PWE PCN - Brockholes **won**

[DragonFly1967]

You were supposed to write to the parking co, they are the ones demanding money. AS they havent followed procedures it is not an IPC matter and never really can be as they deal with appeals about the charges not breaches f the law.

That might've been my fault. Sorry. But no real harm done.

 

However, if the IPC can't deal with breaches of their own Code of Practice, then who the hell can?

[ericsbrother]

They will all lose money if they acted so dont expect anything.

 

However, their reply does rather shoot themselves in the foot bearing in mind that their perception of it is that you are procedurally wrong for not appealing to the IAS when in fact you are pointing out that you dont have to appeal anything because PWE were targeting the wrong person.

 

This will prove useful if PWE are foolish enough to try and make a court claim against you as it shows that they are both ignorant and unwilling to correct matters when they are pointed out.

 

Should you now get more begging letters it would be wise to fire off another response on the lines of breach of the PoFA and copy it to your MP and let him know that the IPC are not interested in interceding when it is pointed out their members are in breach of the law.

 

All a bit slow but it will help get these clowns off the backs of the general public and force the attitudes of the parking control industry to be reconsidered.

[jason4656]

Dear xxxxx

*

Thank you for your email.

*

Whilst we note the contents of this,* there is no relevance as you have already admitted in emails to us and in the public domain that you were the driver.* As such we are addressing you as the driver and our further action will be utilising the printed evidence that you were the driver as evidence in our case.

*

In order to avoid legal action being taken please make payment.

*

Regards

[jason4656]

guess you need a forum warning up for a start as they're obviously reading this. Definitely have not admitted anything other than being on the car on any emails read them back, but this thread is definitely containing evidence...there is no reg in this email I guess?

[armadillo71]

guess you need a forum warning up for a start as they're obviously reading this. Definitely have not admitted anything other than being on the car on any emails read them back, but this thread is definitely containing evidence...there is no reg in this email I guess?

 

Funny how you mention it...

[ericsbrother]

Gosh, they want to risk a libel suit as well.

[jason4656]

Any thoughts on next action?

[JoeyJoeC]

Have PWE ever taken anyone to court?

 

It's a small company. Wouldn't be supprised if Mr Flatman himself or his 'business partner' was sending you these letters.

 

This makes me laugh....

 

New technology using ANPR cameras could be used to benefit drivers rather than issuing penalties, according to Park with Ease co-founder and director Jonathan Flatman.

 

He said: “If the parking industry continues with a heavy-handed approach to car park management, with fines for even minor indiscretions, it will always create a negative impression in consumers’ minds.”

 

http://www.motoringresearch.com/car-news/parking-fines-thing-past-0224940198

 

Seems like they like ripping people off. Even if you do pay at the meter, they will still send you a fine.

[ericsbrother]

Next action? Ignore them as they havent followed the rules so they WILL lose a court claim if it is defended on those grounds. I'm sure they know it as they have read these threads and are hoping that you are wavering and eventually cough up.

[jason4656]

Hi, just wondered why the min amount of posts in order to make a pm? and each time i make a welcome because someone pmd me i want to reply, someone deleted that post so i cannot continue my conversation in pm?

[dx100uk]

unless it is personal information

things should be discussed in the open forum.

 

you are in danger of being spoofed

 

please read the warnings below.

[armadillo71]

 

 

you are in danger of being spoofed

 

.

 

Or we are...

[ericsbrother]

there have been people on these boards in the past who make comments and offer help

when they are employed by the very company the original poster is enquiring about.

 

These posts have then been produced in the Parking Eye (oops it slipped out) evidence bundle.

 

Didnt impress any judges so they gave that up with one exception,

 

who will find out soon that they can get into bigger trouble making assertions about posters here

 

than any gain by using the evidence gathered will ever garner.

[jason4656]

I went to brockholes yesterday for a look.

 

As you drive up to the area where my car parked,

you can see the anpr camera on the entrance to the car park,

of which my vehicle never even passed on the day in question.

 

There is 1 very tiny sign not belonging to park with ease

that states to use the car park and that there are anpr cameras in place,

i took a pic of it, thats it, thats the only sign on the area where my vehicle parked.

 

My car never even entered the car park, nor the area where their anpr

they must just take everyones reg that drives up the road towards the car park.

 

The place where it was parked is a large grass verge on the edge of the area

it does not state no parking on that area, before you arrive at the car park.

 

I took pics of my car in the area where it was on the day,

you can clearly see not a sign, no contract, nothing around at all...it says as follows

 

Welcome to brockholes nature reserve

please use our car park which is located at the

end of this entrance road

 

car parking charges apply

on the reserve

anpr car parking system in use

 

is that enough?

[Bazooka Boo]

Have you lodged the appeal?

 

Have they issued you with a POPLA code?

[armadillo71]

 

 

is that enough?

 

 

For what ? Any action they take has to be against the driver as they have not followed the criteria to allow keeper liability under the POFA 2012.

 

Have you lodged the appeal?

 

Have they issued you with a POPLA code?

 

PWE are not members of the BPA, so no POPLA.

 

It is the IPC and appeal service IAS.

 

This has been stated before in the thread...

[jason4656]

Is that enough to take any action in the first place? No signs, nothing in the area the vehicle was parked.

 

What action would they be taking against the driver for parking in an area with no signs?

 

For what ? Any action they take has to be against the driver as they have not followed the criteria to allow keeper liability under the POFA 2012.

 

 

 

PWE are not members of the BPA, so no POPLA.

 

It is the IPC and appeal service IAS.

 

This has been stated before in the thread...

[ericsbrother]

They would get a severe mauling ina defended civil claim but they are hoping you have been scared or browbeaten into paying up. keep your evidence handy incase they are dumb enough to try their luck but I doubt if they will as they WILL lose any court claim and they know it. That is why they continue to make threats rather than just getiing on with the business of pressing their claim.

[jason4656]

This has now progressed to a letter before action. I Guess my questions are this

 

1 does this thread count as evidence they have already claimed to have screenshot it, so i am not trying to hide it even though I was simply gathering info on here they have suggested because i said "1" was the driver thats admission they need to prosecute

2 does the fact i never entered the car park matter? i have pics of where i parked, there are no signs, its before their car park it was a busy day and i parked where directed by the nature reserve staff

 

what do i do next? if 1 is yes, does that mean its best to pay them? regardless of 2?

[dx100uk]

from who?

 

 

dx

[jason4656]

Gladstones it's the second letter I've had from them first one was just some bullying letter. Which I replied to with a short paragraph telling them to stop contracting me as pwe had not followed pofa but now got LBC.

[dx100uk]

after all this time I doubt anyone bar the parking company can do anything .

 

gladstones do not own the 'debt'

 

only the parking co can issue a claim

 

dx

[jason4656]

this is a solicitors letter on behalf of the claimant the lba is legit

[ericsbrother]

Gladstones act as a DCA so use their other hats to cause distress in the hope that people cough up.

 

 

However, they can obviously be instructed by the parking co but I believe that they do start actions without the explicit instructions

using a more general "clients best interests" agreement.

 

 

When it goes wrong for the parking co Gladstones then get to play the blame game but never lose out themselves.

 

If it is a genuine LBA just respond saying that the claim has no merit as they are well aware and will be defended vigorously.

[jason4656]

Well its been 3 long years almost since this happened and today was the court date!

what a complete joke!

 

Firstly they didn't send the witness statement to me as per the courts directions a set date and time in fact they didn't send it at all

 

when arrived at court I pointed out there was no claimant witness statement

when the judge asked the solicitor why she said she didn't know why,

 

gladstones sent someone who didn't seem to know the ins and outs of the case or what it was she was arguing

- I thought this was surely my ticket for a dismissal.

 

The judge suggested I accepted it now and took 10 mins outside the court to read it

- I was a bit nervous

 

I read it

more meaningless nonsense from flagman

 

. I went back in asked that the WS was not admitted as evidence and that the case be dismissed due to the fact they hadn't complied with the courts directions

- the judge ignored me and proceeded anyway.

Which I was a bit taken back by - surely it should have been thrown out at that point...

 

as they got into it, the judge didn't seem to know much about parking,

he wasn't interested in pofa, and their non-compliance,

he did know that Gladstones and the IPC are one in the same though.

 

He pulled up the solicitor on why fatman had not appeared himself, and on lots of legal points that were not clear,

 

said they have little argument and the solicitor couldn't answer most of his questions,

he stated that if fatman himself would have shown up, he could question him.

 

What got it dismissed was that I didn't go into the car park,

I took a pic and used it as part of my defence as to where I had parked and he said that there was no contract map showing where they had the right to operate

therefore the case would be dismissed,

 

also the fact that most answers about their case were responded to with 'dont know' by their solicitor, the fact fatman didnt turn up, and the lack of clarity on it all.

 

The court would only award me 1/2 days costs? lol

this was a joke considering all the 3 years of nightmare this company had caused with their attempts to bully me into paying.

 

I didn't get much chance to speak but I didn't need to

, it went on for about 40 mins though was not a fun time for me,

 

but all in all glad it's over .

 

to mr fatman proper scandal that one!!

bullying people for money

getting them to pay up based on fear of the courts,

of what might happen,

its just as bad as mugging someone or robbery.

 

if anyone can update the thread title to WON! that would be great,

 

look forward to my cheque in the post and having a nice meal out and a toast to jonathon

 

thanks to David at ppa for all the help and direction,

even at the end of the day without the the money it was worth it to write this