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Live cases legal advice => Private parking tickets => Topic started by: hypewilliams on August 21, 2025, 10:30:14 pm

Title: Re: PCM UK Ltd: PCN -Outside of Marked Bay– Fort Shopping Centre, Birmingham
Post by: WhoLetTheScamsOut on August 22, 2025, 08:53:37 pm
PCM ntk aren’t pofa 2012 compliant due to 8(e)(ii). They didn’t mention “and pass the notice on to the driver”.

Will this win at appeal and ias? Of course not.

But in court it will.

I had 2 court cases against PCM in 2023 and won both on that point. The first case did take a little time but at the end of it the judge ruled in my favour due to this. The second case as i was walking in the judge said i already had a winning point but due to procedures we had to the hearing rituals and what not but that hearing only lasted 30 seconds max.
Title: Re: PCM UK Ltd: PCN -Outside of Marked Bay– Fort Shopping Centre, Birmingham
Post by: DWMB2 on August 22, 2025, 08:08:34 pm
On appeal no, they don't make any money from accepting appeals. At the IAS probably not, as they're not impartial.

You'd have a fairer shake of the stick at court.
Title: Re: PCM UK Ltd: PCN -Outside of Marked Bay– Fort Shopping Centre, Birmingham
Post by: hypewilliams on August 22, 2025, 06:39:56 pm
Thank you for confirming. That point on it's own of no period of parking, is that sufficient on its own to win appeal?
Title: Re: PCM UK Ltd: PCN -Outside of Marked Bay– Fort Shopping Centre, Birmingham
Post by: b789 on August 22, 2025, 06:09:24 pm
Yes, the NtK is not PoFA compliant as there is no period of parking noted. Refer to Brennan v Premier Parking Solutions (2023) [H6DP632H] (https://www.dropbox.com/scl/fi/1b9rpna57dutsetdgwi60/Brennan-v-Premier-Parking-Plymouth-CC-Judgment-20230821-V-Final_-14.pdf?rlkey=203u1fav6fve811lz8cm8wpwx&st=npv828d2&dl=0) for the persuasive appellate case law.
Title: Re: PCM UK Ltd: PCN -Outside of Marked Bay– Fort Shopping Centre, Birmingham
Post by: hypewilliams on August 22, 2025, 05:40:23 pm
Thanks for reply and valid points why didnt park nose in first. Apparently was in out store quickly and not parked long which leads to

With a PoFA compliant Notice to Keeper (NtK) and no obvious answer to the question above
is it still relevant for PoFA that NtK only mentions a specific time and not time period?
Title: Re: PCM UK Ltd: PCN -Outside of Marked Bay– Fort Shopping Centre, Birmingham
Post by: b789 on August 22, 2025, 02:09:24 pm
It begs the question as to why the driver didn't simply park nose in?

Even if there was a plausible reason for reverse parking into that space, why didn't the driver remove the wheelchair and then reverse the car properly into the bay?

With a PoFA compliant Notice to Keeper (NtK) and no obvious answer to the question above, I would suggest that the Keeper is liable if the driver is not identified.
Title: PCM UK Ltd: PCN -Outside of Marked Bay– Fort Shopping Centre, Birmingham
Post by: hypewilliams on August 21, 2025, 10:30:14 pm
Hi,grateful for any advice if can appeal this.

"Parked outside of the confines of a Marked bay"

Car parked in between lines but is forward over line as driver needed space at rear to get wheel chair out. Person not disabled as acute injury fracture which will heal in several weeks so not permanent disability needing blue badge.

Thanks