Hi,

I am renting a flat with underground parking space

one day found four Parking Charge Notices attached to windscreen of my car,

all issued within a period of 5 days.

They total to £400, or £240 if paid within 14 days.

Later I found out that less than one month ago the enforcement company has started issuing new parking permits and have given 3 weeks grace period to start using new permits.

They have informed our landlord that they are doing this but haven't inform us.

At the same time,

they claim that they have delivered by hand a letter which contained a new parking permit directly to my address.

This letter has been addressed to "Resident/Occupier".

Neither myself nor my wife have seen it,

but I cannot entirely rule out that she has thrown it away as junk.

Unfortunately my landlord hasn't informed me of any changes in parking rules and i wasn't looking for any important letters.

The enforcement company insist that they have video evidence of the letter being delivered.

My car has been parked in the correct bay which belongs to the same landlord as flat.

At the time when I was fined, there was an unexpired parking permit of old type attached to the windscreen of my car.

My appeals have been rejected on the following grounds:

1) They hand delivered parking permits in "plain envelope fully addressed to the resident/occupier"

2) They placed "new signage" in car parks which "provide clear information about parking rules".

For clarity, this signage is not materially different from the previous one, and also it doesn't state that old permits are being replaced with new ones, making old ones void from certain date.

I have few questions:

- Is it lawful for them to issue park permits without addressing them either to landlord or tenant?

Did I have to read a letter addressed to "The Occupier"?

- Where can I get help?

Thanks

please complete this:

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

dx

oh and it is NOT A FINE.

Hi dx,

my replies are:

Firstly, please check whether this is a PENALTY charge or a PARKING charge. If this is a PENALTY charge, please see here.

It is a Parking Charge Notice

For windscreen tickets (NTD) please answer the following questions.

1 The date of infringement?

Four tickets:

1) 7 November 2017

2) 8 November 2017

3) 11 November 2017

4) 12 November 2017

2 Did you appeal to the parking company?

Yes. My appeal text (edited to remove some details) is as following:

Dear Sir/Madam,

within short period of time from 7/11/2017 to 12/11/2017 I received four parking tickets from PCM company. Herewith they all are being appealed.

My car has been lawfully parked in its allocated secured parking bay #XX since April 2016, which is rented by me together with the flat on long term basis. It turns out, PCM have changed style of parking permit stickers and made my current and unexpired permit void without informing me. I didn't know that parking rules had been changed and that new parking permit stickers were issued. We haven't received new stickers per post. PCM claim that new parking permits had been delivered in an envelop and they were addressed to "Current Occupier", however we haven't seen these. On 15 November PCM have issued me a temporary permit NS XX EXP22.11.17 and on 16 November sent to me a permanent permit, which is now displayed in the car.

Please make this and all the following parking tickets void PM1113XXXX, PM1113XXXX, PM1113XXXX, PM1113XXXX. This is on the basis that the car has been parked in the correctly allocated bay and I haven't been notified of any upcoming changes or issued a new permit on time.

The estate management company First Port has also confirmed that these tickets would be voided "without a problem". For further details refer to email communication between PCM, myself, and landlord XX.

Regards

If yes, has there been any response?

I had to appeal each ticket individually and it was done on 19 November. As of 22 November there are two replies:

1) Appeal rejected (attached)

2) Appeal rejected

3) No response yet, no NTK

4) No response yet, no NTK

Note, that in rejection letter they state that Permits were issued on 16.11.2017. I believe it is a typo and they wanted to write 16.10.2017, otherwise it doesn't make sense. The second rejection letter has same typo.

If no, have you received a Notice To Keeper? (NTK) Did the NTK provide photographic evidence? n/a

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) n/a

4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances] n/a, but further appeal would be via IAS

5 Who is the parking company?

Parking Control Management (UK) Ltd, from Slough, SL1 2XF

6. where exactly [Carpark name and town] did you park?

It is gated parking under the dwelling complex. The name of the complex is OneSE8, which is in Greenwich and Lewisham boroughs of London.

Before filing appeals there was communication with team issuing permits at PCM, and also between landlord and the estate management company. In these emails the landlord has stated that I am parking with his permission, and PCM have confirmed that they had sent permit to "Resident/Occupier" as opposed to myself or landlord.

appeal rejection.pdf

well done

as far as I can see you ignore then now

you have supremacy of contract

you'll get scary letters from all manner of DCA's

[whom are NOT BAILIFFS and no DCA has ANY LEGAL POWERS WHATSOEVER on any DEBT]

then some from their fake/tame solicitor

at the next desk nearer the bog

in different coloured skirt and thong

stating all manner of scary things too,

the only thing you do not ignore

are

a letter of [or before] claim

or

a claimform from northants bulk.

dx

If they did try court your supremacy of Contract should kill their claim.

Why would a gated development need a Parking Predator if the gate is electronic, has the Management Agent or landlord been given a bung?

you wont get an NTK as you appealed as the driver. As it is YOUIR space this is immaterial.

If you think about it, PCM are never going to allow your appeal, they know with resident parking they have no lawful reason to ever ticket you but they want to make money and the only way they can do that it to create fallacious breachs of contract and hope that you pay up rather than telling them to get knotted. Their parking permits are an administative convenience so they can see who should be there, not to try and create a new definition of the law.

I would be ignoring them from now on unless they send a letter before action or more likely their friends at Gladstones send you an improperly worded one and then reiterate your supremacy of contract and remind them that they have left themselves open to a claim for harassment if they persist. As you contated them you have missed out on a payday for them breaching the DPA.

As you mention the estate management co I would place bets on the contract being signed by thejm and not the landowner so any agreement they have is likely to be worthless

Hi.

Thank you everyone.

My landlord wrote to me that he also doesn't have any mentions of parking permits in his lease agreement, which seems to be good news.

I have few questions:

1) Why do you all suggest just ignoring PCM?

Would it harm to file an appeal with IAS?

I really don't want to spend any more time than required on this, but just want to save myself from any future further harassment from PCM and their people

2) I am moving out from current flat in ca. 2 weeks.

Do I need to provide PCM with my new address?

Is it in my interest to do so?

3) PCM have been informed that I was parked with permission from the landlord and on landlords property,

however by rejecting my appeals they keep on insisting on payments.

You guys write that these claims are illegal.

In this case,

can PCMs actions be classified as a [problem] scheme and reported to police?

Also, do I have a right to demand from PCM any documents confirming that they act legally on this property,

such as any licenses,

copy of service agreements, etc.?

If so,

then what documents should I request?

My hope is to be able to confirm that they act illegally and raise awareness of other residents.

If they did try court your supremacy of Contract should kill their claim.

 

Why would a gated development need a Parking Predator if the gate is electronic, has the Management Agent or landlord been given a bung?

I am not sure about the Management Agent, but landlord has previously sent to PCM a request to void all charges and today informed me that he did it again. The landlord is a guy of my age and he is on my side.

Hi.

Thank you everyone.

 

My landlord wrote to me that he also doesn't have any mentions of parking permits in his lease agreement, which seems to be good news.

 

I have few questions:

1) Why do you all suggest just ignoring PCM? because you have supremacy of contract

Would it harm to file an appeal with IAS? - no but its a waste of your time

I really don't want to spend any more time than required on this, but just want to save myself from any future further harassment from PCM and their people - you'll get that no matter what you do..

 

2) I am moving out from current flat in ca. 2 weeks.

Do I need to provide PCM with my new address?

Is it in my interest to do so? - I would regardless unless they write previous and say they are all cancelled

3) PCM have been informed that I was parked with permission from the landlord and on landlords property,

however by rejecting my appeals they keep on insisting on payments.

 

You guys write that these claims are illegal. - no we haven't used that word at all..

In this case,

can PCMs actions be classified as a [problem] scheme and reported to police? nope

 

Also, do I have a right to demand from PCM any documents confirming that they act legally on this property,

such as any licenses,

copy of service agreements, etc.? - not yet if ever

 

If so,

then what documents should I request?

My hope is to be able to confirm that they act illegally and raise awareness of other residents.

1st bit no

Don't ignore but use your supremacy of contract at the appropriate time advised by the team.