Free Traffic Legal Advice

Hi guys,

Another ticket from the Bishop’s Stortford contingent.

In summary, I have been paying monthly for a private parking bay underneath the block of flats where I lived until about a week ago, the bays are leased out by landlords for a fee, a permit is given to display in the car windscreen and a fob is provided to electronically open the gate to the car park.

I was moving out of the flat in question so drove my car to a nearby council run car park, and parked my uncle’s van in my bay to facilitate the move.

Unfortunately I left the permit in my car´s windscreen, in the council car park up the road.

Low and behold, this simple but unfortunate oversight has resulted in a £60 ´parking charge´ to be paid within 14 days/ £100 up to 28 days, thereafter increasing to the threatened sum of £170. This was notice issued by PCM (Parking Control Management U.K. Ltd.) on 30/04/25 for an alleged incident occurring on 28/04/25.

I know what these companies are like, and having had guidance from this forum in the past, despite me paying for and renting the bay, I am wholly expecting that to not be a ´legitimate reason´ in their eyes. They claim I am in contravention of their signage, “Parked without clearly displaying a valid PCM UK Ltd. permit at the time of enforcement¨, so am assuming they will not apply common sense that I already pay for there parking spot, and would rather take my cash.

I also have a friend who parked his new car in his rented bay in the same car park recently and had forgotten to move the permit from his old car to the new one. They cited the above, and ultimately he paid the amount demanded.

I concede I didn’t have the permit displayed, however since I already paid extortionate monthly rates for the bay, I am reluctant to pay for a fine for a bay which I already rented just for a slip of paperwork. I know that won’t fly with these chaps though so please tell me if there is anything I can do to get around this.

(Not sure if it’s any relevance, but I had to get the AA round since the van broke down and was stuck in that spot - it was however a couple of hours later than the time of this occurrence).

Also I haven’t yet responded to them in case there is a ´golden ticket´ that I’m not aware of. Also since I no longer live there I cannot take photos of the car park myself, I have asked a friend to do so, and will upload those pictures in addition to the letter, to the link below, when available.

Thank you

https://imgur.com/a/riverside-wharf-private-rented-bay-ticket-DSv5l57

There are in fact three points to challenge this. The first is that as long as the driver is not identified, they cannot transfer liability to the Keeper because the Notice to Keeper (NtK) is not compliant with PoFA paragraph 9(2)(a).

The second is that you can argue the case that loading and unloading is not parking as per Jopson v Homeguard (2016) [B9GF0A9E].

The third is whether PCMUK have a valid contract flowing from the landowner to actual operate and issue PCNs at the location.

If the Keeper has received the NtK, why on earth are you hesitant to "identify: the Keeper? They have your name and address. You don't have to give them a phone number but you can easily give them an email address. If you're an Apple user, just use 'Hide My Email' or create a new gmail address for use if you don't want to use your personal one.

For heavens sake... you never identify the driver. The driver is always liable but they have no idea who that is unless you blab it to them.

If the vehicle is registered to your uncle, then that is to whom the NtK is addressed and only he can respond. You can do it for him in his name if you want but you shouldn't identify the driver as there is absolutely no legal obligation to identify the driver to an unregulated private parking company.

"they" cannot "require" you to so anything. They are a poxy private company with no authority to compel anyone to do anything. The PCN is in the vehicle Keepers name and so only the Keeper can respond. If the Keeper wants to throw the driver under the bus, then they can name them and be done with it as far as they are concerned.

Ok thank you, have replied on my uncle’s behalf to which he agreed.

Just to be clear, do you mean that you signed it off as him, or you signed it of with your name but on his behalf?

If you have essentially appealed 'anonymously' with no name provided, they may well ignore the correspondence. Was any name/address provided?

It may be helpful to show us exactly what you sent.

I sent it 2nd class, no proof of postage unfortunately.
Perhaps I should send it again with proof of postage in case they dump it straight in the bin.

The letter is as follows:

"11th May 2025

This letter refers to the the postal notification of parking charge, PCN [XXXX], date of posting of notice: 28/04/2025, date of notice given: 30/05/2025.

At the time mentioned, the vehicle in question was temporarily using the bay, under permission of the rentee for the purposes of loading and unloading, this can be observed from the photograph taken by one of your agents which clearly shows the vehicle doors being open for the loading and unloading - clearly not parked. Since loading and unloading is not parking as per Jopson v Homeguard (2016) [B9GF0A9E], this “parking charge” is not applicable.

The rental contract of the bay, which was rented from [XXXX], along with rentee´s permission, are available should you request it.

If you have any further queries, please respond via letter.

Regards."

Thank you for your continued advice. I sent it by post since that was one of the options which was detailed on the form - if it’s better to do it on the website no worries I’ll paste it there too thank you.