DCA letter wanting money on behalf of PCM UK LTD

[jassie01]

Hi please can someone help.

 

I recently got a letter from a debt collecting agency on the 4th dec

acting on behalf of PCM UK LTD (parking control management uk ltd) for £160.

 

 

they say they used a tracing service to find the address we currently live at

and that parking control management representing a private landowner

had sent a PCN dated the 19 October to my old address for the original amount.

(we cannot find this original PCN at the old address even though we regularly retrieve our old mail)

 

We contacted the debt collection agency who say our chance to appeal is now gone

as we did not respond to the original notice at the time.

 

 

PCM have a website where you can put in the claim reference number and car reg.

it shows photographic evidence of my car not parked strictly within the confines of the parking bay

(i.e outside of the white line potentially causing obstruction) I was only there for 3 minutes max.

 

 

There are no charges for parking there as your allowed 20 minutes.

 

First question is- what can I do if I did not receive the original notice?

 

 

how can they prove they sent it to me?

 

 

after viewing the photographic evidence online and reading the parking notice on the lamppost

it says that the fine will be £50 if paid within 14 days going up to £100 after. (now its £160 via the debt agency)

 

Can you only appeal in the first 28 days ?

 

Is the fee they are asking excessive ?

 

The car is registered in my name but I was not the driver of the vehicle my partner was.

 

Many thanks for your help

[BankFodder]

Do not ignore this but don't worry. Read around the stories on this subforum and you will start to understand the issues and what your reaction should be

[dx100uk]

stay off that phone

 

 

 

 

the DCA are NOT BAILIFFS

and have

NO SUCH LEGAL POWERS whatsoever.

 

 

and it IS NOT A FINE

 

 

its a SPECULATIVE INVOICE.

 

 

lines or any 'markings' on private land are PURELY GRAFFITTI

and have no legal standing whatsoever .

 

 

so you have moved since October this year then?

 

 

dx

[jassie01]

hi dx

many thanks for your reply.

 

 

yes moved over a year ago but had not informed DVLA.

 

 

funny thing is

 

 

did not get the original invoice from them.

 

 

The people who live at our old address are very good with keeping any mail in our names.

 

Can you elaborate about markings having no legal standing on parking on private land?

 

 

I've never heard this before.

 

 

The land is a block of flats by the way.

 

 

The sign also was very clear about the terms of parking and what the fine would be.

 

 

Do you speak from experience in this.

kind regards

jaz

[dx100uk]

go read it again

nowhere does it use the word FINE.

 

 

is a/the bay allocated to you in your letting agreement or whatever it is?

 

 

dx

[havinastella]

As this is now with a DCA, you should continue to ignore everything except court papers.

 

You could also send them the Bros classic one liner

 

'I owe you nothing'

[jassie01]

Hi martin

no it uses the word charge . Also we were visiting private flats. I'm not a resident there. The parking bay is outside of the flats but within the confines of the land.

The signage is adequately and clearly displayed next to the parking bay. Can PCM Ltd send a NTK based solely on CCTV and if so does it not have to be sent within 14 or 28 days to be valid ?

[Cardiff Devil]

PCM are members of the IPC, so there won't be any access to POPLA. In order to comply with the terms set out in Schedule 4 of the PoFA to claim keeper liability, they should have issued you with a notice by post within 14 days of the incident if they are relying on CCTV or ANPR to capture vehicle details. Are they claiming you are liable as keeper under the Protection of Freedoms Act?

[jassie01]

hello Cardiff devil

cool name by the way!! No because the only correspondence we received was from there debt collection agency called DRP LTD acting on there behalf 6 weeks later from the alleged date. They say they represent PCM LTD and say a charge was original sent at the time by PCM to my original address so whatever was in this original letter we do not know. Only by visiting PCM's website through a google search did we find the CCTV footage in there "view evidence section". When we called them they reckon they sent a notice 2 days after the event but we never got it in the mail.

regards

jaz

[Billy's mate]

They could well have sent the first letter in the post and it went missing in the postal system. That point is not really important. Are they asking for this money as a contractual charge, or trespass ?. You can write to the parking company and ask them for a copy of their contract with the land owner authorising them to chase you for money. You could also ask them for a breakdown of their genuine pre-estimate of the losses that the landowner has incurred by your alleged breach of their terms and conditions. This is your ammunition. If they fail to provide this information, they would certainly lose in Court if they choose to progress the matter that far. Don't worry, DRP are flexing their muscles. They can't take action against you themselves, but they will. " Recommend to their client " that the client instigates legal proceedings against you. We're well off that point yet.

[jassie01]

Hi bill

They are asking as a contractual charge. I am relatively new to the site but now I believe I have enough knowledge now to counter there demand with a solid argument. I will be writing them a stern letter and will keep everyone updated as the situation progresses . Thankyou for your advice

Jaz

Edited December 18, 2014 by jassie01

[armadillo71]

Anpr cannot tell if a car is ' not strictly in the confines of a marked bay'.

 

What date was the initial parking event?

 

And on what dates have you received something , and what was it, and what have you been told was sent and when?

 

List them so it is easy to read.

 

Dates and timings are critical for keeper liability, but are they quoting the POFA and saying that the keeper is liable?

 

This will probably go nowhere with no more action taken, but you probably should sent a letter for best practice.

 

DO NOT CONTACT DR+ again...