Parking Charge Notice from PCM UK LtD

[Septka]

I am challenging PCN ticket from PCM UK Ltd from my own parking bay, which my housing association has allocated to me, through my Tenancy Agreement, where one of the clause mentioned a free parking with no restriction to the tenant within the landlord parking bay.
PCM UK is pretending looking after this site and issued 5 tickets in my car since January 2024. I have challenged them and they sent me a Notice of Keeper. I did challenge their Notice of Keeper and they rejected.
Therefore, I am a stage of appealling again through the IAS by showing my tenancy agreement and its clauses, but also, that the operator cannot proof that it is holding a responsability over the leashold or the land.
Could you, advice me any appeal letter to the IAS?

[des8]

Does your Tenancy Agreement say anything at all about a parking company monitoring or managing the site?

On the assumption your answer is "no" why bother appealing (?) to IAS.
They are not independent and will most likely find in favour of CPM

CPM are persistent b*****S, so be prepared for a long haul.
Similar case to yours is featured here: https://legalbeagles.info/forums/for...wn-space/page3

[Septka]

Hi Thank you DES8 coming back to my Threads. Yes my tenancy agreement about the parking as never mentioned any parking company monitoring. Please see clause 22 attached
As the IAS decision is not binding on me, when they reject (I have uploaded 3 PCM rejected appeal in total of 5 tickets) my appeal, what would be the next stage for me to follow. To be prepare for Court, as I am expecting.

[des8]

The clause does state "...only in the manner permitted or required by the landlord..." and clause 25 states "to comply with all regulations made by the association..."

Presumably the landlord has never given notice of regulations or directions regarding parking.

When IAS reject your appeal, you will be requested to pay the charge.
When you ignore they may set debt collectors onto you.
When they are ignored they may initiate a court claim, which you may defend.
If they go this far, it is possible they will discontinue the claim before the hearing.

[Septka]

Thank you, for your assistance and help. It is appreciated.

Hence, I will ignore the debt collectors and see how far they can go in order to initiate a Court Claim. For your information, I did win same case against OPC. Do you know, where I can get that County Court Claim, please?

Money Claim Online 15^th/08/2011
Northampton County Court
21-27 St Katharine’s Street
Northampton
NN21 2LH


Ref: County Court/Claim 1QT82042

[des8]

County court records of cases are only kept 7 years max and then destroyed

[Septka]

Thank you for your update. I will keep you updated on the IAS decision

[Septka]

Hi DES8,

The IAS has rejected all my appeals with the below, statement.

"The Appellant should understand that the Adjudicator is not in a position to give legal advice to either of the parties but they are entitled to seek their own independent legal advice. The Adjudicator's role is to consider whether or not the parking charge has a basis in law and was properly issued in the circumstances of each individual case. In all Appeals the Adjudicator is bound by the relevant law applicable at the time and is only able to consider legal challenges and not factual mistakes nor extenuating or mitigating circumstances. Throughout this appeal the Operator has had the opportunity consider all points raised and could have conceded the appeal at any stage. The Adjudicator who deals with this Appeal is legally qualified and each case is dealt with according to their understanding of the law as it applies and the legal principles involved. A decision by an Adjudicator is not legally binding on an Appellant who is entitled to seek their own legal advice if they so wish.
The signage at this site is prominent, clear and unequivocal in its terms; vehicles must display a valid PCM permit in the windscreen. The permit the Appellant's vehicle was displaying expired on the 30th September 2021.
There is nothing else to determine in this case.
I am satisfied that the operator has established that the Parking Charge was properly issued in accordance with the law and therefore this appeal has to be dismissed"

[des8]

....but IAS did not examine if CPM have authority to make those parking in their own space display one of CPM's permits1

Anyway, result as expected, and now you will receive more requests for payment prior probably to a court claim

[Septka]

No the IAS did not examine if PCM had authority, but also ignore my appeal letters and the tenancy agreement. Hence, now I will follow your advice and ignore their payment and let them set a debt collector.
In fact I don't need to respond to the debt collector letter too, as you did advice me in prior correspondence.

[des8]

If you are sent a "Letter before Claim/Action" you should respond as that is the beginning of the court process.

[Septka]

Hi DES8,

I just received 5 Final Reminders of PCM, which are more request for payment. But I will wait until receiving a Letter Before Claim/Action.

Thanks