Author Topic: PCN (PCM ltd) for parking on paved area when not allowed  (Read 114 times)

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sarahknows

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Re: PCN (PCM ltd) for parking on paved area when not allowed
« Reply #15 on: March 01, 2024, 09:42:16 am »
There is a tear off slip but it is in the middle of the page so I didnt want to tear up the NtoK. It says to submit the form on the website so I will get my husband to complete it and upload it there so liability is formally passed to me.

Currently no debt collection letters just threats at the end of the reminders.

So for 9(2)(e)(ii) them saying 'confirm the name and address of driver of the driver to which this notice can be served' is not sufficient. They needed to say to pass it on? I would appreciate guidance on this please, I didn't realise this was that significant. I was more upset about only being there for less than 5 mins and that being classified as parking.

They rejected the appeal from my husband and then when they are informed of the driver, shouldn't they have issued another NtoK to me in line with their procedures outlined rather than tell me the appeal by my husband has been rejected?

You guys are amazing, thank you so much.

DWMB2

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Re: PCN (PCM ltd) for parking on paved area when not allowed
« Reply #16 on: March 01, 2024, 10:10:36 am »
Quote
So for 9(2)(e)(ii) them saying 'confirm the name and address of driver of the driver to which this notice can be served' is not sufficient.
If your husband names you as the driver (which it sounds like is the plan?), then this becomes irrelevant, as they will no longer need to hold the keeper liable, as they will know the driver's details and be able to pursue them directly.

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shouldn't they have issued another NtoK
Not another Notice to Keeper, as you are not the keeper, but they ought to have issued a charge addressed to you directly.

sarahknows

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Re: PCN (PCM ltd) for parking on paved area when not allowed
« Reply #17 on: March 01, 2024, 10:50:41 am »
Okay so 9(2)(e)(ii) is not relevant if the liability is transferred and so my defence is around Jopson v Homeguard that it was not parking, it was unloading, if this goes ahead.

Please can you confirm if I need to do anything further as the threatening letters come in or do I just sit tight until I get ..what exactly?

b789

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Re: PCN (PCM ltd) for parking on paved area when not allowed
« Reply #18 on: March 01, 2024, 11:56:06 am »
They should issue a charge directly to you as the driver and should, in theory, restart the clock and allowing you to appeal to them and to their IAS if they refuse the initial appeal.

You could then try the IAS kangaroo court but breath holding is not advised. If the IAS refuse the appeal then you will have to wait and see if/when they send a Letter of Claim and then if they issue a claim. They may not but they will have 6 years to issue one.

A court claim is your best bet to get this over with. A judge can decide whether you owe them a debt or not. With a robust defence there is a high probability that they would discontinue before court. If they are foolish enough to try and take this all the way, you have a very good defence with Jonpon v Homeguard.

The evidence shows a stop of only 42 seconds. You must stop saying you were there only “minutes” or more as there is no evidence that you were.

There is no threat to your credit score. If, in the unlikely event it went to court and you lost, you’d still pay less than whatever they put on a claim and as long as it was paid within 30 days, there is nothing on your credit record.

For now, get the liability transferred and then we can take it from there. You are dealing with a seriously, intellectually malnourished company of ex-clamper scammers. If we thought there was little to no chance of beating this, we would not be advising fight it.
« Last Edit: March 01, 2024, 12:01:18 pm by b789 »

sarahknows

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Re: PCN (PCM ltd) for parking on paved area when not allowed
« Reply #19 on: March 04, 2024, 09:37:26 am »
Thanks - they have now been informed formally. I will wait for the next steps. You are right I was less than a minute. Thanks so much.