PCN (NW) Ltd - St Helens

[DJ67]

Hello again,Having successfully challenging my last speculative invoice, thanks to the advice on here, I am once more preparing for battle with PCN (NW) Ltd.

 

This time there was a valid staff permit displayed, and clearly legible, on the centre console, next to the handbrake. The permit could be easily spotted and the details read from outside the vehicle. However, a NTD was stuck on the windscreen on 22nd June 2015 which stated that a valid permit was not displayed.

 

A photograph was taken by the driver upon returning to the vehicle, to show that the permit was in place. The driver's photo is on an iphone with the date, time and location.The alleged "offence" took place at St Helens College Town Centre Campus on 22nd June.The NTD was not responded to and I received a NTK, dated 23rd July 2015.

 

I have sent a letter to PCN (NW) Ltd to dispute their claim on the grounds that the signage upon entry to the car park only states that a permit must be clearly displayed, not that it has to be in the windscreen. I have also stated that POFA does not apply as they have failed to provide evidence with the NTK. In fact, there is a a box on the top of the NTK that says "PAY OR VIEW ONLINE AT www.paymypcn.net"

 

It is only when you go on this site and enter the invoice number that you find that you can access photos of the vehicle and the signs on poles that are dotted around the car park with the "display in windsreen" condition added. Interestingly, the photos on the PCN website are taken in such a way (or indeed cropped) so that the area containing the permit is not shown.I have sent my letter to PCN (NW) Ltd's registered address, not the PO Box number on the invoice, and it was sent first class with a certiicate of posting obtained.

 

I believe that what will happen is the letter won't be relayed to the billing department and I will get a letter from a DCA, saying that I haven't replied. I will ignore this and then get a threatening letter from Gladstones Solicitors which I will respond to and they will bat it back to the DCA. They will deny that my letter was received, I will quote the 1978 Interpretation Act and tell them that if they contact me again it will be seen as harassment.If my letter does find it's way to the billing department then I predict that I will get a letter to say that my appeal has been rejected.

 

As PCN (NW) don't deal with POPLA no matter what I do or say I will get badgered for cash.In the unlikely event that it goes all the way I could do with advice on building a case.

 

I'll attach photos of the parking signs and also of the terms and conditions on the college applicationn form that is used to apply for a permit.I have checked with St Helens Council and planning permission was never applied for with regards to the parking signs.

 

Many thanks in advanceDJ67

Edited August 11, 2015 by honeybee13
Paras.

[DJ67]

Hi folks, I don't know why my posts don't separate into paragraphs when I hit the submit button. I hope it's not too hard on the eye.

[honeybee13]

I'll sort some paragraphs for you. Try hitting the Return key twice next time you post, that helps sometimes.

 

HB

[DJ67]

Thanks HB, you're a star, or should I say Bee's Knees?

[honeybee13]

Very good.

 

HB

[ericsbrother]

the signage is confusing and relies upon another sign to make it clear that they think you are accepting a contract rather than being in breach of a contract. This means that the sign is an invitation to treat rather than a contract as there are other things not on the sign that you have to find and consider. No contract made, no money due.

If they want to claim otherwise then the signage must be confusing enough to mean that a contract cannot be formed and then the Unfair Contracts Clauses Regs come into play. The piece of paper makes this difficult for the parking co to argue against.

No PP then the signs are ILLEGALLY placed and you cannot form a contract through criminal activity so it wouldnt matter if they argued that it was a contract and not an offer for consideration.

[DJ67]

Thanks for that ericsbrother, you've brought a smile to my face.

 

Ironically, the college is ditching PCN (NW) Ltd and going to Parking Eye who are installing ANPR. I look forward to seeing what signage they put up, especially as they haven't submitted a PP request and probably won't.

[ericsbrother]

the stupid thing is that PP cost nothing for signs of the nature and size thye will be, it is a nod through but they must have it. Dont remind them.

[DJ67]

My lips are sealed ericsbrother. This shows the arrogant attitude of these cowboys who think that they are above the law. Just out of interest, if someone has paid PCN (NW) Ltd would there be any action they could take to recoup the money as it has been claimed under false pretences? I'd love to see PPCs have to pay back thousands and even get prosecuted for obtaining money by deception when their signs have been illegal and therefore no contracts have been entered into.

Edited August 12, 2015 by DJ67
misspelling of text

[DJ67]

Latest development is that I sent my soft appeal to the registered address of PCN (NW) Ltd (in Blackpool) that was written on the NTK and I have received it back today, bearing an official Royal Mail sticker to say that the addressee has gone away - if only they would!

 

The 28 day appeal deadline isn't up until the end of next week so I've got time to send a copy to the P.O. Box number on the NTK. I know this will result in a rejection letter and then the fun really starts as they don't use POPLA but the rather un-impartial IAS and we all know what that means.

[ericsbrother]

Recovering maoney falsely claimed? Well, there was new legislation that has been recently enacted that allows you to do so. I dont know of any examples of people chasing a parking co yet but other people using false claims for services have been ordered to repay people.

As for the latter part, no service address, no right to claim. they are stuffed when it comes to making further claims.

[DJ67]

The comedy of errors continues...

 

Today I have received a letter from the PPC's pet DCA, demanding £160 as I have apparently not responded to the NTK. In actual fact I have sent two responses, one to the PPC's registered address - which came back "addressee has gone away" and so I sent another to the PO Box number. I have certificates of posting for both appeals.

 

I guess it's time to ignore until I hear from Gladstones and then write to them to say "Go away scumbags"

 

Thanks for all the support on here folks

[armadillo71]

For the record, who is the DCA please?

[DJ67]

The DCA is called UCS, which is short for Ultimate Customer Solutions,.

 

I've dealt with this company before in regards to a PCN that was issued when I hadn't displayed my permit and they are so useless that I'm surprised that they are still in business. I reckon their dress code includes a spinning bow tie and a flower that squirts water.

 

I'll ignore them, then Gladstone's will get in touch. I'll write to Gladstone's, pointing out the flaws in their extortion attempt and they'll pass it back across the desk to UCS. UCS will send me one last threatening letter, telling me that I'm to blame for my appeal not being dealt with by PCN (NW) Ltd and demanding a reduced amount of cash. Then, when I tell them to take me to court or else stop harassing me they will crawl back under their rock.

 

Like most people, PCNs used to scare me but because of the fantastic advice on here I now see them for what they usually are... A waste of paper.