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HX/Gladstone ANPR PCN Claimform - 10mins overstay - Damside street car park, Lancaster

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Hello all,

 

I received a letter today in the post from Gladstone solicitors requesting for £160. I checked online at HX car park's website the PCN quoted on the letter does not exist as it is not recognised.

 

So I called the solicitors as they said to if matters needed to be discussed. Called to find out why there's a charge for a parking that was paid for and why no PCN issued and why is this the first time they can contacting seeing as date of charge is 04/03/2018.

 

In which she responded rudely that they sent a letter in June and they are acting on behalf of HX Car management and if there is a problem with my post to contact royal mail and for my information they will be issuing a letter to the courts in which i said I've only just received a letter which i wasn't aware of and I've not been giving opportunity to appeal. Her response was to go to Citizens advise bureau.

 

After speaking to a friend, he informed me to contact this forum as i really do not understand how a parking ticket which was paid for will result to £160. I wish I never spoke to her because it's giving me a bad migraine.

 

Do not know what to do next? I've attached the letter received today.

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Thanks now I know never to.

 

please answer the following questions.

 

1 Date of the infringement : 04/03/2018

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] : Never received

 

3 Date received : n/a

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] : n/a

 

5 Is there any photographic evidence of the event? No

 

6 Have you appealed? {y/n?] post up your appeal] : No as only letter before claim received

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

 

7 Who is the parking company? HX Car Park Management Ltd

 

8. Where exactly [carpark name and town] : Damside street car park, Lancaster

 

For either option, does it say which appeals body they operate under : No

 

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

image1.JPG

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To answer your question as to why they are asking for this amount is simple. They made it up.

 

Now, the parking co , egged on by Gladstones, the solicitors that are also the parking trade association, the IPC in a different dress so they have a vested interest in pushing this to get you to pay up as they earn a hishonest few quid out of it. That is why the bill is £160 and not the £100 original charge.

 

As for the missing letters, the law says they were delivered so even if you didnt get them because they didnt really send them then they are deemed delivered and you chance for examining that will only come if the matter gets to court.

 

because you have phoned them they think you are worried about thsi and therefore sending the usual get knotted letter wont work in your case so if the car aprk is near to you then getting some pictures of the sigange will help us no end as they will be the best thing to start to clobber them on.

 

Now tell us about the original parking event, what did you pay and so on.

Once we have seen the signage the we will offer a suitable response that may make them change their mind about court but to be honest I doubt it as they think you are ripe for plucking

 

as they have given you 30 days to respond then you have plenty of time to do some digging and reporting back here.

 

HX are fairly new on the scene and are keen on court but ahve clocked up a couiple of losses on the claims we became aware of so you stand a very good chance of seeing them off without actually having to get as far as court

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Thanks for the quick response. I went visiting a friend who is also a student that lives at a building owned by the car park on the 04/03/2018. I think i arrived there at 4.45pm or 5pm. it's been too long. another lesson is to pay by card going forward.

 

I paid for 2 hours to start off with and when I realised I was going to stay longer, I went and topped up for another hour. In total I paid £3 in cash. I got back to the car about 5-10mins late as it was pouring with rain which I know is no excuse and that's what they are intending on charging me for.

 

Attached is their signage, luckily my friend still lives there so she went downstairs to take the picture. I can see from the signage that it's saying that no free parking periods. Does that mean i am guilty?

 

I think it is unfair that they are allowed to do this to people especially re missing letters. I'm learning a lot today.

image1 (1).JPG

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Hi

I have looked on Google Street view of this site and there is no terms and conditions visible anywhere except on the right as you enter. One small sign which is easily missed.

 

 

You paid £3 so that entitled you to 3 hours parking. In fact you overpaid as it is £2.50 for 3 hours so they have suffered no loss whatsoever. As members of the BPA they must allow a grace period of 10 minutes MINIMUM so that would shoot any claim right out of the window.

 

 

Ignore? Appeal? Looking at the paperwork, doubt they have much intelligence with the company and if you did appeal (and get rejected by them) they wouldn't want to follow through with the BPA.

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Not sure what I should do. I'm thinking of appeal.

 

It's so surreal on when i asked her for copy of the PCN which was supposedly sent out, she said she can't provide it.

 

They should by law shouldn't they because i know whilst at work we normally request it from TfL and it's so weird how there is no PCN nor reminders sent to me. Everything just seems so fishy.

 

What would you please advice I do for now?

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please don't equate anything private parking sc@mmers do with TFL ETC etc

they are PENALTY charge notices and are fines

 

PPC's issue speculative invoices...totally different.

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you cant appeal and if you try they will make mincemeat of you so stick with us. Also the sign you psoetd up makes no mention of charging you £100 for overstayiong so they cant and that is that. They atre also apparently members of the IAS, which doesnt exist any more. Their BPA membership is as assocaite members so you could never have appealed to them anyways.

 

You need to stop panicking and flustering and start preparing for a fight As said, I bet they have you down on their mugs list after your phone call but never mind, we will pen a suitable response. As for GUILT? no such thing, it is a contract we are arguing about and that sign doesnt offer one that allows them to charge you for overstaying so you havent broken it.

 

I will pen somehting suiyable tomorrow but first get your friend to photogrpah the entrance to the car park from the public highway and also photograph the meter you shove the money in so we can see the wording on it clearly. that last bit is the actual contract but if it is as sloppy as this sign no worries.

Edited by DragonFly1967
Spacing

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Good morning all,

 

Attached are the pics are requested. Thank you.

 

These kind of companies are day light robbery and i'm surprised they are allowed to exist.

image4.JPG

image2.JPG

image3.JPG

image5.JPG

image1.JPG

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Well these signs are different from what they were on Google Street View. Were there any terms and conditions visible AT the P&D machine? There is no mention of a discount period that I could see.

 

 

I will check online to see if they have applied for planning permission as the changes made from the old to the new images are quite different.

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your pictures are almost illegible and we cant see how the big sign shown in the earlier post fit in to the scheme of things. There is also another sign to the right of the entrance that isnt reproduced and loads of little ones scattered about. We need to see all of them and be able to read them, which we cant as small jpg's.

 

Howver, there is nothing on the meter that says you owe £100 for anything and that is the actual contract you accepted by feeding the meters so the rest of the sigage is just for decoration rather than having an effect on what you considered..

 

get back to us pronto with the better pictures and we will pen you that letter

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What a cheek gGadstones have advising the OP to act reasonably and proportionately. Like they would know!

 

Interesting that HX thinke that just because they advise motorists that should they stay in the car park for longer than 10 minutes they become immediately liable for all their T&CS. They cannot be serious.

 

And their ANPR takes images of the occupants of cars and bystanders too. Is that not a breach of GDPR?

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Thanks everyone. My friend is away and not back till wednesday. I'll try and get someone else that is still around to take the pictures again.

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Good morning,

 

Attached are pictures as requested. thanks

 

Hopefully this pictures are much better quality.

 

Do you want pics in PDF as well?

DSC07484.jpg

DSC07483.jpg

DSC07482.jpg

DSC07481.jpg

DSC07478.jpg

DSC07477.jpg

DSC07476.jpg

DSC07474.jpg

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They are the "Invincible Gladstones" and will lose a well defended case anyway. best to acknowldge on line on MCOl ,

pop up on the MCOL website detailed on the claimformlink3.gif.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click through to the end

confirm and exit MCOL.

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can I just check this was an ANPR capture not a windscreen ticket

you never received the NTK within the 14 days [why not, is the car registered to another address?]

its an overstay of about 10mins covered by the min 10 mins issue

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I'm an ANPR capture as no windscreen ticket was issue. Till today i've not received the NTK and when you go to HX park website, the NTK does not exist which is wierd and this i voiced to the person i spoke at Gladstone.

 

Yes they do contradict themselves, a sign says you are not permitted to overstay whilst another says you can!!

 

This starting to get too much as i feel like they are bullying me. How can they issue a county claim when their letter is dated 19/07/18 and I am supposed to have 30days to appeal and request for all information that was never received. They are surely breaking the law.

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ok well deal with what now

and don't speak on the phone again.

 

can you fill in the link from post 22 please and well get you moving.

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