PCM 2*ANPR PCN's - gym terminal faulty? - overstay - JD Gym - Manningham Retail Park, Bradford

[lookinforinfo]

It doesn't say on any of their signs that parking is available for three hours with the gym. can you prove that. Also how does the gym get the info to UKPCM which motorists did sign their register. 

Could it be a case that you entered your reg. number wrong or the gym when sending your reg. number to PCM made a mistake/.?

[lookinforinfo]

You are still just within the two week period so you could still pay the £60 reduced fee. If the gym says you could pay £30 then they have more juice with PCM than they have indicated before.

If it was the case that you had got the reg. number wrong then paying £30 might be worth getting rid of the whole  situation that is ahead of you.

The only reason you get free parking is in exchange for observing the T&CS. The parking companies know that they have included in their contracts little points that make it almost impossible for some motorists to avoid breaking those T&Cs. Then they have to cough up around £100.

That is so much more profitable than collecting one or two pounds per motorist then employing people to go round to each car park to collect, count and bank the cash .

I am not saying that even if it was your mistake, and as yet that is by no means certain, that you should cough up since there  may be  other factors that could avoid you having to pay anything should it go to Court. But  it would have it all over and done with .

 

Are you able to show how you qualify for the extra hour?  Something like a letter from the gym stating that?

I have just noticed on your first post that you said you didn't enter your details on the gym's tablet which would mean that UKPCM were right in charging you £100.  Whether they have the necessary requirements in law to do that we do not know yet.

 

 

 

 

[lookinforinfo]

I notice you are trying to claim your dad's PCN arrived late. From the time of the date on the PCN it is deemed to have arrived two working days later which is what a Court would agree unless you can prove that it was late and I don't think that postal delivery strikes will alter the two day rule so you will have to come up with a different argument.

 

Such as the PCN is not compliant with PoFA because

1] on the PCN the words below  in brackets were not included.

(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

2] the maximum that can be charged is £100 and they are threatening £170 

3] they also state that this is inclusive of recovery action which is NOT in accordance with Schedule 4.

4] they have failed to specify the parking period. While they have mentioned the arrival and departure times on the photos this is not the same thing since their times include driving from the entrance to a parking spot and driving from the parking spot later to drive out of the car park. So the driving part inside the car park cannot be included in the parking period.

 

[lookinforinfo]

Telling them who the driver was will not end the situation and their bill will be £100 Not telling them the driver's name will lead to the same length of time to come to a conclusion as not telling them but with a much better chance of not paying a penny.

 

Reason being that the PCN does not comply with the Protection of Freedoms  Act 2012 and therefore your father cannot be held liable for the charge . Only the driver can and as thousands of drivers are allowed to drive other people's cars  they will have a hard job  trying to get a win in Court  should it ever get that far.

The important thing is not to give them the name of the driver.

[lookinforinfo]

I note you said that you informed the rogues that your father was not driving his car that day and that the PCN was out of time.

The PCN would have been addressed to your father so I hope  that even if you wrote the letter your Father signed it. if it was you then UKPC were probably right in continuing to pursue him. Who signed the letter please/

Afraid you are wrong on the PCN being out of date. If it was posted on the 22nd it is deemed to have arrived two working days later which would have been well within the 14 days. That is not to say that the PCN was compliant with the protection of Freedoms Act 2012 because it wasn't.

Under Schedule4 S9 [2][a] it states  

(2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

There is no period of parking mentioned just the arrival and departure times which is not the same thing as the parking period. Driving from the entrance to the parking spot and later from the parking spot to the exit  means that the car was not parked during those times.

Another fail is where the PCN states that they can charge for recovery action in accordance with Schedule 4 . It is nothing of the sort. In fact Schedule 4 S9 [f] 

(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

The amount mentioned under paragraph d is the amount stated on the signage. There is no mention in the Act of any additional charges being allowed and Courts throw out those extra spurious costs. They have also missed out the wording in brackets above which is a further breach of the Act.

What this means is that your father cannot be held responsible for the debt only the driver can.

So it would help if your father had signed the letter to UKPC since if he had, there was no reason for Trace to have been informed as that would be a breach of your Father's GDPR.