Finding a yellow plastic envelope on your windshield or receiving a letter in the mail from Parking Control Management (PCM) can be a stressful experience. However, receiving a Parking Charge Notice (PCN) does not automatically mean you have to pay it. If you believe the charge was issued unfairly, you have a legal right to appeal.
Parking Control Management (UK) Ltd is a private parking enforcement company. It is important to distinguish their notices from those issued by local councils. While council-issued fines are statutory penalties, a PCM notice is technically an invoice for an alleged breach of contract. This guide will walk you through the specific steps required to challenge a PCM notice and explain your rights throughout the process.
Understand the Type of Notice You Received
Before starting your appeal, you must identify exactly what you are dealing with. Parking Control Management (PCM) issues “Parking Charge Notices.” These are different from “Penalty Charge Notices” issued by the police or local authorities. Because PCM is a private entity, they must follow specific codes of practice set out by the International Parking Community (IPC), of which they are a member.
Private parking companies operate based on contract law. When you enter a private car park, the signs posted around the area form a contract between you and the landowner or the management company. By parking there, you are seen as agreeing to those terms. If PCM claims you broke those terms, they issue a charge. Your appeal will essentially argue that you did not break the contract or that the contract itself was invalid.
Immediate Steps to Take After Receiving a Notice
The actions you take in the first few days after receiving a notice are the most critical. If you find a notice on your car, do not ignore it, but do not pay it immediately if you intend to appeal. Paying is generally considered an admission of liability, making it nearly impossible to get your money back later.
First, take high-quality photographs of the scene. Capture the position of your car, the surrounding area, and, most importantly, the signage. If the signs are hidden by trees, poorly lit, or have small, unreadable text, these photos will be your strongest evidence. Also, check for any faulty equipment, such as a broken ticket machine, and take a photo of any out-of-order signs.
The 14-Day Discount Period
PCM usually offers a discounted rate (often 40% or 50% off) if the charge is paid within 14 days. In most cases, if you submit an appeal within this 14-day window and your appeal is rejected, the company will reset the clock and allow you another 14 days to pay the discounted rate. This allows you to challenge the notice without the immediate risk of the price increasing.
Common Grounds for a Successful Appeal
To win an appeal against PCM, you need a specific reason why the charge is invalid. Simply stating that the fine is “too expensive” or “unfair” is rarely successful. Instead, focus on these common grounds:
- Poor Signage: If signs were not clearly visible, were obscured, or did not clearly state the terms and conditions, the contract is not enforceable.
- Grace Periods: The IPC Code of Practice requires operators to provide a reasonable grace period (usually 10 minutes) for drivers to leave a car park after their paid time has expired or after entering to decide whether to stay.
- Technical Errors: Check the notice for mistakes. If the registration number is wrong, the date is incorrect, or the location is misidentified, the notice may be void.
- Broken Equipment: If you tried to pay but the machine was broken or the app was down, and there was no other reasonable way to pay, you have a strong case.
- Medical Emergencies: While harder to prove, legitimate medical emergencies that prevented you from returning to your vehicle are often considered valid mitigating circumstances.
How to Submit Your Appeal to PCM
PCM requires appeals to be submitted through their formal channels. You can usually do this via their official website or by mail. When writing your appeal, remain professional and objective. Avoid emotional language and focus entirely on the facts of the situation.
State clearly why you are contesting the charge. For example: “I am appealing this charge because the signage at the entrance was obscured by overgrown bushes, making it impossible to read the terms of parking.” Attach your evidence, such as photos or receipts, to the submission. Always keep a copy of your appeal and any confirmation of receipt for your records.
The Registered Keeper vs. The Driver
Under the Protection of Freedoms Act 2012 (POFA), private parking companies can hold the registered keeper of a vehicle liable for a charge if they do not know who the driver was, provided they follow strict notification timelines. If you received a notice in the post and it arrived more than 14 days after the parking incident (without a ticket being placed on the car first), the company may have lost the right to claim the charge from the registered keeper.
The Independent Appeals Service (IAS)
If PCM rejects your initial appeal, they must provide you with a unique reference code to take your case to the Independent Appeals Service (IAS). The IAS is an external body that reviews disputes between drivers and IPC member companies.
It is important to note that the IAS process is “binding” on the parking company but not on you. If the IAS rules in your favor, PCM must cancel the charge. If the IAS rules against you, you can still choose not to pay, but the company may then decide to take the matter to a small claims court. The IAS generally focuses strictly on the law and the code of practice rather than mitigating circumstances like “I was only five minutes late.”
What Happens if You Lose the Appeal?
If your appeal is rejected by both PCM and the IAS, you have two main choices: pay the charge or wait to see if the company takes legal action. If you pay, the matter is closed. If you do not pay, PCM may pass the debt to a collection agency. It is a common misconception that debt collectors have the power to seize property or affect your credit score immediately; they cannot do this without a court judgment.
PCM would need to take you to small claims court and win a judgment (CCJ) against you. If they win and you pay within 30 days of the judgment, your credit score remains unaffected. Many people choose to pay after an IAS rejection to avoid the hassle of potential court proceedings, but the choice depends on how confident you are in your evidence.
Summary of the Appeal Process
Appealing a PCM notice requires a methodical approach. By gathering evidence early and understanding the specific rules the company must follow, you stand a much better chance of having the charge cancelled. Remember to keep all correspondence and adhere to the timelines provided on the notice.
If you found this guide helpful, you may want to explore our other articles on navigating consumer rights, dealing with private service disputes, and understanding local regulations to help you stay informed and protected in your daily life.