Author Topic: No PCN just straight to Debt Recovery (Read 316 times)

Ermie2 · « **on:** December 21, 2025, 10:18:57 am »

On October 23rd, I parked the car I am registered keeper of at a local town leisure facility to watch a film. I parked in bays outside the facility for more than 2 hours, it now seems. I have a vague recollection that I checked signage before parking in the end space. I also have a though that maybe we were asked to sign our car in on a tablet so as to get free parking for the duration.
I heard nothing until December 19th when I got a letter (dated 15th December) from Trace Debt Recovery asking for £170.
Their client at Parking Control Management UK Limited had instructed Trace Debt Recovery to seek payment within 14 days of their letter, because I had paid the charges owed to them detailed in letters they say PCM UK Ltd had sent.
Needless to say perhaps but I had not received anything from PCM UK Ltd which might have included photo evidence.
The address on the letter from Trace DR is correct.

Can I ignore this?
I could try to contact the leisure facility to ask if there was a free-parking option that night and/or to see if they can contact PCM UK Ltd to erase the charge but I am mindful of what others have said on this forum about trying to make any sort of contact (although I did visit PCM UK Ltd's website and entered my car reg to see if they'd let me pay the original fine - whatever that was. The message came back saying it had been referred to debt collection or something like that).

jfollows · « **Reply #1 on:** December 21, 2025, 10:23:56 am »

Is the car’s V5C correct?

Ermie2 · « **Reply #2 on:** December 21, 2025, 06:47:02 pm »

No, it isn't.
I moved home and did not update it (I updated my driving licence).
I have paid all vehicle tax from new new address.
I have just checked and the V5C was last updated when I bought the car which was my previous address.
I have failed to update my V5C, it seems.
I only have one physical copy and there seems to be no way to see where the car's V5c is registered to now?

jfollows · « **Reply #3 on:** December 21, 2025, 07:14:05 pm »

https://www.gov.uk/change-address-v5c to fix this now.

The V5C clearly still refers to your old address.
That explains why you didn’t get the PCN.

b789 · « **Reply #4 on:** December 21, 2025, 08:36:33 pm »

The parking operator only has one place to get your details: the DVLA keeper database. If your V5C address was wrong, the Notice to Keeper was sent to whatever address DVLA had on file.

You are legally required to keep your V5C up to date. If you don’t tell DVLA about changes, you can be fined because the vehicle register must be accurate. This has nothing to do with your driving licence. The V5C is about the registered keeper of the vehicle, not your driving entitlement.

The next lesson for you is the fact that you should never, ever, EVER identify the driver. You have managed to spectacularly do that with your opening post. To get around this point without lying, is to only ever refer to the driver in the third person. NI "I did this or that", only "the driver did this or that".

Trace have made simple credit reference search to obtain your correct details. however, that does not mean that PCMUK will not use the correct address to issue a claim against you, the Keeper. Because they hold two possible addresses, you must send a Data Rectification Notice (DRN) to the PCMUK (ignore Trace) Data Protection Officer (DPO) instructing them to update their records with your current address for service and to erase all other addresses they may hold for you. The highlighted words are there for a reason, so use them.

As for Trace or any other powerless debt collector, you can safely ignore them. All debt collectors are powerless to do anything except to try and intimidate the low-hanging fruit on the gullible tree into paying out of ignorance and fear.

Send a complaint to PCM UK Ltd now (not Trace) that forces them to disclose what the allegation actually is and what evidence they say supports it, without adding any driver narrative.

State that:

1. You have not received any Notice to Keeper or any prior correspondence from PCM UK Ltd, and your first awareness of any allegation is a debt collector demand dated 15 December and received 19 December.

2. You require PCM UK Ltd to supply, by return, a full copy of:
(a) the original PCN/Notice to Keeper and any reminder(s), including the dates of issue,
(b) all photographs (ANPR or warden images) and the full unredacted timestamps,
(c) the location identification (site name, full address, and the specific area/bays where the vehicle is alleged to have been),
(d) the exact allegation (overstay, failure to pay, failure to register on a tablet/terminal, leaving site, or any other supposed breach),
(e) the payment/registration/validation log for that date and vehicle registration (including whether any terminal entry was recorded and at what time),
(f) a copy of the signage terms relied upon at the material time, and a site plan showing sign positions.

3. Put them on notice that you will not engage with any payment demand unless and until they properly particularise the allegation and provide the evidence they rely upon.

4. Tell them to treat this as a complaint that must be handled under their complaints procedure, and that any continued escalation (including further debt collection activity) while you are disputing and seeking basic evidence will be raised as unreasonable conduct.

5. Separately, you should obtain your own contemporaneous proof of patronage for that evening and keep it ready:
(a) cinema booking confirmation or ticket email,
(b) bank card transaction(s) showing you were at the venue,
(c) any receipt(s) from the facility,
(d) if possible, a screenshot or email from the leisure facility confirming whether a “register your vehicle on a tablet” system was in place on that date and what the rules were.[/indent]

Do not ask the leisure facility “to cancel” as your first move. Ask for factual confirmation of the parking scheme on that night:

• whether parking was limited to 2 hours or otherwise,
• whether customers had to register a VRM on a tablet/terminal,
• where the tablet was located,
• whether staff were instructed to tell patrons,
• what happens if the tablet fails or a VRM is entered incorrectly,
• whether they can provide an audit log or written confirmation of the policy.

If PCM’s allegation turns out to be “failure to register on the tablet”, your response is then straightforward: you challenge whether that term was clearly communicated on entry and at the bays, and you require strict proof that the system was operational and that the signage made the requirement prominent. If the allegation is “overstay”, you require proof of the actual parking period (not merely entry/exit images) and strict proof that the terms, including the charge, were adequately brought to the driver’s attention.

The practical outcome you are aiming for at this stage is simple: pin PCM down to one clear allegation, one set of evidence, and one set of terms, so you can then rebut it cleanly (and, if needed, complain to the landholder with proof of patronage).

Ermie2 · « **Reply #5 on:** December 21, 2025, 09:37:00 pm »

Thankyou very much.
I shall carry your recommended course of action.

b789 · « **Reply #6 on:** December 23, 2025, 05:03:05 pm »

Quote

Quote from: Ermie2 22/12/2025, 10:19:09

Hi,
I have done what you suggested and emailed my complaint to PCM UK Ltd.
(I also don't know how to add a reply to the original thread.)

PCM UK Ltd have replied:
"Thankyou for your email. This email is for general advice and guidance. We are unable to assist with parking charge notices.

As your case has now been formally passed on to our debt recovery team, we are no longer able to assist directly or make changes from our side. At this stage, all further communication and resolution will need to go through them."

Then they conclude by providing phone numbers and links to various sites. $:-\$

What are your thoughts as to the next steps?

What PCM have sent you is a standard brush-off. It has no legal effect and it does not change your position.

PCM cannot wash their hands of this by saying it has been “passed to debt recovery”. That is simply not how it works. PCM remain the parking operator, the alleged creditor, the principal, and the data controller. A debt collector is just a letter-sending agent. They have no authority to decide liability, no authority to handle disputes, and no authority to refuse a complaint on PCM’s behalf.

So, what happens now is this...

First, you ignore the debt collector completely. Do not write to them, do not phone them, do not “explain” anything to them. They are irrelevant and powerless. They exist only to scare people into paying.

Second, you go straight back to PCM and escalate. You do not accept their attempt to shut you down. You tell them, calmly and firmly, that:

– You have not received any Notice to Keeper or prior correspondence from them.
– Your first awareness of any allegation is a debt collector letter.
– Their statement that they “cannot assist” is rejected.
– Passing a matter to a debt collector does not remove their obligation to deal with a dispute, a complaint, or a data rectification request.
– They remain fully responsible for providing the details of the allegation and the evidence they rely on.

You also include a clear Data Rectification Notice. This is important. Because you failed to update your V5C, PCM may hold an old address. You must instruct them to:

– update their records with your current address for service, and
– erase all other addresses they hold for you.

Those words matter. Address for service. Erase all others. You are protecting yourself against a claim being issued to the wrong address.

Third, you force PCM to particularise the allegation. Right now, you do not even know what they say you did wrong. That is unacceptable. You require them to supply:

– a copy of the original PCN / Notice to Keeper and any reminders,
– all photographs with full timestamps,
– the exact location and bay/area alleged,
– the exact allegation (overstay, failure to register on a tablet, etc),
– the payment or registration log for your vehicle on that date,
– the signage terms relied upon at the material time and a site plan.

You make it clear you will not engage with any payment demand unless and until they do this.

Fourth, you tell them this is a formal complaint and must be handled under their complaints procedure. You also put them on notice that any continued escalation while they refuse to provide basic information will be treated as unreasonable conduct.

That is it. That is your position.

Separately, for your own preparation, you gather proof of patronage. Cinema booking, card transactions, receipts, anything that shows you were a genuine customer and roughly how long you were there. You keep this ready. You do not send it yet unless it becomes useful.

Do not contact the leisure facility to “ask them to cancel” at this stage. If needed later, you ask them factual questions only about the parking scheme in place on that date (tablet or not, time limits, what customers were told). No pleading, no admissions.

The aim at this stage is very simple: pin PCM down to one clear allegation, one set of evidence, and one set of terms. Once they do that, the case becomes easy to assess and deal with. If they refuse again, that refusal itself becomes evidence of unreasonable behaviour.

You are not late. You are not in trouble. You are not obliged to pay anything just because a debt collector has written to you. The next move is entirely with PCM, not their hired bully.

Send the following formal complaint to dataprotection@pcmuk.com; enquiries@pcmuk.com and CC yourself:

Quote

Subject: Formal complaint and data rectification notice – alleged PCN/Trace reference [xxxxx]

Dear Parking Control Management (UK) Ltd,

I write to formally escalate my complaint and to serve a Data Rectification Notice.

I do not accept your response stating that you are “unable to assist” because the matter has been passed to debt recovery. That position is incorrect.

You remain the parking operator, the alleged creditor, and the data controller. The involvement of a third-party agent does not remove your obligation to deal with a dispute, to particularise an allegation, or to ensure the accuracy of personal data.

No prior notice received

I have not received any Parking Charge Notice, Notice to Keeper, or any prior correspondence from you. My first awareness of any alleged parking charge was a third-party demand dated 15 December 2025 and received on 19 December 2025.

Data rectification – address for service

You are required to update your records to show my correct address for service as:

[INSERT FULL CURRENT ADDRESS]

You must erase all other addresses you hold for me and confirm in writing that this has been done.

Particularisation of the allegation

I require you to provide, by return, full details of the allegation you are pursuing, including:

(a) a copy of the original PCN/Notice to Keeper and any reminder(s), including dates of issue
(b) all photographs relied upon, with full unredacted timestamps
(c) the precise location (site name, full address, and the specific area or bays alleged)
(d) the exact allegation being made (for example, overstay, failure to register a vehicle on a terminal, or any other alleged breach)
(e) the payment, registration, or validation log for the date in question and the vehicle registration
(f) the signage terms relied upon at the material time, together with a site plan showing sign locations

Put on hold

This matter is formally disputed. You are required to place the case on hold while this complaint is investigated and the above information is supplied.

Any continued escalation while refusing to provide basic particulars and evidence will be treated as unreasonable conduct.

Yours faithfully,

[NAME]

Ermie2 · « **Reply #7 on:** January 02, 2026, 05:56:29 pm »

To b789
Very many thanks for your patience.
I had an emailed reply today from the Quality and Compliance Manager at PCMUK Ltd.

I have extracted some of the text:
"Having looked into the matter, I can confirm that following the parking contravention on 23rd October 2025, a request was submitted to the DVLA for the details of the registered keeper and a notice was duly issued on 29th October 2025. As no payment nor contact was forthcoming, a further notice was sent on 18th November 2025, before the matter was escalated to TRACE Debt Recovery on 5th December 2025. I attach copies of these notices for your reference. While you aver that such notices were not received, as above, I can confirm that they were duly sent and in line with statutory protections, unfortunately, without sufficient evidence to the contrary, they are deemed to have been properly served. Section 7 of the Interpretation Act 1978 states that “…unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post” Further, under Schedule 4 of the Protection of Freedoms Act 2012, under which the initial notice was served to you, “a notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales” In regards to the parking charge itself, while the complaints process generally cannot be used as a forum to dispute parking charges, I have reviewed the matter and unfortunately, must maintain that it was correctly incurred."

There were several attachments including date/time-stamped photographic evidence of the vehicle as well as copies of the Notice to Keeper and Reminder Notices both of the same date, to the incorrect address.

The rest is a further extract from PCMUK ltd's letter:
"Your Subject Access Request & Data Rectification Request Your request for information has been processed as a formal Subject Access Request. Therefore, please find enclosed all data held on yourself and your vehicle. The only personal data we hold on yourself is your name, current postal/email addresses, previous postal address, and vehicle registration mark – including photographs of your vehicle at the time of the contravention. I wish to advise that the legal basis for processing your data is as specified under the General Data Protection Regulations 2018; 6(1)(b) – Processing is necessary for the performance of a contract with the data subject or take steps to enter into a contract - by parking you entered and agree to a contract for the use of the land. As part of these contractual obligations, you agreed to pay a charge and to pursue this debt, we processed your data. Photographic evidence was taken at the time of the contravention in order to evidence this agreement and to comply with all relevant legislation. 6(1)(f) - Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party… - Legitimate interests include the pursuing of contractual obligations, the enforcement of Parking Charge Notices and in the interests of landowner’s who may contract the operator. This includes the protection of their rights as owners of private land, as well as protection of any rights that users of the land may be granted. Moving to your request for rectification, I can confirm that the address data has been updated on our system. Therefore, the data currently held is: Marwoods Cross Wrangaton South Brent TQ10 9HJ While we have disabled your previous address data, we, unfortunately, are unable to erase it as records must be retained of the proper service of the parking charge and the data obtained from the DVLA. This is justified as a legitimate interest (please see above for full details on the legal basis under which your personal data is processed). In most circumstances, data will be retained for the life of the debt and up to six years thereafter. For further information on how your data is used and processed, please see our Privacy Notices available at the following web link - www.parkingcontrolmanagement.co.uk/privacy-policy.php "

This is the final part of the letter:
"Next steps As it stands, as your case is being handled by TRACE Debt Recovery, I would urge you to contact them to discuss your payment options. While we trust that this has provided clarity on our position and the justification for the same, as your complaint has now been reviewed by a member of the Compliance Team and/or the Quality and Compliance Manager, should you be dissatisfied with the outcome, you may either write back to us for further comment or, alternatively, you have the right to complain to our Trade Association, the International Parking Community (IPC) – www.theipc.info With regards to your data protection concerns, should there be any inaccuracies within the personal data provided, the General Data Protection Regulations (‘GDPR’) grants you the right to rectification and if you wish to exercise this right, please provide details in writing of what requires rectifying. You also have the right to request erasure and/or restriction of the processing of your personal data. If you are not satisfied with this response or believe the actions of Parking Control Management (UK) Ltd to be in breach of relevant data protection legislation, we urge you to contact us in the first instance so your complaint may be investigated internally. However, under the GDPR, you do have a right to complain to a supervisory authority. The Information Commissioner’s Office are contactable via their website – www.ico.org.uk or on their helpline on 0303 123 1113 "

I would be extremely grateful for your further observations, advice and guidance on the matter.

b789 · « **Reply #8 on:** January 03, 2026, 12:29:42 am »

You are exactly where I expected you to be after sending the DRN/complaint. PCM have now done three things:

1. They have confirmed the DVLA pull and the dates they claim they issued letters (29/10/25 and 18/11/25) and that they then “escalated” it (05/12/25).
2. They have provided the attachments you asked for (photos + copies of the NtK/reminder) and they have corrected your address for service.
3. They have given you their standard boilerplate about “deemed served” and told you to contact the debt collector. Ignore that. It is irrelevant.

Where you are now

You are no longer in the “what is this allegation?” phase. You have the evidence and the paperwork.

You are also no longer at risk of a claim going to the wrong address because they have updated your address for service. That was the whole point of the DRN, and it has worked.

Now the only question is whether you want to (a) kill it via the landholder, (b) ignore the noise and be ready to defend if they ever issue a proper Letter of Claim/court claim, or (c) pay to make it go away. That choice is yours.

About their “deemed served” paragraph

They are quoting presumptions. A presumption is not proof.

Both the Interpretation Act 1978 and the PoFA wording they quoted only help them if they can first prove the preconditions, i.e. that the notices were properly addressed, prepaid and actually posted by the method they rely upon.

A compliance manager saying “I can confirm they were duly sent” is not proof of posting. A copy of a letter is not proof it was posted. A print date on a template is not proof it was posted. If this ever went to court, they would be put to strict proof of posting (for example, certificate of posting/mailing house manifest/batch logs that show your notice was in the mail run and the class of post used).

However, do not get too hung up on the service point in this case because you have already admitted your V5C was not updated. So the address they used (the DVLA keeper address at the time) will likely be treated as the correct address for service at that point in time. Non-receipt alone is rarely a silver bullet when the Keeper failed to update DVLA.

So you treat their “deemed served” paragraph as background noise, not as the main battleground. What matters now is the alleged contravention itself.

Your opening post already flags the most likely real issue: cinema/leisure sites often operate a “customers must register their VRM on a tablet/terminal” system. If someone forgets, or the tablet is not obvious, the operator issues charges even to genuine patrons. Those are very often cancellable by the landholder because the operator is harming the customer experience.

So your next moves are:

1. Do not contact any debt collector. Ignore them completely.

2. Get your proof of patronage together now:

• cinema booking confirmation / e-ticket email
• bank card transaction(s)
• any receipts

3. Contact the leisure facility (management, not a receptionist) and ask for factual confirmation first, then insist they instruct PCM to cancel. Keep it short and firm:

• confirm whether VRM registration on a tablet/terminal was required on 23/10/25
• where the tablet was located
• whether staff were instructed to tell patrons
• what the policy was for films running over two hours
• whether they will instruct PCM to cancel for a genuine customer

Do not write “I overstayed” or “I forgot”. Do not add admissions. You simply say you were a genuine patron and you require them to fix it.

4. If the landholder cancels it, it is dead.

If the landholder refuses or drags their feet, you then do nothing further unless you receive either:

• a formal Letter of Claim (LoC) (from PCM or a solicitor), or
• an actual county court claim form.

Debt collector letters are not either of those things. You can safely ignore all debt recovery letters. Debt collectors are not a party to the contract allegedly breached by the driver.

What to expect

If PCM want to litigate, you will get a formal LoC first. That is when you respond on the merits (signage/contract terms/tablet system/strict proof) and you put them to strict proof of posting and strict proof of the contravention. Until then, you do not waste your time dealing with useless threat-o-grams.

So, in plain terms: you have stabilised your address position, you have the evidence, and your best leverage now is the landholder with proof of patronage.

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Author Topic: No PCN just straight to Debt Recovery (Read 316 times)

Ermie2

No PCN just straight to Debt Recovery

jfollows

Re: No PCN just straight to Debt Recovery

Ermie2

Re: No PCN just straight to Debt Recovery

jfollows

Re: No PCN just straight to Debt Recovery

b789

Re: No PCN just straight to Debt Recovery

Ermie2

Re: No PCN just straight to Debt Recovery

b789

Re: No PCN just straight to Debt Recovery

Ermie2

Re: No PCN just straight to Debt Recovery

b789

Re: No PCN just straight to Debt Recovery