Author Topic: PCN from PCM Ltd in North London. Can I challenge?  (Read 151 times)

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swooph

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PCN from PCM Ltd in North London. Can I challenge?
« on: January 15, 2025, 02:11:55 pm »
Hi All.  First ever private parking PCN received in North London

I was working on apartment, and popped in to pick up some tools.  Was a few minutes.  Came back to the ticket.  Attaching the "PCN" and the evidence downloaded from the website.  I'm new to this and have read the guidance but forgive me if i've missed something











any advice would be greatly appreciated.

Best
« Last Edit: January 15, 2025, 02:13:26 pm by swooph »

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b789

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Re: PCN from PCM Ltd in North London. Can I challenge?
« Reply #1 on: January 15, 2025, 02:22:32 pm »
No one pays PCM if they follow the advice. The Notice to Driver (NtD) is not PoFA compliant and so they cannot transfer liability from the unknown driver to the known keeper.

There is no legal obligation on the Keeper to identify the driver to an unregulated private parking company. Never use language such as "I did this or that". Always use "The driver did this or that".

Put this date in your diary and on the 8th February, you appeal the PCN as the Registered Keeper (RK) on their website 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 Driver (NtD) 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 NtD can only hold the driver liable. PCM have no hope at IAS, so you are urged to save us both a complete waste of time and cancel the PCN.

Then you wait for the rejection.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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swooph

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Re: PCN from PCM Ltd in North London. Can I challenge?
« Reply #2 on: January 15, 2025, 05:58:40 pm »
aprreciated, thank you.

swooph

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Re: PCN from PCM Ltd in North London. Can I challenge?
« Reply #3 on: March 03, 2025, 05:44:00 pm »
Hi all, and thanks for your help thus far.  I've followed the steps so far and on cue, like you suggested, the rejection has arrived, attached below

If you could kindly let me know the next steps, it would be most appreicated.

thank you all for your time on this.







swooph

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Re: PCN from PCM Ltd in North London. Can I challenge?
« Reply #4 on: March 06, 2025, 07:02:08 pm »
hi again, all apologies for bumping this.  can any of you kindly help with some advice, next steps?

best

b789

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Re: PCN from PCM Ltd in North London. Can I challenge?
« Reply #5 on: March 07, 2025, 12:03:52 am »
Send a formal complaint to PCM as follows:

Quote
Subject: Formal Complaint – Failure to Consider Keeper Appeal in Breach of the PPSCoP

Dear Sir/Madam,

I write to formally complain about PCM’s failure to consider my appeal against Parking Charge Notice [PCN reference number], in clear breach of the Private Parking Single Code of Practice (PPSCoP) v1.1, which constitutes a serious non-compliance issue and a potential breach of PCM’s KADOE agreement with the DVLA.

Background

• A Notice to Driver (NtD) was issued on 12th January 2025.
• As the Registered Keeper, I submitted a timely appeal on 8th February 2025.
• PCM refused to process my appeal, claiming that as I had not identified the driver, I had to wait until an NtK was issued following a DVLA data request.
• PCM then issued an NtK on 24th February 2025 without allowing any appeal option—only demanding payment or driver identification.

PCM’s Breach of the PPSCoP

1. Failure to Consider My Appeal as the Registered Keeper

PCM’s refusal to process my appeal was a direct breach of Annex C of the PPSCoP, which explicitly states:

"Where an NTK follows an NTD, the keeper or hirer may appeal the parking charge if the driver has not previously been given the opportunity to appeal."

• The driver did not appeal the NtD.
• As the Registered Keeper, I had an absolute right to appeal the PCN.
• PCM had no justification to refuse my appeal or demand DVLA verification before considering it.

2. Procedural Abuse – Issuing an NtK Without an Appeal Option

Under Section 8.4 of the PPSCoP, PCM is required to provide a process for motorists to appeal a Parking Charge Notice. PCM’s NtK failed to offer this, instead presenting only the option to pay or name the driver.

This is a serious procedural failing that obstructs the appeals process and violates the standards required for fair enforcement under the PPSCoP.

Required Action

PCM must immediately:

1. Acknowledge this complaint in writing within 14 days, as per the PPSCoP.
2. Confirm that my original appeal is now being properly processed in accordance with the Code.
3. Provide a substantive response within 28 days, either cancelling the PCN or issuing a formal rejection with details of further appeal options.

Next Steps if PCM Fails to Comply

Should PCM fail to rectify this situation, I will escalate this as a formal complaint to the DVLA, as your failure to comply with the PPSCoP is a breach of your KADOE agreement. This could result in sanctions against PCM, including suspension from DVLA data access.

I expect your urgent attention to this matter and await your response.

Yours faithfully,

[Your Name]
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

swooph

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Re: PCN from PCM Ltd in North London. Can I challenge?
« Reply #6 on: March 07, 2025, 06:02:52 pm »
Thank you for going to this effort to help out.  Done

swooph

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Re: PCN from PCM Ltd in North London. Can I challenge?
« Reply #7 on: March 13, 2025, 10:08:14 pm »
Send a formal complaint to PCM as follows:
hello again

i just received these replies, can you kindly cast an eye and offer some assistance.  thank you









b789

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Re: PCN from PCM Ltd in North London. Can I challenge?
« Reply #8 on: March 13, 2025, 10:43:04 pm »
So, are you saying that the have sent you copies of the same documents you previously showed us? I see that there is an extra page you've shown which does have appeal information on it. Is that the back of one of the documents you previously showed us or is it a separate page that was not included originally?

Either way the original NtD was not PoFA compliant and neither is the NtK. You appeal with the following, only as the Keeper.

There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.

The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.

Use the following as your appeal. No need to embellish or remove anything from it:

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, especially paragraph 9(2)(a) as it does not mention a period of parking, 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. PCMUK 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. PCMUK have no hope should you try to make a court claim as I will use the persuasive appeals precedent of Brennan v Premier Parking Solutions 2023 H6DP632H where it was found that failure to specify an actual period of parking which covered at least the minimum consideration period, does not comply with the requirements of PoFA. So you are urged to save us both a complete waste of time and cancel the PCN.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

swooph

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Re: PCN from PCM Ltd in North London. Can I challenge?
« Reply #9 on: March 17, 2025, 07:52:18 pm »
So, are you saying that the have sent you copies of the same documents you previously showed us? I see that there is an extra page you've shown which does have appeal information on it. Is that the back of one of the documents you previously showed us or is it a separate page that was not included originally?

I get the feeling they've sent the previous letter i mention in my last reply and it's crossed over with the email complaint we sent out, judging by the dates.  Regardless, I received this via eMail a couple of days ago




I assume i should ignore the previous step and now wait for the 14 day process?

Thanks again

Best