'fine' from pcm without a pcn

[harrymarry]

hi all,

 

 

I have received a fine from pcm ( parking control management(uk) Ltd. SL1 2XF.

a pcn was not issued , but a person was taking photos of my car.

this happened at hayes and Harlington station.

They send me a letter by post with photographic evidence. saying a pcn was issued : (date)

 

 

my question is are pcm taking people to court now?

or should I ask them to issue the popla code.

[dx100uk]

Where does it say fine please on their paperwork?

 

Dx

[harrymarry]

thanks for the prompt reply.

2 pages attached.

 

 

thanks 4 the help

 

 

regards

harry

Edited August 4, 2015 by harrymarry

[dx100uk]

You'll need to PDF those please

[harrymarry]

pdf files attached

[ericsbrother]

Ah, the disappearing ticket [problem].

 

A common one so the parking comapanies can avoid the niceties of obeying the PoFA.

 

First of all read the Parking Prankster's blog and search for examples of this subterfuge.

 

The idea is that they send out the demand after the time allowed for appealing claiming that all previous paperwork was correctly issued but it wasnt.

 

That way they avoid the discount period and try and avoid POPLA by making it look like you are too late whan it is tem

o

. They also place a ticket on the car and remove it claiming it was properly issued but is was just a phantom ticket, could have been any olod bit of paper..

[ericsbrother]

They are also members of the IAS, who are not as honest with their interpretation and application of the law as POPLA so you have really

 

2 choices.

 

1 write to the company and tell them that you deny parking and ask them for strict proof of the breach and suggest that you have evidence that they did not act in accordance with the protocols of the PoFA and thus their claim is spurious at best and fraud at worst

or

2 Wait and see what they do next.

There is no point appealing to the iAS .

[dx100uk]

Attachments removed pers info showing through pen.

Redact properly as per upload clickme guide

 

Dx

[harrymarry]

hi all,

 

thanks 4 ur prompt reply, very much appreciated.

is it ok to write to pcm as follows :-

 

Dear PCM

 

the sum that ur asking me to pay, MUST be a Genuine Pre Estimate Of Loss that the landowner has experienced.

 

Therefore the charge is punitive and i still require an itemized genuine pre-estimate of loss. The land is NOT RELEVANT LAND.

 

I deny the debt and require this matter to be decided in court.

As i denied debt I do not expect to hear from your debt collector or solicitors, i just require the court papers.

Any letters that I have to deal with by breach of your demand will be charged at £25 per communication, failure to pay will be addressed in the court system.

 

i will then Wait and see what they do next.

[dx100uk]

where did you get that from?

sounds like freemen of the land twaddle

 

 

dx

[harrymarry]

from other forums, i cut and pasted them together.

[ericsbrother]

You cant charge £25 for sending them letters, it wont wash with a court-been tried before.

As for the other bits, make it clear why you owe nothing and bear in mind they are dishonest as they have shown already. I wouldnt bother getting into letter tennis with them, there are bags of things you can do IF they want to lose money later so for the moment keep it simple and create a paper trail that shows you deny either a debt or a contract being formed but make sure your reason is credible, even if not provable at this point.

The other choice is wait for them to waste money employing someone to write scary letters and then tell them where to go.

[harrymarry]

thank you so much for ur advice,

 

i will wait and see what is there next step.

 

just matter of interest, has pcm take people to court and if yes what is there success rate recently.

[ericsbrother]

it is very difficult to get figures as the MoJ wont let you see anything for the current year and also block you from having the dtat on any company they are investigating such as CEL or DEAL. Historical data doesnt show how many cases were settled or withdrawn before the court date either. 75% of people pay up when they get a N1 through the door, we only see a few of the other 25% and so the success rate of defended claims is rather different to the overall numbers. Shame, as if most people knew what to say they would beat the claim and then the parking companies would lose fortune using the court system for their bullying.

[harrymarry]

ericbrother, once again thanks for ur prompt reply, greatly appreciated.

 

should i now write or email to the company and tell them the following -:

I deny parking and ask you for strict proof of the breach. I also have evidence that you did not act in accordance with the protocols of the POFA and thus their claim is spurious at best and fraud at worst.

 

please advice.

[ericsbrother]

either is fine, they are both the same legally, so as long as you have a copy and the date it was sent they cannot deny receiving it.

[ericsbrother]

You should also look at other threads where railway land is involved. The parking companies have no rights to anything but the railway co does but it would be a first for one of them to actually take over an individual claim themselves as it gains them no money. See byelaw 14.

[harrymarry]

just received another letter from them.

[caro]

Big yawn. You've told them the score so that's it. Expect more letters from DCAs with lots of MAY take court action threats, but unless they do, ignore them. There's no point getting into a game of letter tennis with them. Just keep what comes in case they should change tactics and try the court route, in which case come back for help with a defence.However, read ericsbrothers post no 17 above for further reassurance.

[harrymarry]

thank you caro, for the prompt reply.

have a nice day.

[caro]

You too

[ericsbrother]

let them do their worst, you keep copies of all the correspondence to beat them with later if they fancy their chances. In the unlikely event you do get a lba come back and we will formulate a response that should stop that in its tracks.

[harrymarry]

hi,

 

so where do we/I stand with fines from PCM ? due to todays result.

 

Edited November 4, 2015 by harrymarry
forgot to complete a statement

[dx100uk]

fines?

 

 

dx

[harrymarry]

hi again,

 

at Hayes train station, pcm take photos on a mobile phone and send a invoice with a picture of ur car.

they say it was not parked on the bay.