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#Post#: 57844--------------------------------------------------
PCM fine - Unloading during moving in
DIR By: LMC11
Date: February 12, 2025, 11:28 am
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Hi
I received an email today from the removal company saying they
received a fine whilst completing the unloading of boxes.The
property is a flat. They were unloading for a couple of hours.
I have attached the fine in question and the signage.
They were not parked in the disabled bay, photo attached. I have
marked the area as red where they were unloading.
Are there any grounds to appeal this?
[attachment deleted by admin]
#Post#: 57846--------------------------------------------------
Re: PCM fine - Unloading during moving in
DIR By: DWMB2
Date: February 12, 2025, 11:45 am
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What does the email from the removal company say?
If they are the ones PCM have written to, then on the face of
it, it is for them to deal with.
#Post#: 57856--------------------------------------------------
Re: PCM fine - Unloading during moving in
DIR By: LMC11
Date: February 12, 2025, 1:09 pm
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They said they received it on my job. They do quite a few jobs
for me, so I didn’t feel it was right to say it’s their problem.
My response was please send a copy of the fine mentioned.
[attachment deleted by admin]
#Post#: 57868--------------------------------------------------
Re: PCM fine - Unloading during moving in
DIR By: ixxy
Date: February 12, 2025, 2:27 pm
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You have 2 choices, pay the removals company the money or don't.
You can't appeal the parking charge invoice (it's not a fine) as
the contract isn't between you and the parking management
company, it's between the driver and the parking management
company. PCM are part of the IPC trade body so it's likely any
initial appeal would be rejected. The experts on here will need
to see the back of the PCN letter as well. It's possible it's
not POFA compliant which means the keeper of the vehicle can't
held responsible and there is no requirement for the keeper to
name the driver. It'll be down to the wording on the back. Any
appeal would need to based on technicalities like this as on the
face of it the driver of the removals van may have entered into
and then breached the terms of the contract with PCM. They won't
accept moving in as an excuse for parking in a disabled bay.
#Post#: 57870--------------------------------------------------
Re: PCM fine - Unloading during moving in
DIR By: mickR
Date: February 12, 2025, 2:37 pm
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I would suggest there may be a clause in the lease specifically
allowing removals vehicles to park on the communal roadways.
#Post#: 57874--------------------------------------------------
Re: PCM fine - Unloading during moving in
DIR By: DWMB2
Date: February 12, 2025, 2:54 pm
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One could potentially advance an argument based on Jopson vs
Homeguard, too, although I'd have to re-read that judgement. OP,
is the flat they were delivering to yours? If so, what does your
lease say about parking and use of communal spaces etc.?
Before we get onto any protracted debate about the merits of
PCM's claim against the removals company... We can advise on the
legal position, but any decisions regarding the maintenance of
good relations with the removals company is a matter for you to
decide.
To answer your initial question - yes, there are potential
grounds to appeal the charge. However, it would be for the
removals company to do so, as they are the ones being pursued.
As ixxy correctly notes, PCM will almost certainly reject any
appeal regardless of merit, and the same goes for an appeal to
the IAS. The removals company would potentially need to be
prepared to defend the matter in the county court.
As for whether you have any responsibility - that would depend
on what your contract with the removals company says. It would
need to include some sort of clause indicating that you were
responsible for any private parking charges incurred whilst
delivering to you. That said, even if such a clause existed, I'd
argue that such a clause may be an unfair term, depending on its
wording, as it would potentially make you liable for the
driver's negligence in failing to read and abide by the terms of
parking at the site.
#Post#: 57897--------------------------------------------------
Re: PCM fine - Unloading during moving in
DIR By: b789
Date: February 12, 2025, 7:00 pm
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What have the management company said about getting it
cancelled?
You could always direct the removal company here, when they
could get advice on how to deal with it.
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