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Pcmhater

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  1. Ok - so do you think I should respond to the trace letter to inform them that I have no intention of paying the fine? or just do nothing. If they know that im willing o go to court might they back off ?
  2. OK - thanks Ericsbrother and FTMdave. I cant seem to get a copy of my appeal to PCM. However - im pretty sure i did ID myself as the driver as I said before. Here is a copy of the IAS appeal decision - and below it is a letter from Trace Dept recovery saying I have untill the 15th April to cough up face further action. Any further comments or advice from others that are happy to help me are much appreciated. Many thanks Appeal Outcome: DismissedThe Adjudicators comments are as follows: "The Appellant should understand that the Adjudicator is not in a position to give legal advice to either of the parties but they are entitled to seek their own independent legal advice. The Adjudicator's role is to consider whether or not the parking charge has a basis in law and was properly issued in the circumstances of each individual case. In all Appeals the Adjudicator is bound by the relevant law applicable at the time and is only able to consider legal challenges and not factual mistakes nor extenuating or mitigating circumstances. Throughout this appeal the Operator has had the opportunity consider all points raised and could have conceded the appeal at any stage. The Adjudicator who deals with this Appeal is legally qualified and each case is dealt with according to their understanding of the law as it applies and the legal principles involved. A decision by an Adjudicator is not legally binding on an Appellant who is entitled to seek their own legal advice if they so wish. The Operator has provided evidence of the signs at the site, which make it clear any driver parking in a visitor bay without fully displaying a valid visitor permit or scratch card in the windscreen, will be issued with the parking charge notice. The Appellant claims that they had a valid permit and provides evidence of the same. In this case it is maintained by the Appellant that their permit must have become dislodged in the prevailing weather conditions so as to have made it impossible to read any key information from it. I am satisfied that the Appellant has the responsibility of ensuring that if they possess a permit that it is secured to the windscreen in such a way that it will remain in place and display all the key information to anybody wishing to check the parked vehicles. I am also satisfied that the signage made it clear to the Appellant that if the parking permit was not properly displayed a Parking Charge Notice would be issued. As a genuine permit holder the Appellant has my sympathy, but the guidance to the appeal is clear that I may only consider legal issues not extenuating circumstances. The Operator has provided photographic evidence of the Appellant's vehicle parked on the land they manage, and without a permit displayed. The appeal is dismissed. " As your appeal has been dismissed, the Independent Adjudicator has found, upon the evidence provided, that the parking charge was lawfully incurred. As this appeal has not been resolved in your favour, the IAS is unable to intervene further in this matter. You should contact the operator within 14 days to make payment of the charge. Should you continue to contest the charge then you should consider obtaining independent legal advice. Yours Sincerely, The Independent Appeals Service
  3. Hi there FMT Dave Thank you for your reply - sounds encouraging. I will post my appeals later as have to rush out. Im pretty certain that I did identify myself as the driver but will post them anyway. May I ask what qualifies you to offer this opinion. Have you had a similar issue? or do you have some professional experience with this type of thing - Thank you
  4. Hi there I was issued with a parking ticket by PCM when parked in the Brenford Lock gated community flats visitors parking bay. I was an airbnb guest of a resident of Adams quarter building. I had been issued with a day permit by my host which i displayed on the dash. Unfortunately I left my drivers side window wide open accidentally and I can only assume that the wind blew the permit onto the passenger seat which is where i found it when I went to leave in the morning. The permit was clearly visible face up on the passenger seat of my car when I left in the morning. There are 7 pictures taken by the warden - none of which show the passenger seat. No coincidence surely.? My car was covered in snow and soaking wet due to the window being wide open all night. The ticket was issued withing 30 minutes of my arrival. ANY DECENT human would surely have alerted me to the fact that my car was unsecured and getting soaked etc by buzzing the door of the flat i was staying in, All the details re where i was staying were visible on the permit and the entrance to the clock was 4 metres from my car ! I appealed to PCM which was rejected and then appealed to the independent adjudicator who offered sympathy but also rejected the appeal on the grounds that the permit was not displayed correctly. I could pay the £100 but i'm loathed to give these sharks £100 of my money when I WAS FULLY ENTITLED TO BE PARKED THERE. And the circumstances re the pictures etc and knowing that it could have been avoided with a touch of common decency by the warden or PCM in considering the circumstances which were fully explained in my appeal. What are my chances if i ignore the letter rejecting the appeal and wait for the inevitable solicitors letter. Do I risk a court summons? I'm worried about ending up with a CCJ against me. Your soonest advice appreciated Regads The
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