PCM Parking Charge Notice

[bobosh13]

Hi all,

Got a ticket from PCM for my vehicle being parked in a Resident Permit holder area of the block of flats. The driver was delivering some items to a flat in the block and by the time they came back out there was a ticket on the windscreen.

As the registered keeper of the vehicle, I appealed the ticket saying the driver was not given enough time to display the permit, as they had gone to the flat to get the permit from the owner.

The photos they have taken as evidence have about 6 minutes from the first photo taken to the last one.

Appeal was refused by PCM saying I have not identified the driver.

Attaching redacted pictures.

I remember there was a time when we could appeal through POPLA. I have reappealed saying I don't have to identify the driver and explained that the driver wasn't given enough time.

Please could someone advise what the best course of action here is?

[des8]

If it was I, and assuming I was the registered keeper, I would await the Notice to Keeper and not communicate with them at all until that time.
As Keeper you will be able to appeal, and when that appeal is declined you can appeal to the not so independent IAS.
Following that you may defend a court claim, which doubtlessly will be on basis of breach of contract.
However there does not appear to be an offer to contract within that signage, so you probably have a good chance of winning.

When you receive the NTK post it up if you want advice.
Whatever you do, do not identify the driver

[bobosh13]

If it was I, and assuming I was the registered keeper, I would await the Notice to Keeper and not communicate with them at all until that time.
As Keeper you will be able to appeal, and when that appeal is declined you can appeal to the not so independent IAS.
Following that you may defend a court claim, which doubtlessly will be on basis of breach of contract.
However there does not appear to be an offer to contract within that signage, so you probably have a good chance of winning.

When you receive the NTK post it up if you want advice.
Whatever you do, do not identify the driver

Thanks for the advice. Will wait for the NTK. Not quite sure what it means when you say "... defend a court claim, ...on basis of breach of contract." - who is breaching the contract? What contract . Sorry if I am being a bit thick here.

[des8]

DCB Legal standard court claim is that a parking charge became due as the driver breached the contract as written on the signs.
Usually one goes to a car park and there is a notice saying how much or free for a period as well as other terms and conditions e.g. park only in the marked bays.
In those cases there is an offer for the driver to park, and by parking the driver agrees to the terms i.e. a contract

In your case I see no offer to park, so there is no contract.
If any charge is being made it must be a penalty for trespass, and that is not something that the parking company can levy.
Only the occupier of land can sue for trespass, and then only for damages