PCM - Moorside Legal - Residential parking charge

Coupon-mad

Why not use the template LBC response already written for everyone in the NEWBIES thread?

h2g2

Coupon-mad said:

Why not use the template LBC response already written for everyone in the NEWBIES thread?

It probably is worth addressing that they are the landowner, in this case, not the driver or keeper of the car.

Coupon-mad

pineapple_butter99 said:

Hello all,

I have read the 'newbies' thread in great detail and have used it up until this stage, however, I need some further assistance please as I'm kinda freaking out. The PCC in question is PCM UK Ltd (who are aggressive money-grabbing *insert colourful word here* !!!)

To summarise, I am the owner of a leasehold flat which comes with its own parking space, that, according to the lease agreement, I am the legal owner of. These are patrolled by PCM. On 7th May 2024, a relative of mine was parked in my bay, I forgot to put a permit on display and we were literally there for 30mins if that. They placed the PCN on windscreen of the car, and unfortunately I jumped the gun and stupidly appealed the following day, rather than wait for NTK, as I am not the registered keeper of the vehicle in question. I did not however state who the driver was at the time. I stated primacy of contract as my main defence as my lease agreement does not dictate that I have to show a permit. This was declined and so I appealed further to IAS and on 8th June 2024, they dismissed my appeal in favour of PCM as I 'should have ensured a valid permit was displayed'. They declared the charge was 'lawfully incurred' and they are not further able to intervene.

On 10th July 2024, I contacted the building developer and landlord of my estate, Bellway and they very unhelpfully stated that 'PCM are a separate company and we do not have any influence on parking tickets that are issued'.

PCM proceeded to send me multiple debt recovery letters from Trace, all of which I ignored on the advice of this forum and I also mentioned in my initial appeal that if they 'choose to decline my appeal and wishes to pursue this matter further, I want to make it clear that I will have no hesitation in taking this matter to court and will not hesitate to seek legal redress for any costs, inconvenience, or stress incurred by me as a result of this unwarranted enforcement action.'

Just when I thought PCM had realised they had no case, on 27th Jan 2025, I received a letter from a company called Moorside Legal advising me that they have been instructed by PCM to collect the outstanding balance of now £170!

It is not an LBC but I feel that one is pending any time now and I am feeling super anxious about it, so I am just trying to get ahead of the curve.

I have sent Bellway a more assertive e-mail asking them to help me cancel this ludicrous charge, but I feel they are going to give me the same wet wipe reply.

Is it worth sending Moorside Legal an e-mail to advise I have previously appealed this and that I am not the driver at the time of contravention?

TIA.

Ah yes.

The above is an example of THE BEST WAY to appeal a private PCN issued to a visitor in a residential car park: the resident appeals!  Perfect. It means if court is pursued, the person simply usn't liable and thd rekative has been protected. Brilliant!

Don't use any template but do respond angrily by email, telling them you were never the registered keeper nor the driver of this vehicle and PCM and Moorside must recognise the data error and erase your details. Wrong person!

We had a case like this a few months ago which already had a court claim sent to the resident.  Easy to defend and having re-read this - above - I agree with @h2g2

pineapple_butter99

h2g2 said:

> If you persist in processing my data and in the event of filing a court claim, take note that I will file a Part 20 counterclaim for no less than £500.  This will be claimed as damages for distress and loss of earnings arising as a result of a clear breach of the Protection From Harassment Act 1997.

I'm not sure how far you'd get with this in practice. Damages for distress basically never fly in this country unless it is extreme.

What does the LBC actually say? Does it claim you are the driver or keeper of the vehicle?

The LBC does not claim I am the driver or keeper. And I am neither of those, I am just the parking bay owner who appealed on behalf of a relative.

h2g2

pineapple_butter99 said:

The LBC does not claim I am the driver or keeper. And I am neither of those, I am just the parking bay owner who appealed on behalf of a relative.

If the LBC doesn't give the legal basis for their claim you should ask them what the legal basis of the claim is (assuming no actual legal basis is claimed in the letter - it would possibly be helpful to post a copy with personal details - [name, address, any VRMs] redacted).

You would be in your rights to demand that they either: a) set out the legal basis of the claim OR b) provide a full apology and confirmation that they are discontinuing the case against you and erasing your personal data. And that if one of these things isn't done within 14 days (or 28 if you're feeling generous) that you will make a complaint about their conduct to the Solicitors Regulatory Authority.

A claim with no basis in law is considered abusive litigation by the SRA: https://www.sra.org.uk/consumers/problems/fraud-dishonesty/legal-threats-solicitor/

pineapple_butter99

h2g2 said:

pineapple_butter99 said:

The LBC does not claim I am the driver or keeper. And I am neither of those, I am just the parking bay owner who appealed on behalf of a relative.

If the LBC doesn't give the legal basis for their claim you should ask them what the legal basis of the claim is (assuming no actual legal basis is claimed in the letter - it would possibly be helpful to post a copy with personal details - [name, address, any VRMs] redacted).

You would be in your rights to demand that they either: a) set out the legal basis of the claim OR b) provide a full apology and confirmation that they are discontinuing the case against you and erasing your personal data. And that if one of these things isn't done within 14 days (or 28 if you're feeling generous) that you will make a complaint about their conduct to the Solicitors Regulatory Authority.

A claim with no basis in law is considered abusive litigation by the SRA: https://www.sra.org.uk/consumers/problems/fraud-dishonesty/legal-threats-solicitor/

Ok thank you - I will send that to them. I will attach the letter here:

Coupon-mad

My earlier post tells you what to say.  Don't make it long. Concise!