PCM parking fine, on my own parking lot, now escalated to debt collector

[mephistopoa]

Hi guys,

 

My building got PCM a few months ago to check the private parking bays,

 

I own a parking bay there that was bought with my flat.

 

It is located under the building, no public access but some residents don't own a parking bay there.

 

My car get the window forced down by someone but there was nothing in there to be taken, second time it happens.

 

Both tax disc and PCM permit fall from wind shield,

I noticed that and reported it to the housing association and a couple of days later

I notice a fine from PCM because I forgot to put the permit and the license disc back there.

 

I contacted PCM about the fine and then sent them a letter,

no response from the letter and no further correspondence from PCM.

 

A month ago I get a letter from a debt collector asking me for £154, absurd!

 

I have got no way to deal this now with PCM because they refuse any sort of argument saying it is now with the debt collectors.

 

I tried to open a case with POPLA after I got to understand what they are but they need a number for this,

which PCM refuses to give me as they say they have already sent.

 

I never got the letter, if they actually did send it.

 

Is this a new tactic to make profit?

 

Now I'm dealing with a debt collector company called newlyn,

which put the case on hold and tried to contact PCM regarding my claim.

 

PCM didn't respond to them and they sent me another letter asking again for the money.

 

I called them, they again suspend the case but they can't send me any letter confirming the status of my case,

and that PCM doesn't respond to their enquiry.

 

I'm not sure where I can go to get this sorted, paying a fine for my own parking lot is absurd,

I'm not sure if this is worth taking to attention of a solicitor as for them £154 is nothing but who else would help me with this?

 

The situation is escalating more and more and this is making me feel very anxious about the whole process.

 

Imagine someone fining you on you own parking lot, that is absurd.

 

It would be helpful to have a few opinions of what I can do please.

I really appreciate your help.

[kirkbyinfurnesslad]

Newlyn will only be acting as powerless Debt collector's. It doesn't need a solicitor as you have no reason to pay. It will eventually get to the end of the letter chain and they will go after the next person

[Crocdoc]

Thie first thing you should never do is consider paying them. As for Newlyn they are merely debt collectors and under OFT rules they should not be persuing disputed accounts, although this is something that members of the BPA tend to ignore.

 

Write to Newlyns informing them that you own the plot and you have no intention of paying them a penny

 

I would also complain to the BPA informing them that the company failed to provide a POPLA Code (i'm assuming that this company are members.) What is the full name of this outfit and I will check.

[dx100uk]

and it is NOT A FINE

 

its a SPECULATIVE INVOICE.

 

I find it amazing that on your lease you PAY to own that space

 

yet you employ someone to try and spoof you!!

 

dx

[mephistopoa]

Newlyn will only be acting as powerless Debt collector's. It doesn't need a solicitor as you have no reason to pay. It will eventually get to the end of the letter chain and they will go after the next person

 

Do you mean they can't get me to court or affect my credit score in any way?

[dx100uk]

no nothing

 

dx

[mephistopoa]

Thie first thing you should never do is consider paying them. As for Newlyn they are merely debt collectors and under OFT rules they should not be persuing disputed accounts, although this is something that members of the BPA tend to ignore.

 

Write to Newlyns informing them that you own the plot and you have no intention of paying them a penny

 

I would also complain to the BPA informing them that the company failed to provide a POPLA Code (i'm assuming that this company are members.) What is the full name of this outfit and I will check.

 

I'm going to write to BPA tonight, the company is called Parking Control Management

 

Thanks for your help

[mephistopoa]

and it is NOT A FINE

 

its a SPECULATIVE INVOICE.

 

I find it amazing that on your lease you PAY to own that space

 

yet you employ someone to try and spoof you!!

 

dx

 

I didn't know about this, thanks for your help.

 

The housing association decided to get their service as people were breaking into the parking lot to park illegally, but then I ended up screwed by them :/

 

I've asked already to them to find a proper company to do this kind of service instead of PCM, but I'm still struggling with the housing association to get this resolved. Not really cool as I bought the flat and parking bay, very frustrating.

[mephistopoa]

no nothing

 

dx

 

Thanks, I really appreciate your help guys

[esmerobbo]

Do you mean they can't get me to court or affect my credit score in any way?

 

Thats it in a nutshell, most PPC's realise court is a no win situation even if they win they lose! So even after POFA they still use the same old method.

 

Newlyn can do nothing accept send letters.

[ericsbrother]

They have trespassed aginst you and you are entitled to sue them for damages. Write to them telling them that it is your space and as occupier you have all rights to be there an for "quiet enjoyment" and have not assigned any of your rights to anyone else and that the placing of a demand for money by them on your car is both trespass and misrepresentation and that you will sue them if they continue to harass you by demanding money that is not owed. Send a copy of the letter to your housing association TRUSTEES and tell them that they will be named as a party in any civil action you take against PCM.

Look up the name of the chair of the trustees and send the letter to them as they are personally liable. If you can find their home address then that is even better

I bet something will then be done as the person who made the decision wont be able to hide from the consequences.

I have sued the trustees of a housing association for trespass by one of their tenants and boy, did they want to settle quick so they didint get dragged into the newspapers or have it on their annual reports.

[mephistopoa]

Hi guys,

 

The debt collector sent me another letter, so I'm writing another one for them with all your advice and putting this down to a more serious matter. It is very annoying they don't try to get it resolved in any other way than sending these letters.

 

Where can I check legal info about this? I just would like to use more precise terms under the law that what they are doing is against my rights.

 

Thanks for you help! Much appreciated!

[Old Snowy]

Frankly I wouldn't waste any time whatsoever writing to a DCA. If you really feel the need to send them something tell them that you deny that any debt exists, that you have told their principal the same thing and that you will consider any further communication from them as harassment.

[ericsbrother]

Have you written to the HA trustees yet and told them that they are responsible for the harassment? If not do so but dont waste an envelope on the debt collectors.

[Liverpool way]

I personally think you could have a little fun with this one

 

You could contact the dca and ask them to refer the matter back to their client,(pcn), requesting to see a copy of the contract that authorises them to proceed on behalf of the landowner! which is you my friend.............. Loving it, wish it were me.

Edited November 8, 2013 by Liverpool way