PCM PCN - London Road 686 - TW3 now gladstones

[KOLLI4]

on the 18/05/2017 i received a parking charge through the post asking for £100 because 28 days has elapsed since they gave me ntk

this wasn't true

i sent them a email the same day

told them what happened and i didn't received any ntk.

 

 

the 9/06/2017 they send me a letter rejecting my appeal but reduced the charge to £60 if paid within 14 days.

i refuse to pay and

 

 

on the 6/09/2017 gladstones solicitors start bombarding me with letters to recover a total amount of £160.

 

 

on the 20/09/2017 the send me another letter now they say its a final reminder after that then court.

 

date of infringement:03/04/2017

 

date on the ntk: never receive one

parking charge-keeper liability:18/05/2017 and it mention schedule 4

yes one photo

the parking company is parking control management ltd

official body ias

 

i wrote a lettre to them

i told them exactly what happened that day,

i was very sick i had a panic attack and

i was suffering with a severe anxiety i couldnt carry on driving i had to stop i felt dizzy

 

 

i pulled into a the first space i found,

it was in the pavement

left my car because i had a bad panic attack

20 minute later jumped again into my car and drove home.

 

 

i send the my psychologist details to confirm i was sick

told them i wasnt working and under medication.

 

 

i went back today took some pic the signage was very very bad impossible to tell its a controlled parking.

 

 

they refuse to cancel the tickets

i have 5 kids

i just comeback to work partime

 

 

i cant pay this fine.

[dx100uk]

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

 

please complete the above

dx

[KOLLI4]

I want to attach pictures and letters but i cant upload them

[honeybee13]

Hello there.

 

Click on the word upload and you'll find instructions. HB

[dx100uk]

and it is NOT A FINE

nowhere do they use that word.

 

link in post 2 please is your 1st priority

[KOLLI4]

Attached all the lettre

 

i have anwsered all the question i think

[dx100uk]

we don't need 10Mb of movies!!

 

 

we need simple pictures and the letters

but they NEED TO BE REDACTED!!

I've hidden all that you've uploaded as you've not redacted one bit of it

 

go read the upload guide please and follow it

put the pictures into ONE MULTIPAGE PDF file

along the letters

thats all we need not 35Mb of movies

[KOLLI4]

and it is NOT A FINE

nowhere do they use that word.

 

link in post 2 please is your 1st priority

 

No no word of fine

 

Date of issue 03/04/17

Date of NTK:did not receive it

Date received didn't receive it

I receive parking charge keeper liability letter on the 18/05/2017

Yes one letter with a photo of my car

 

I appealed to the pcm ltd - Rejected

 

Parking company pcm ltd

 

IAS

[ericsbrother]

NTK was the letter of the 18/5 unless they used ANPR and rely on papa 9 of the POFA. Did you get a ticket slapped on the car?

 

By appealing you have probably made it easier for them to take this further as up to that point you held all the cards.

 

We need to know what exactly your appeal said word for word and what their response was.

 

After that some images of the signage,

entrance to the land from the public highway

and sight of the correspondence received so far

 

couple of other things,

is the address the HSS tool hire shop or the pub next door to it?

On google streetview there are no signs anywhere that would suggest anything to do with parking

 

please tell us the place the event refers to.

Also, if it was a shop or the pub make enquiries about whether they still have the CCTV from that date as you can then demand it under the Data Protection Act and use that to see if PCM employed someone to slap a ticket on your car and somehow it has magically disappeared..

 

I this evidence exists then that will give you grounds to take the matter up with trading standards as quickly as possible for fraud.

[KOLLI4]

hi thanks for ur help I just upload some picture and all the lettres hope this help.

 

on my appeal I just said the truth I was very sick I had a panick attack

I had to stop the first place I found was this space in the pavement outside a parade of shop didn't look like a managed car park

 

 

didn't see any sign at the time no pcn was found in my car after I cameback

someone took a picture of my car

a lot of cars parked in the same space without any permit holder or payment ticket.

 

they reject my appeal

this is what they wrote

(pcm appreciate the circumstances for why you parked in this position,

mitigating circumstances cannot be taken into account at this stage of appeal.

 

 

by parking in this area the driver enters an agreed contract and such mitigating factors cannot be considered)

pcm ltd

I attached a copy of the letter

[dx100uk]

good work though you stil left all the PCN numbers on each page!!

ive sorted it for you

[KOLLI4]

Many thanks sorry

[ericsbrother]

On their picture there is a ticket on your screen, was this there when you returned to your vehicle?

 

 

There is a common thing that occurs and that is the placing of tickets on vehicles and then removing them after photographing

so the first thing you know about it is when you get the NTK a month later and the discount period has gone

and also they dont have to send out a NTK within 14 days as they would if they relied solely on para 9 of the POFA.

 

Now, what happens on sites like this is staff at the shop are given books of tickets to dole out by PCM and they get a consideration for doing the work.

 

What you are accused of is parking without displaying a permit.

Well, this isnt a breach of contract because the ONLY people allowed there at that time are those people who have one

so it is not an offer to let you park but a prohibition.

 

 

For this reason there is no offer and consideration,

they say you CANT park,

not that you can park if you pay us £100

so the money claimed is a PENALTY and thus unlawful.

the BEAVIS decision reinforces this so the parking co doesnt have a claim.

 

Also, the signage is inadequate as there appears to be just one sign that may or may not cover a number of street addresses including 686 London rd

but the parking area appears to be connected to the pub next door so the 2 at a cursory glance appear to be unconnected.

 

What I would do is send Gladstones a letter saying that

"it is denied that any debt is owed to your client as no offer of a contract to park was ever offered and you are not going to pay a demand that is in any case an unlawful penalty.

 

 

As the worlds greatest solicitors you should know the difference by now as you have been losing your clients money by the bucket full over cases like this.

 

 

If your client is foolish enough to continue along this path

I am minded to counterclaim for monies under the decision of VCS v Philip, Liverpool CC Dec 2016 for breach of the DPA"

 

Dont be nice to them,

they will continue to court if you try that.

 

 

In the meanwhile get the details of who actually owns the land from the Land Registry.

This will cost you £3 but will show that HSS arent the landowner but tenants

 

 

when you ask them for a copy of the contract between PCM and the landowner

( you will be able to ask for it by their name by then) they will have no leg to stand on.

Edited September 28, 2017 by honeybee13
Paras

[KOLLI4]

Thank you very much for the reply

I’m gonna do exactly what you said,

 

 

just to clarify that what you see in the screen is not a pcn ticket

but a receipt book on the dashboard

 

 

I asked a mecanic next door

he told me that one of the staff from this shops take the photos and send them to pcm ltd.

 

There is 3 sign in the site

all of them on one side

fixed between the shops if you don’t look for them you don’t realise they are there.

[ericsbrother]

then that is para 9 of the POFA and they have to send out the NTK within 12 days of the event.

You need to ask the DVLA who obtained your keeper details and when .

 

 

this last bit is critical because if they have not done this within the correct time scales

they have left themselves open to making being sued by you a damned sight easier.

[KOLLI4]

Amazing ur a star please can u advise me should I email them or write to them

[ericsbrother]

you WRITE to them,

never email as they will only use it to harass you for free.

 

 

You may want to send a copy of your letter to the parking co as well

so they know that Gladstones are incompetent rip off merchants if they dont already know that but dont care as long as they get their cut.

 

 

They may consider that spending another £100 to get nothing isnt worth it and just call a halt to proceedings.

To get any money they rely on fear or ignorance,

once you show you arent frightened and ignorant they know they dont really stand much of a chance at court so drop the matter.

 

 

Unfortunately they often drag this out until the day before a hearing and then chuck the towel in so expect to have to continue with this a bit longer.

[KOLLI4]

checked with the land registry and found out that the landowner is not HSS but tarra properties limited i attached a copy from land registry

[KOLLI4]

one more thing before i finish the lettre please.

i remember ive reed somthing about the use of the photo to issue tickets,i think the photo should have the time the date printed on them and should not be edited. can i use this as well?????

[dx100uk]

only use post 13 stuff.

 

save the rest for if they are stupid enough to do court

don't fire your other arrows now nor alert them.

 

dx

[ericsbrother]

agree with DX,

you are telling them to get stuffed at this point, not going into detail as to why.

What will hapoen is the parking co will invent letters and file them and claim that they were sent.

 

 

As you have already appealed to them a lot of what they need to do regarding the POFA is redundant asnd keeping quiet about them not following procedure means that if they do issue a claim you can point out it is a preach of court procedure because they never even sent yo ab invoice as prescribed under law.

If the judge is being tough that alone will be enough.

 

 

As it stands all they have to do is send one out,

doesnt matter how late as thy know you are the driver

[KOLLI4]

Please can you check this lettre can i send it to gladstones like this.

 

Dear sir,madame

 

On 18/05/2017 I wrote to your client and made an appeal.

I told them I was unwell and I had to stop my car and anywhere urgently because my condition prevented safe movement of the vehicle and I provide proof of my medical condition (letter from IAPT) and the details of my doctor.

 

I made it very clear to them that I was sick and under medication and still today it’s impossible for me to deal with these things because it’s affecting my recovery.

 

No signage at the entrance of the so called parking and doesn’t comply with the department of transport guidance on appendices B.

 

We wrote to TARRA PROPERTIES LTD the landowner asking them for a copy of the contract with your client PCM ltd. If you have one can you forward this to me.

 

It is denied that any debt is owed to your client as no offer of a contract to park was ever offered and I’m not going to pay a demand that is in any case an unlawful penalty.

 

As the worlds greatest solicitors you should know the difference by now as you have been losing your clients money by the bucket full over cases like this.

 

If your client is foolish enough to continue along this path I am minded to counterclaim for monies under the decision of VCS v Philip, Liverpool CC Dec 2016 for breach of the DPA.

[dx100uk]

cant see that mirrors post 13

just uneeded waffle

[KOLLI4]

Dear sir,madame,

It is denied that any debt is owed to your client as no offer of a contract to park was ever offered and I’m not going to pay a demand that is in any case an unlawful penalty.

 

As the worlds greatest solicitors you should know the difference by now as you have been losing your clients money by the bucket full over cases like this.

 

If your client is foolish enough to continue along this path I am minded to counterclaim for monies under the decision of VCS v Philip, Liverpool CC Dec 2016 for breach of the DPA.

[ericsbrother]

If someone suggests a response takes a certain form of words it is for a reason.

 

By wanting to get your mitigation and possible defence reasons into your reply you just make it easier for them to understand where your weaknesses are and also your thought processes for the next stage.

 

This make it all the more likely that they will then try their luck and rewrite their whole evidence to fit in with what you have said so don't ever go into detail of who or what was done on the day or what you know.

 

The brief bit about no contract is enough

, being rude to them lets the know that you aren't afraid of anything else they do.

 

By copying the insult to the parking co reminds the parking co that you know that Gladstones are selling them a pup if they buy into doing court and don't forget, it is the clients decision but often they have Gladstones telling them that they will underwrite the action but end up with a massive bill when it all goes wrong.

 

Most people don't defend so it is usually money for nothing for both parties.

This response makes it clear that it will cost them dearly without giving away anything.

 

At this stage you are telling them you have a big stick

, if they persist you show them the big stick

and if that still doesn't work you beat them with the stick.

 

They know this because they have been there before and can read.

They are relying on you not using the stick