PCM UK - Whittle Square, Gloucester

glosandy · 16 July 2018 at 8:31PM

Well, they say things come in threes so here's the third (and hopefully final!) PCN I've been asked to help with. The circumstances are nearly identical to the other two threads I have running on Whittle Square. Only real difference this time is the location of the parked car, but to my mind is even more clearcut.

Issue this time is the fact that the first postal notification was not acknowledged (Postal Notification of Parking Charge). Today the person in question received a Keeper Liability letter (headed Parking Charge Keeper Liability) from PCM UK, amount due £100. But based on my reading of the newbie thread this should be standard procedure, I think?

As PCM is an IPC member we should be looking to lodge appeal (the option is still available on their web portal), based on the standard template available (TEMPLATE ''ONE SIZE FITS ALL'' FIRST APPEAL THAT DOESN'T SAY WHO WAS DRIVING ). At this point, should we also be including the defence of signage/bay markings etc.?

Thanks again.

Glosandy

Redx · 16 July 2018 at 8:36PM

depends if its the keeper or the driver who is appealing

generally speaking , we tell people NOT to amend the template letter

so if the template is being amended , be sure to know why and only add defence evidence if it PROVES that this person appealing is 100% in the right

also bear in mind that driver appeals do not have the protection of POFA2012 , NOT NOW NOR IN THE FUTURE

so if a PPC has failed POFA2012 then be very wary of implying who was driving , sometimes what happened on the day has little bearing on the result , a ppc will almost always reject an appeal as there is no profit in acceptance

however, if they passed the POFA2012 rules on wording and timescales, then a keeper can be held accountable and so sometimes a driver appeal can be a good idea (but there has to be good first person evidence if a win is required)

Coupon-mad · 16 July 2018 at 11:09PM

Probably too late to appeal but try anyway and whilst normal IAS is worth a try for PCM cases, IMHO, DO NOT accept the 'non-standard' IAS version that costs money, to lose.

IMHO as you are appealing late that's the only *offer* you will get. Ignore that, then come back at claim stage.

glosandy · 24 July 2018 at 5:27PM

Update:
Online appeal lodged, as per standard wording.

glosandy · 7 August 2018 at 11:48PM

Update:
Appeal rejected, based on:
clear signage
parked in non designated area

Rejection letter details:
Parking is not permitted on access roads, grass verges, areas marked with cross hatched markings or areas in which parking is not designated.

Options presented now:
Pay
IAS process

Obviously paying is out. Realise the general advice is to ignore the IAS process, which is understood. However, it still doesn't feel right. I'd like to respond to PCM's rejection letter with the following:

Dear Idiots (OK, strike that bit),

PCN XXXX
Notification of Appeal Outcome dated XXXX

I acknowledge receipt of the above correspondence, informing me of the rejection of the above appeal.

I do not believe you have any grounds to pursue either the Driver or Keeper of this vehicle based on the summary evidence presented in your letter, which should be obvious to you from your recent failings to secure judgements in the County Court for this location. As such no payment will be made for this parking charge.

I note your offer to refer this to the Independent Appeals Service. As this is not obligatory, this would appear to be a waste of my time “futilely going through the motions” according to an IPC firm’s mistakenly shared email that is in the public domain. This is due to the fact that the IAS is widely held to be a misnomer and is not an independent appeals service at all, and is well known as a “kangaroo court” created for the benefit of IPC members, in order to attempt to offer a false perception that you have offered an independent, impartial appeals service.

Parliament is well aware of the conflicts of interest preventing any IPC firm from being considered to be offering anything like a fair appeals process. Therefore any socially and politically aware County Court Judge would realise you offer no truly independent or transparently fair appeal facility whatsoever.

On this basis, I will not be pursuing the IAS appeal, and will await your next correspondence.

Up yours, (leave this in??)

I still feel the driver/keeper has a strong case regarding definition of restricted areas, signage and bay markings so we'll be taking this all the way.

Regards, Glosandy

glosandy · 5 October 2018 at 7:39PM

UPDATE:
Letter from TRACE DEBT RECOVERY received today. All standard stuff, and will be suitably ignored.

PCM UK - Whittle Square, Gloucester

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