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CPM - UK/gladstones PCN - one photo by shop assistant - now threats of court - should i reply??


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Hi, please people need your help. Received a letter from Gladstone solicitors.

It refers to a parking notice.

They said I owe £160 to DRP.

 

To date I have ignored their letters but this is the first one from Gladstone.

It mentions the case of Beavis

It asked me to make full payment to DRP, if I dont in 14 days, I should keep them updated with address change so I can defend court proceedings.

 

There have only supplied one photo which was taken from the shop assistant of the rear of the vehicle.

No times or anything.

The signs were very unclear and small.

 

Do I pay?

do I respond to Gladstone or do I just wait for the summons and defend in court?

what are my prospects of success.

 

Your assistance would be greatly appreciated.

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http://https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(3-Viewing)-nbsp

 

 

You dont pay no, and you certainly dont ignore them.

 

 

 

Fill in the above link.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thank you for your prompt response.

 

I called the petrol station and told them exactly that. However, she just said 'well its out of our hands now and I can't do nothing about it, you will need to contact them directly'.

 

Should I call / write to Gladstone, if so, what should I say?

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That's great honeybee. Answers below:

 

For PCN's received through the post [ANPR camera capture] - this was done by a handheld camera

 

please answer the following questions.

 

1 Date of the infringement - 06/06/18

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - 12/06/18

 

3 Date received - 18/06/18

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] Yes - last para

 

5 Is there any photographic evidence of the event? just one picture of the rear of vehicle

 

6 Have you appealed? {y/n?] post up your appeal] - No

Have you had a response? [Y/N?] post it up n?A

7 Who is the parking company? CPM - UK CAR PARK MANAGEMENT LTD

 

8. Where exactly [carpark name and town] - 118 - 120 Wednesbury Road - petrol station

 

For either option, does it say which appeals body they operate under. - only says operating in accordance to independent parking committees code of practice

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

 

Received initial letter from CPM

- saying pay £60 within 14 days or it will go to £100.

 

 

Then received a reminder and

now received a letter from Gladstones to say contact Debt recovery plus limited.

If I dont pay within 14 days, keep their client and Agents DRP updated with address.

 

Also, question 8 - just found it at the back of the letter - it is IAS.

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hey that's great.

 

can I just be sure. you've not moved and gladdy's have the correct address?

 

if so ignore now till/if you get a letter of claim from them.

 

who's the petrol station owners? ESSO

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thread title updated

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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well if get a chance photos of all the signs and their position would be good.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi, once again thank you for your response.

 

I have attached the photo of exactly the photo on the day.

 

Next to my silver car, you will see a yellow bin, just above that towards the right is the sign.

 

I have lived round here all my life and I have never noticed it, it is barely visible, unless you start specifically looking for it.

 

Please find attached.

Car position.pdf

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Thread tidied

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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bit pixalated?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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use the JPG file you uploaded before

blot out the reg

 

convert to PDF and upload

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Signage is definitley not compliant. That alone will kill a claim.

 

And Gladys saying you owe a dca for a spurious speculative invoice to a totally different company? They're not very smart are they.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Might be worth an acidic letter to Gladdy's pointing out that they have no chance in court, sure ericsbrother will come up with a suitable response for the worlds worse solicitors.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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this is not a real threat of court action, it is a letter trying to coerce you into paying something you dont owe.

 

 

Now here is a question that hasnt been tested in court yet- what authority under the GDPRlink3.gif does the shop assistant ahve to pass on your personal datalink3.gif to UKCPM? is that person or business registered with the ICOlink3.gif to take such pictures for that purpose? I bet I know the answer and that menas UKCPM will have trouble explaining their role in this breach plus the one where they have lied to the DVLA to obtain your keeper details.

 

 

 

Problem is no-one ever gets done for such behaviour, at best someone sues them on rare occasions where the ICO should fine them say £500 per breach and assume that all similar incidents are equally unlawful and just hit them with a penalty that fits in with the number of events adn let them prove to the contrary.

 

 

also do you have proof that the NTK was delivered on the 18th as that is 1 day too late for a keeper liability to be created but as they arent above telling lies about the issue date just to try and get within the law it woudl be worth asking the DVLA who has accessed your data, when and for what stated purpose. the DVLA then send out a stock response about the law allowing peopel to ask so you may have to demand the information twice.

 

 

Gladstones are a firm of solicitors that own the IPC and have their registered office on a golf course somewhere They are acting as a rentathreat the same as DR+ but do so because they want to look big in front of their IPC members as they are actually quite bad at their day job.

Edited by honeybee13
Paras
  • Haha 1
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Hi, I have today been back to the petrol station to take more photos, which are attached. I have attached three photos in total. The first photo is opposite to where i parked, clearly this is not visible when you drive in. The second picture is the same but a little bit clearer. And the last pic is where i parked. I was in the position of the bigger car on the right. As you will probably notice somebody has taken the sign down. It was beneath the black sign.

More photos.pdf

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how are we supposed to read the signs from those pictures? the adsnece of the sign is helpful though but PLEASE can you read other threads carefully so you know what we expect to enable us to help you. We wnat you to be able to tell these greedy gits that you are well aware of their behaviour and have the evidnec thatyou know their

 

 

 

demands have no merit whatsoever so knowing what they are saying you were offered is importnat. The positioning of the signage means they are already on to a loser but another nail will keep the coffin lid on.

Edited by honeybee13
Paras, typos
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Hi, I have taken another picture of the sign but had to go really close to get the small writing actually says. For the avoidance of doubt, it says the following:

 

'private property.... Authorised vehicles only... a valid permit must be clearly displayedin windscreen at all times. No parking outside the designated are / parking bay. If unsure please seek advice from CPM or refrain from parking. By entering and remaining on this land you agree to abide by all the terms and conditions. Breach of ANy term or condition will result in the driver being liable for it. Parking charge of £100. Parking charges to be paid within 28 days card payment are subject to 1.50 processing fee additional parking charges apply for each 24 hour period, all part thereof that the vehicle remains in breach or if it returns any time. Terms and conditions apply 24 hr a day, all year round. Where a parking charge becomes due an application may be made to the DVLA for the keepers details. Non payment will result in additional charges which will be added to the value of the charge and for which the driver will be liable on an indemnity basis. Automatic number plate recognition may be in use. Images maybe captured and retained for enforcement purposes. We are not liable for any loss or damage howsoever caused to any person or property whilst on this site. Save under any statutory exceptions. Manage by UK Carpark management LTD.

 

 

You will not believe me when I tell you the sign which was taken down has just now appeared again. However, the problem is they have a picture of my car when the sign was there.

ACTUAL SIGN PDF.pdf

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this makes it even worse for the parking co as that is not the offer of a contract to park but a forbidding or prohibitive sign. That means any demand is an unlawful penalty.

 

What to do? now you have enough evidence to beat them if they are mad enough to try their luck I would be sending them a letter stating the following.

 

 

"Dear Will and John or Jamie and Helen, when you studied law you would have learnt the difference between a sign that is a unilateral contract and one that is forbidding in nature such as authorised vehicles only. It is a shame that the IPC cant tell the difference and advise its members accordingly but no matter as you are much cleverer than the people who run the IPC so you will of course tell your clients that there was no breach of contract to cause them to demand money because there was no contract offered and thus their demand is without cause.

 

 

 

Any claim will be firmly rersisted and your clients will lose as per usual for a multitude of reasons that a lawyer should already know and the circumstances around this matter may also result in a claim for damages as a result of the breaches of the GDPR"

 

 

 

send as is

Edited by honeybee13
Paras
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