PCN from PCM, ticketed me while permit was on dashboard but slightly askew Options

[Pchicken]

Hi all,

Yesterday I got an invoice from a company called PCM while parked in my rented flat's allocated bay. The permit was displayed on the dashboard but it the hologram was not showing. bay number and the address was showing.

Now they want £100 or £60 if paid within a fortnight. Just today they ticketed at least 10 other cars of long term residents. we had no parking issues before this company was hired in January; everyone parked in their numbered bay and there was no problem.

I have looked at the tenancy agreement and there's no mention of needing a parking permit.

This is what the tenancy agreement says:

Not to park any vehicle other than a currently taxed and adequately insured private motor vehicle or motorcycle on the Landlord’s property and such parking must be within designated parking areas.If a particular parking space has been allocated to you then you are not permitted to park any where other than your allocated parking space.

Vehicles are parked entirely at the owner’s risk and the Landlord does not accept liability for any damage caused to the vehicle, or by the vehicle to property or persons. Not to park any vehicles in excess of a UK Maximum Gross Weight of 3.5 tonnes on Landlord land.

Not to park or store caravans, trailers, boats or mobile homes on Landlord land; not to park such vehicles where it is likely they will cause a nuisance or annoyance.You agree that the Landlord shall be entitled to remove from the Landlord’s property and/or dispose of any vehicle belonging to the tenant which in the Landlord’s opinion is unroadworthy and/or unsafe and/or is not taxed or any vehicle parked in breach of this Tenancy Agreement and the Landlord shall be entitled to recover the costs of such removal from you.


but there's also this bit, which is confusing:

Estate or Scheme Regulations, Superior Lease & Planning Requirement


To comply with any specific regulations or restrictions that applies to the Premises, scheme, estate or communal areas from time to time. By way of example this might include restrictions in relation to the keeping of certain pets, vehicle restrictions or use of balconies.If such restrictions/regulations apply to the Premises, estate or communal areas you will be given a copy of such restrictions/regulations as a schedule to this tenancy agreement (as they apply at the time) and will subsequently be notified of any variations to such regulations/restrictions. Where such regulations/restrictions differ from any clause in this tenancy agreement the specific regulation/restriction will apply




What can I do to defend myself?

Thank you.

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[Dave65]

That`s the trouble when they deal with the troublesome parkers that they were brought in the deal with then no money coming in so, they go for the residents to fill their coffers.

Photos of signage will help and a copy of the invoice with personal data redacted but leave dates.

[ostell]

And have a go at the management company and get them to cancel. Insist with the management company that their contractors work on a whitelist, ie the parking company have a list of the VRMs of all the residents.

[Pchicken]

That`s the trouble when they deal with the troublesome parkers that they were brought in the deal with then no money coming in so, they go for the residents to fill their coffers.

Photos of signage will help and a copy of the invoice with personal data redacted but leave dates.

I will upload a pic of the sign later, right now I have uploaded pic of the invoice + one of their “evidence” which shows the permit on the left hand corner, but the operative stood so far back to take the picture so as to “not see” the permit. But it is still captured in their images.

And have a go at the management company and get them to cancel. Insist with the management company that their contractors work on a whitelist, ie the parking company have a list of the VRMs of all the residents.

Good idea. I will definitly do this and I will also encourage other residents to complain. These company only got the contract 1 month ago and they have ticketed nearly every car in the lot.

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[Half_way]

While your at it, make sure you check your lease/AST etc to ensure that you have a pre existing right to park

[Pchicken]

While your at it, make sure you check your lease/AST etc to ensure that you have a pre existing right to park

The tenancy agreement does not mention specific parking but every flat has a parking space with the flat number written on it. They verbally told me that’s my parking space. Every flat has one space.

[ostell]

OK so the keeper appeals so that the appeal arrives two days before day 28. The keeper has been handed the PCN and the signs are unclear and there us no requirement in the lease to display permit.The signs are unclear and incapable of creating a contract.

The idea is to get them to continue a conversation with the keeper and forget to issue a Notice to Keeper within 56 days or contact the DVLA. Either failure is a failure to comply with POFA and therefore no keeper liability.

[Pchicken]

OK so the keeper appeals so that the appeal arrives two days before day 28. The keeper has been handed the PCN and the signs are unclear and there us no requirement in the lease to display permit.The signs are unclear and incapable of creating a contract.

The idea is to get them to continue a conversation with the keeper and forget to issue a Notice to Keeper within 56 days or contact the DVLA. Either failure is a failure to comply with POFA and therefore no keeper liability.

Unfortunately I am not the RK, the vehicle is rental, also I should mention I contacted them in a moment of madness and “appealed” the ticket, using their pic as evidence that their attendant intentional refused to see the permit. Probably a mistake.

But is really scammy is the fact that in their picture, the guy stood over the permit (driver side) and took a picture and took a picture of the driving seat.

I stood in the same place and you can clearly see the permit if you look down at the dashboard.

Their picture


My picture




Standing in exactly the same spot.

[ostell]

Ignore until you get a notice to hirer.. very rarely do the get it correct to be able to hold the hirer luable