Parking Ticket - PCM - Lawrence Court - Woodford

[Bilali8]

Good afternoon everyone,

 

My girlfriend received a parking fine the other day parked in a private car park, her permit was correctly displayed, however the car park was full because non residents were parked in the bays. She therefore parked in a way that lets other cars in and out, not obstructing anyone's way.

 

Anyway, next morning a ticket was found. The question is, is it more PCM toilet paper or what does she do?

 

Thanks!

Parking Ticket.pdf

[DragonFly1967]

Could you copy & paste the relevant sections of this post please, along with your answers back to this thread.

 

For now, do absolutely nothing else with this. Do not appeal, but wait for the NtK to come through your letterbox.

[dx100uk]

and remember it is not a fine!

 

only the police/courts/council can fine

 

this is a speculative invoice.

[silverfox1961]

Hmm! Interesting one this, I have looked at the site in question. Although the images I see are from 2016, I would assume the "NO PARKING" signs are still there. As this is a prohibitive condition, there can be no terms whatsoever for breaching the term. Only the landowner can begin an act for trespass as this is what it is.

 

On to the parking permit. Does it give you the right to park in the car park? Are there any visitor permits? Do you have to pay for a permit? Is there any parking terms in the lease?

[Bilali8]

Could you copy & paste the relevant sections of this post please, along with your answers back to this thread.

 

For now, do absolutely nothing else with this. Do not appeal, but wait for the NtK to come through your letterbox.

 

For a windscreen ticket (Notice To Driver) please answer the following questions....

 

1 The date of infringement? 25/03/18

2 Have you yet appealed to the parking company yet? [Y/N?] No

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] Not yet

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] N/A

 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process? N/A

[it is well known that parking companies will reject any appeal whatever the circumstances]

 

5 Who is the parking company? PCM - Parking Control Management (UK) ltd

6. where exactly [Carpark name and town] did you park? Lawrence Court - Woodford

[Bilali8]

Hmm! Interesting one this, I have looked at the site in question. Although the images I see are from 2016, I would assume the "NO PARKING" signs are still there. As this is a prohibitive condition, there can be no terms whatsoever for breaching the term. Only the landowner can begin an act for trespass as this is what it is.

 

On to the parking permit. Does it give you the right to park in the car park? Are there any visitor permits? Do you have to pay for a permit? Is there any parking terms in the lease?

 

I believe the logo on the signage is completely different to the one on the Notice.

 

I have asked about the permits, it seems each flat (9 flats in total) were given 2 visitors permits each. These permits have no start date, no expiry date, they are not paid for, and there are no parking terms in the lease as it is council owned I believe.

 

The car park was given to a third party company - PCM, who were the issuers of the permits.

 

I will post a picture of the permit tomorrow once I get it sent to me.

[silverfox1961]

For now, do nothing. She should wait until the Notice to Keeper (NTK) is sent. As this company are members of the IPC, she won't get a fair hearing nor will she get any help from the IAS when her appeal is rejected as the IPC and the IAS are cosy bedfellows. Under no circumstances should she admit to being the driver. Always say "The Driver" this is important IF PCM take court action.

 

The IPC do not follow the rules laid down in PoFA 2012 so when PCM do court, they are assuming the keeper is also the driver. This is not allowed but they play a numbers game in hoping that respondents cave in before court.

 

I'm not saying court action WILL happen. PCM are a large company and have issued many thousands of tickets. This year they took court action in 185 cases (so far) There is scant data that tells us how many were won or lost.

 

So, after my ramble, Wait for the NTK and then decide what to do after more advice

[ericsbrother]

Ok, firstly as advised, never appeal a ticket slapped on the car windscreen but wait for the NTK which has to arrive between 29 and 56 days after the event.

 

most small parking co's get the wording wrong and then you are halfway home. Also get some pictures of where the car was parked and the signs at the site.

 

If there isn't a specific term that says parking where the car was is a breach of contract then there isn't such a breach.

 

If it is a vague condition like no inconsiderate parking then that it down to conjecture and will be too vague in its meaning to form a contractual condition. A simple no parking as already said is not a genuine offer of a contract so theoretically the only way you can create a contract then is to agree to break it and that isnt legal either.

Edited April 1, 2018 by DragonFly1967
Paragraphs & spacing

[Bilali8]

Apologies this isn't the clearest picture but it can be made out.

My girlfriend just received this regarding this parking matter.

I've never seen this kind of letter before and it isn't the standard DRP rubbish that they send.

 

Guys, what do we do?

IMG-20180818-WA0018.pdf

[renegadeimp]

Ignore it. its just another threatogram. Notice the if and mays.

 

You ignore everything unless a letter before claim happens, and if they want to go ANYWHERE near court, they have to supply one.

[lookinforinfo]

Yes it is safe to ignore those idiots-never get in touch with them ever.

 

However we have not seen a copy of the Notice to Keeper that you should have received around May. Could you please upload it along with photos of all notices in the car park and the ticket machine if there is one but the NTK is the urgent one.

 

Could you please check with the local council to see if they have planning permission to erect signs in the carpark under the Town & Country planning Act [advertisements].

Edited August 19, 2018 by honeybee13
Paras

[ericsbrother]

this is known as a threatogram,

a letter sent out by a company paid to send scary letters with no authority to do anying else so can be completely and safely ignored.

 

However, it does raise the question as to whether she received a Notice to keeper from the parking co that arrived between 29 and 56 days after the parking event.

 

Also we havent seen the pictures of the sigange yet nor had details as to who owns the land (you say the council but please give us a little more info such as the estate address or postcode.

 

We can then ask the council whether such a contract exists between them and the parking co or whether the management of the estate has been farmed out and some management co have brought them in.

 

The latter is likely and doesnt actually create a right to be there so they cant legally enforce.

Edited August 20, 2018 by dx100uk
spacing