, or not updating their address).

If you are travelling you will need to nominate an address for service. Needs to be a trustworthy person with a sensible head, who will reliably open and email or WhatsApp you every letter and won't wet themselves when a claim form arrives AND who won't pay £170 due to some scary red ink on the letters.

Ralph-y

Gosh ! have a read up on what a CCJ does to people ...... you said you will be back in 6 months ... what happens then.

CM is on the government committee  trying to sort all this out .... she knows what she is talking about

Coupon-mad

Joedavis said:

Coupon-mad said:

There is no summons.

Offering to settle at £20 is normal.

The PCN is no longer £20 and the threatograms will chase £170.

Then they will sue, using your old address.

I don't think you've read enough threads to get what they do.

If you are travelling you will need to nominate an address for service. Needs to be a trustworthy person with a sensible head, who will reliably open and email or WhatsApp you every letter and won't wet themselves when a claim form arrives AND who won't pay £170 due to some scary red ink on the letters.

The newbies thread isn't easy to follow. That's why people still ask questions. 

They can sue all they like. They won't get a response as I'll be in another country. I'm not worried about this at all. You're fear-mongering. 

When you come back, will you want:

- a mortgage within 6 years?

- tenancy agreement within 6 years?

- a mobile phone on credit?

- to pay car insurance monthly or get any other loan?

If no, then never mind the CCJ. But most people would be severely affected.

There are half a million parking claims per year and 80% result in a CCJ, mainly due to the claim form going undefended.

You're fear-mongering. 

I can assure you I'm not.

I provide evidence to the Government about the worst practices of private parking firms. I've been doing this stuff for over 15 years including representing victims in court. Cases like yours.

Search the forum for:

PCM Gladstones claim

PCM are litigious. Read some results when you search. Do not leave this lot with no address where you can be reasonably reached.

Coupon-mad

I tried.

Come back next year when you discover the likely CCJ. It'll cost you £313 in court fees to apply to set it aside, without even considering defending the PCN.

We suggest you update your address because defending a claim is far easier than this.