Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: FearVolhyrr on June 02, 2025, 06:16:46 pm

Title: Re: Fine - PCM - Parked without permit - Residential area
Post by: FearVolhyrr on September 01, 2025, 03:31:23 pm
I have received a response, however I seem to be unable to attach anything to my post here, any ideas what is going on?
In order to ensure the site remains free of charge, we have very limited space for uploads, which is why the thread titled "READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)" advises using a third party service such as Imgur to add images etc. - if you are unable to upload directly to here, it's likely due to the upload limit being reached.

Ah okay, that makes sense!

Hopefully the above text insert from the letter is okay, if not, I'll upload the same doc I received.
Title: Re: Fine - PCM - Parked without permit - Residential area
Post by: DWMB2 on September 01, 2025, 02:06:10 pm
I have received a response, however I seem to be unable to attach anything to my post here, any ideas what is going on?
In order to ensure the site remains free of charge, we have very limited space for uploads, which is why the thread titled "READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)" advises using a third party service such as Imgur to add images etc. - if you are unable to upload directly to here, it's likely due to the upload limit being reached.
Title: Re: Fine - PCM - Parked without permit - Residential area
Post by: FearVolhyrr on September 01, 2025, 02:01:26 pm
Hi,

I have received a response, however I seem to be unable to attach anything to my post here, any ideas what is going on? Noticed FTLA was down yesterday also, maybe something gone wrong on the site?

I'll copy the text here anyway (received on 14th day after my email):


Dear Mr [DAD],
RE: [PCN NUMBER] | Complaint Reference: [...]

I am writing to you today regarding your recent correspondence concerning the above Parking Charge Notice (PCN). At this
time, I have performed a full investigation into this matter.

To begin, I can confirm that your wife’s name was not provided to [DEBT COLLECTOR] by ourselves, nor has it ever been
held on our system for this PCN.

A full investigation was conducted to determine when your wife’s name was attached to the case, and it has been found
that when [DEBT COLLECTOR] performed a check (called ‘tracing’) to confirm the contact details held were still valid, the company they use to supply this information has responded back with your wife’s details.

This appears to be due to a joint account that was held by both of you, thus attaching her name to yours and in turn, the
case. Historically, tracing a joint account has never returned the details of the other party and therefore, while I can confirm that this data should not have been provided by the tracing company, it does appear to be an isolated incident.

Due to the anomalous response, which has never occurred previously, [DEBT COLLECTOR] will now be investigating with their tracing provider to ascertain why it has occurred. As it stands, I have instructed them to remove your wife’s data from the case and I can confirm that only you, as the keeper of the vehicle, are being held liable for this charge.

Yours Sincerely,
[DPO at PCM]
Title: Re: Fine - PCM - Parked without permit - Residential area
Post by: FearVolhyrr on August 15, 2025, 10:34:54 pm
This situation raises immediate red flags regarding data handling and liability. If the debt recovery letter is addressed to your mother, who is not the registered keeper, this is procedurally suspect. If she was not the driver and not the registered keeper, PCM has no lawful basis to pursue her unless she was explicitly named as driver and accepted liability.

Was your mother ever named in correspondence or online appeal as the driver? Does the letter reference the original PCN number and vehicle registration? Is your mother's name on the V5C (vehicle logbook)?

I would suggest the Keeper complains (preferably by email) to PCM and CC the DPO and yourself with the following:

Quote
Subject: Formal Notice – Unlawful Disclosure of Personal Data and Procedural Misconduct

To: Parking Control Management (UK) Ltd 
Re: PCN Reference [Insert Reference] – Vehicle Registration [Insert VRM]

You are hereby put on notice of a serious data protection breach and procedural irregularity in your handling of the above-referenced PCN.

The initial appeal was submitted by the registered keeper, whose name and address you obtained via DVLA under Regulation 27(1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002. No IAS appeal was submitted. At no point was any other individual named or identified as the driver.

Despite this, you have now caused a third-party debt recovery agent—TRACE—to send a letter to my wife, who is neither the registered keeper nor the driver. She has no connection to this matter and has never communicated with you. This is a blatant breach of the UK GDPR and a misuse of personal data.

You are required to respond within 14 days with:

1. The lawful basis under Article 6 of UK GDPR for processing and disclosing her personal data.
2. The source of her personal data* including any alleged justification for its use.
3. Confirmation of immediate erasure of her data under Article 17 (Right to Erasure).
4. A full explanation of how this breach occurred, including whether TRACE obtained her details from you or another source.
5. Confirmation that all future correspondence will be directed solely to the registered keeper, unless you can lawfully establish driver liability.

This breach will be reported to the Information Commissioner’s Office (ICO) and may be cited in any future costs application should this matter escalate. You are reminded that as data controller, you are fully liable for the actions of your agents under the accountability principle.

Any attempt to shift blame to TRACE will be treated as an admission of failure to control data processors under Article 28.

Yours sincerely, 

[Full Name of Registered Keeper] 
Registered Keeper of Vehicle [VRM]

Can confirm I have now sent this to them with relevant edits.

Will update once I get a response!
Title: Re: Fine - PCM - Parked without permit - Residential area
Post by: FearVolhyrr on August 15, 2025, 10:24:37 pm
Before you send anything, it would be wise to clarify here exactly what has been sent by whom and when (including correspondence sent by you/others to the parking company), so that we can understand how they came to be in possession of her name in the first place.

Hello again, and thank you for your reply.

Correspondence from 'us' (my father and I):
- Initial appeal as registered keeper, no mention of my mother, simply copied and pasted the template higher up in this forum page.
- Later I sent the IAS template, but that was directly to PCM, given the IAS deadline had passed at that point. Again, no mention at all of my mother.

Correspondence from 'them' (PCM):
- Initial PCN to my father, the registered keeper, no mention of my mother.
- They then replied to the initial appeal, addressing my father as 'Mr [surname], no mention of my mother.
- There was then a non-payment reminder, demanding the higher amount given 14 days had elapsed since the initial pcn/appeal. Addressed to Mr [surname]. No mention of my mother.
- Finally, the most recent letter from Trace Debt collectors addressing my mother this time.

Summary
I've never mentioned my mother, she is not at all related to the vehicle, she has never been mentioned by PCN, Trace is now addressing her for a 'debt' she has no involvement.
Title: Re: Fine - PCM - Parked without permit - Residential area
Post by: jfollows on August 15, 2025, 10:18:25 pm
Data Protection Officer
Title: Re: Fine - PCM - Parked without permit - Residential area
Post by: FearVolhyrr on August 15, 2025, 10:17:18 pm
This situation raises immediate red flags regarding data handling and liability. If the debt recovery letter is addressed to your mother, who is not the registered keeper, this is procedurally suspect. If she was not the driver and not the registered keeper, PCM has no lawful basis to pursue her unless she was explicitly named as driver and accepted liability.

Was your mother ever named in correspondence or online appeal as the driver? Does the letter reference the original PCN number and vehicle registration? Is your mother's name on the V5C (vehicle logbook)?

I would suggest the Keeper complains (preferably by email) to PCM and CC the DPO and yourself with the following:

Quote
Subject: Formal Notice – Unlawful Disclosure of Personal Data and Procedural Misconduct

To: Parking Control Management (UK) Ltd 
Re: PCN Reference [Insert Reference] – Vehicle Registration [Insert VRM]

You are hereby put on notice of a serious data protection breach and procedural irregularity in your handling of the above-referenced PCN.

The initial appeal was submitted by the registered keeper, whose name and address you obtained via DVLA under Regulation 27(1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002. No IAS appeal was submitted. At no point was any other individual named or identified as the driver.

Despite this, you have now caused a third-party debt recovery agent—TRACE—to send a letter to my wife, who is neither the registered keeper nor the driver. She has no connection to this matter and has never communicated with you. This is a blatant breach of the UK GDPR and a misuse of personal data.

You are required to respond within 14 days with:

1. The lawful basis under Article 6 of UK GDPR for processing and disclosing her personal data.
2. The source of her personal data* including any alleged justification for its use.
3. Confirmation of immediate erasure of her data under Article 17 (Right to Erasure).
4. A full explanation of how this breach occurred, including whether TRACE obtained her details from you or another source.
5. Confirmation that all future correspondence will be directed solely to the registered keeper, unless you can lawfully establish driver liability.

This breach will be reported to the Information Commissioner’s Office (ICO) and may be cited in any future costs application should this matter escalate. You are reminded that as data controller, you are fully liable for the actions of your agents under the accountability principle.

Any attempt to shift blame to TRACE will be treated as an admission of failure to control data processors under Article 28.

Yours sincerely, 

[Full Name of Registered Keeper] 
Registered Keeper of Vehicle [VRM]

Can confirm my mother has NEVER been mentioned in any emails/responses/anything to either the debt company or PCM themselves.

I am bewildered as to why and how they have gone after her instead of my father.

I will send your response, can you just clarify what you mean by DPO, want to ensure I'm ccing all recommended parties. I'm assuming its a reference to the Debt collector?

Thank you again for all your support!
Title: Re: Fine - PCM - Parked without permit - Residential area
Post by: DWMB2 on August 13, 2025, 05:32:18 pm
Before you send anything, it would be wise to clarify here exactly what has been sent by whom and when (including correspondence sent by you/others to the parking company), so that we can understand how they came to be in possession of her name in the first place.
Title: Re: Fine - PCM - Parked without permit - Residential area
Post by: b789 on August 13, 2025, 05:28:44 pm
This situation raises immediate red flags regarding data handling and liability. If the debt recovery letter is addressed to your mother, who is not the registered keeper, this is procedurally suspect. If she was not the driver and not the registered keeper, PCM has no lawful basis to pursue her unless she was explicitly named as driver and accepted liability.

Was your mother ever named in correspondence or online appeal as the driver? Does the letter reference the original PCN number and vehicle registration? Is your mother's name on the V5C (vehicle logbook)?

I would suggest the Keeper complains (preferably by email) to PCM and CC the DPO and yourself with the following:

Quote
Subject: Formal Notice – Unlawful Disclosure of Personal Data and Procedural Misconduct

To: Parking Control Management (UK) Ltd 
Re: PCN Reference [Insert Reference] – Vehicle Registration [Insert VRM]

You are hereby put on notice of a serious data protection breach and procedural irregularity in your handling of the above-referenced PCN.

The initial appeal was submitted by the registered keeper, whose name and address you obtained via DVLA under Regulation 27(1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002. No IAS appeal was submitted. At no point was any other individual named or identified as the driver.

Despite this, you have now caused a third-party debt recovery agent—TRACE—to send a letter to my wife, who is neither the registered keeper nor the driver. She has no connection to this matter and has never communicated with you. This is a blatant breach of the UK GDPR and a misuse of personal data.

You are required to respond within 14 days with:

1. The lawful basis under Article 6 of UK GDPR for processing and disclosing her personal data.
2. The source of her personal data* including any alleged justification for its use.
3. Confirmation of immediate erasure of her data under Article 17 (Right to Erasure).
4. A full explanation of how this breach occurred, including whether TRACE obtained her details from you or another source.
5. Confirmation that all future correspondence will be directed solely to the registered keeper, unless you can lawfully establish driver liability.

This breach will be reported to the Information Commissioner’s Office (ICO) and may be cited in any future costs application should this matter escalate. You are reminded that as data controller, you are fully liable for the actions of your agents under the accountability principle.

Any attempt to shift blame to TRACE will be treated as an admission of failure to control data processors under Article 28.

Yours sincerely, 

[Full Name of Registered Keeper] 
Registered Keeper of Vehicle [VRM]
Title: Re: Fine - PCM - Parked without permit - Residential area
Post by: FearVolhyrr on August 13, 2025, 04:42:53 pm
Did you appeal to the IAS? If so, you should have heard back from this before hearing from debt collectors.

Quote
NOTE: the letter is addressed to my mum  :D
By her full name, or does it just say "Mrs/Ms FearVolhyrr" instead of "Mr FearVolhyrr"?

Thank you for your reply!

Didn't submit to the IAS in time (i.e. within 28days), so decided not to submit after that assuming I couldn't.

Re my mum being mentioned, they have addressed to her in full.

Ms [first name] [middle name] [last name], with no mention of my father. 
Title: Re: Fine - PCM - Parked without permit - Residential area
Post by: DWMB2 on August 13, 2025, 10:26:42 am
Did you appeal to the IAS? If so, you should have heard back from this before hearing from debt collectors.

Quote
NOTE: the letter is addressed to my mum  :D
By her full name, or does it just say "Mrs/Ms FearVolhyrr" instead of "Mr FearVolhyrr"?
Title: Re: Fine - PCM - Parked without permit - Residential area
Post by: FearVolhyrr on August 13, 2025, 10:20:01 am
We don't normally bother with IAS but I suggest you send the following, even if it us just to frustrate them and forcing them to pay for the appeal or concede:

Quote
I am the registered keeper of the vehicle. I deny any liability for this parking charge and appeal in full.

The parking operator bears the burden of proof. It must establish that a contravention occurred, that a valid contract was formed between the operator and the driver, and that it has lawful authority to operate and issue Parking Charge Notices (PCNs) in its own name. I therefore require the operator to provide the following:

1. Strict proof of clear, prominent, and adequate signage that was in place on the date in question, at the exact location of the alleged contravention. This must include a detailed site plan showing the placement of each sign and legible images of the signs in situ. The operator must demonstrate that signage was visible, legible, and compliant with the IPC Code of Practice that was valid at the time of the alleged contravention, including requirements relating to font size, positioning, and the communication of key terms.

2. Strict proof of a valid, contemporaneous contract or lease flowing from the landowner that authorises the operator to manage parking, issue PCNs, and pursue legal action in its own name. I refer the operator and the IAS assessor to Section 14 of the PPSCoP (Relationship with Landowner), which clearly sets out mandatory minimum requirements that must be evidenced before any parking charge may be issued on controlled land.

In particular, Section 14.1(a)–(j) requires the operator to have in place written confirmation from the landowner which includes:

• the identity of the landowner,
• a boundary map of the land to be managed,
• applicable byelaws,
• the duration and scope of authority granted,
• detailed parking terms and conditions including any specific permissions or exemptions,
• the means of issuing PCNs,
• responsibility for obtaining planning and advertising consents,
• and the operator’s obligations and appeal procedure under the Code.

These requirements are not optional. They are a condition precedent to issuing a PCN and bringing any associated action. Accordingly, I put the operator to strict proof of compliance with the entirety of Section 14 of the PPSCoP. Any document that contains redactions must not obscure the above conditions. The document must also be dated and signed by identifiable persons, with evidence of their authority to act on behalf of the parties to the agreement. The operator must provide an agreement showing clear authorisation from the landowner for this specific site.

3. Strict proof that the enforcement mechanism (e.g. ANPR or manual patrol) is reliable, synchronised, maintained, and calibrated regularly. The operator must prove the vehicle was present for the full duration alleged and not simply momentarily on site, potentially within a permitted consideration or grace period as defined by the PPSCoP.

4. Strict proof that the Notice to Keeper complies with the Protection of Freedoms Act 2012 (PoFA), if the operator is attempting to rely on keeper liability. Any failure to comply with the mandatory wording or timelines in Schedule 4 of PoFA renders keeper liability unenforceable.

5. The IAS claims that its assessors are “qualified solicitors or barristers.” Yet there is no way to verify this. Decisions are unsigned, anonymised, and unpublished. There is no transparency, no register of assessors, and no way for a motorist to assess the legal credibility of the individual supposedly adjudicating their appeal. If the person reading this really is legally qualified, they will know that without strict proof of landowner authority (VCS v HMRC [2013] EWCA Civ 186), no claim can succeed. They will also know that clear and prominent signage is a prerequisite for contract formation (ParkingEye v Beavis [2015] UKSC 67), and that keeper liability under PoFA is only available where strict statutory conditions are met.

If the assessor chooses to overlook these legal requirements and accept vague assertions or redacted documents from the operator, that will speak for itself—and lend further weight to the growing concern that this appeals service is neither independent nor genuinely legally qualified.

In short, I dispute this charge in its entirety and require full evidence of compliance with the law, industry codes of practice, and basic contractual principles.

Hello Bud,

Thanks for all your help so far.

Thought I'd update you with the latest letter.

As expected, they've referred it to a debt agency.

Have attached the letter.

NOTE: the letter is addressed to my mum  :D

She has nothing to do with this at all, so does this even count as correspondence to my father given the wrong person is named. What a joke!

As per previous discussion, assuming we just ignore this?
Title: Re: Fine - PCM - Parked without permit - Residential area
Post by: b789 on July 02, 2025, 12:16:05 pm
We don't normally bother with IAS but I suggest you send the following, even if it us just to frustrate them and forcing them to pay for the appeal or concede:

Quote
I am the registered keeper of the vehicle. I deny any liability for this parking charge and appeal in full.

The parking operator bears the burden of proof. It must establish that a contravention occurred, that a valid contract was formed between the operator and the driver, and that it has lawful authority to operate and issue Parking Charge Notices (PCNs) in its own name. I therefore require the operator to provide the following:

1. Strict proof of clear, prominent, and adequate signage that was in place on the date in question, at the exact location of the alleged contravention. This must include a detailed site plan showing the placement of each sign and legible images of the signs in situ. The operator must demonstrate that signage was visible, legible, and compliant with the IPC Code of Practice that was valid at the time of the alleged contravention, including requirements relating to font size, positioning, and the communication of key terms.

2. Strict proof of a valid, contemporaneous contract or lease flowing from the landowner that authorises the operator to manage parking, issue PCNs, and pursue legal action in its own name. I refer the operator and the IAS assessor to Section 14 of the PPSCoP (Relationship with Landowner), which clearly sets out mandatory minimum requirements that must be evidenced before any parking charge may be issued on controlled land.

In particular, Section 14.1(a)–(j) requires the operator to have in place written confirmation from the landowner which includes:

• the identity of the landowner,
• a boundary map of the land to be managed,
• applicable byelaws,
• the duration and scope of authority granted,
• detailed parking terms and conditions including any specific permissions or exemptions,
• the means of issuing PCNs,
• responsibility for obtaining planning and advertising consents,
• and the operator’s obligations and appeal procedure under the Code.

These requirements are not optional. They are a condition precedent to issuing a PCN and bringing any associated action. Accordingly, I put the operator to strict proof of compliance with the entirety of Section 14 of the PPSCoP. Any document that contains redactions must not obscure the above conditions. The document must also be dated and signed by identifiable persons, with evidence of their authority to act on behalf of the parties to the agreement. The operator must provide an agreement showing clear authorisation from the landowner for this specific site.

3. Strict proof that the enforcement mechanism (e.g. ANPR or manual patrol) is reliable, synchronised, maintained, and calibrated regularly. The operator must prove the vehicle was present for the full duration alleged and not simply momentarily on site, potentially within a permitted consideration or grace period as defined by the PPSCoP.

4. Strict proof that the Notice to Keeper complies with the Protection of Freedoms Act 2012 (PoFA), if the operator is attempting to rely on keeper liability. Any failure to comply with the mandatory wording or timelines in Schedule 4 of PoFA renders keeper liability unenforceable.

5. The IAS claims that its assessors are “qualified solicitors or barristers.” Yet there is no way to verify this. Decisions are unsigned, anonymised, and unpublished. There is no transparency, no register of assessors, and no way for a motorist to assess the legal credibility of the individual supposedly adjudicating their appeal. If the person reading this really is legally qualified, they will know that without strict proof of landowner authority (VCS v HMRC [2013] EWCA Civ 186), no claim can succeed. They will also know that clear and prominent signage is a prerequisite for contract formation (ParkingEye v Beavis [2015] UKSC 67), and that keeper liability under PoFA is only available where strict statutory conditions are met.

If the assessor chooses to overlook these legal requirements and accept vague assertions or redacted documents from the operator, that will speak for itself—and lend further weight to the growing concern that this appeals service is neither independent nor genuinely legally qualified.

In short, I dispute this charge in its entirety and require full evidence of compliance with the law, industry codes of practice, and basic contractual principles.
Title: Re: Fine - PCM - Parked without permit - Residential area
Post by: FearVolhyrr on July 02, 2025, 10:54:25 am
Thank you!

I did submit the appeal with the letter you provided.

As you correctly stated, they have rejected the appeal. I will upload said rejection with this reply.

They insist they are compliant with PoFA 2012, and are even going as far as to misuse Elliott v Loake to further intimidate my elderly father. It also looks like they've completely ignored why they aren't PoFA compliant (i.e. their failure to include a keeper liability statement).

I'm keen to battle this as I don't want this bully corporate to win.

Given your comment RE debt collectors, I'm assuming we just don't bother with the IAS and just let them pursue further at this stage?

[attachment deleted by admin]
Title: Re: Fine - PCM - Parked without permit - Residential area
Post by: b789 on June 03, 2025, 01:17:10 am
The Parking Charge Notice (PCN) is not fully compliant with PoFA 2012 paragraph 9(2)(a) and cannot evidence that any contract was formed with the driver. This can be fought but will be a protracted affair as no appeal is going to succeed. It will end in about nine months to a year+ when they try to litigate the matter.

The driver is the only party liable for the charge and they cannot transfer liability to the Keeper because of the PoFA failure. There is no evidence that the vehicle was parked for longer than the minimum consideration period for a contract to have been formed.

So, all you can do for now is submit and appeal, only as the Keeper, wait for the rejection and ignore the useless debt recovery letters. Debt collectors are powerless to do anything except to try and persuade the low-hanging fruit on the gullible tree to pay up out of ignorance and fear.

When you receive a Letter of Claim (LoC), come back and we will advise on the next steps. For now, simply appeal only as the Keeper with the following:

Quote
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. PCM has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. PCM have no hope should you try and litigate, so you are urged to save us both a complete waste of time and cancel the PCN.
Title: Re: Fine - PCM - Parked without permit - Residential area
Post by: FearVolhyrr on June 02, 2025, 07:54:09 pm
Apologies, I've attached to my reply here and will update the original post too.

[attachment deleted by admin]
Title: Re: Fine - PCM - Parked without permit - Residential area
Post by: jfollows on June 02, 2025, 06:41:41 pm
Give us the dates back on the PCN, please!
Title: Re: Fine - PCM - Parked without permit - Residential area
Post by: FearVolhyrr on June 02, 2025, 06:20:25 pm
Attaching the last three pictures here.

[attachment deleted by admin]
Title: Fine - PCM - Parked without permit - Residential area
Post by: FearVolhyrr on June 02, 2025, 06:16:46 pm
Hi all,

Father has received a PCN from PCN, following his vehicle being parked in a residential area without a valid permit.

Here is the situation:

The mechanic picked up the van  and took it over to get the MOT done. At some point during this time, either the mechanic or someone else at the garage must have parked the van over the road, where the inspector has then put a fine on.

Previously, this location was not a permit only area. The permit signs have only recently gone up, and there are no road markings (see the pictures to confirm).

We've tried talking to the garage to get them to own up to it, but as expected they've palmed it off saying they're unsure who is to blame.

Rather than take that route, I'm thinking we can probably appeal the fine due to the lack of pictures taken by the inspector (nothing showing the front of my dad's van's wheels and where they meet the road); or, the lack of visual markers (there is a tiny sign on a lamppost, no road markings at all).

What do you think?

[attachment deleted by admin]