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PCN Whitefield services ANPR Dover

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Hi,

I received a PCN

it has a date and time in but no exit time

I was there around 10 mins

I did not leave the car, Kids went in to the macdonlds there to collect take away

You could always park there previously

The sign upon entering is above head height when I sat in my car thats when I became aware of a sign; if parked there I would be liable for a charge,

I left straight away

I will try to take photos but the place is some distance away.

Many many thanks for any help.

 

1 Date of the infringement 04/11/ 2018

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 15/11/2018

 

3 Date received 28/11/2018

 

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

 

5 Is there any photographic evidence of the event? YES, ONE CLEAR PHOTO OF BEING PARKED, ONE VERY SMALL PHOTO OF CAR LEAVING

 

6 Have you appealed? {y/n?] post up your appeal] NOT YET

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

 

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

 

8. Where exactly [carpark name and town] WHITEFIELD SERVICES ANPR DOVER

 

For either option, does it say which appeals body they operate under.

IPC

 

The original PCN

it doesnt state a duration

and the entry time is in the exit place

 

Thank you for your patience.

pcnwhitfied.pdf

Edited by dx100uk
merge

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right, their claim is breach of contract for unauthorised parking. This begs the question who authorises parking on double yellow lines and how do you apply for such permission?

 

Now the real answer to that menas that their claim is rubbish, no-one is authorised to break a contrat or there is no breach so this menas there is no cause for them to claim a bean. No offer of terms so you cant accept or refuse something that hasnt been offered, clairvoyance isnt a consideration in consumer law.

 

so, what to do? well, no point in appealing as they arent going to suddenly say "youre right, our signs are meaningless garbage and we admit that we have broen the law by collecting your data without reasonable cause". they are greedy and dotn care that their signs are rubbish and the demand is unlawful, that is how they make their money so they arent going to drop the matter until they are forced to.

 

You make them drop it by letting them spend their cash chasing you up to the point where thry have spent money on a lawyer and then tell them that you know they dotn have a leg to stand on and will be after them id they dotn see sense. they then normally realise that they ahve spent more than they could hope to recover chasing you for nothing and drop the matter and go after dome other poor sod who doesnt know any better

Edited by honeybee13
Paras

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Thanks,

there was a sign upon entry, which was way above eyeline, would this make any differnce?

So to recap; wait untill they threathen court then appeal?

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Hi.

 

It could be useful to have a photo of the sign that shows it's too high, I expect EB will have a view on that.

 

I don't think you'll be appealing as such if their lawyers write to you, it's probably going to be one of EB's classics telling them where to get off. :) Only respond to them if you get a letter before claim or court forms.

 

HB


Illegitimi non carborundum

 

 

 

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I work on getting the photo of sign, probably this weekend.

Thank you HB

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you wont be appealing ever, you will be telling them they are a bunch of wazzocks and they are doomed to lose a small fortune if they try their luck at bullying you with a court claim.

You only say this when it gets that far though, no point in letting them change their strategy fro the usual failed model they currently use

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hi,

have just recieved a letter from Trace debt recovery for the amount of £160 for the original "parking offence"

please find attached letter

please advise.

many thanks

trace debt jan 19.pdf

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And Ignore!

 

Trace can't do anything, just recommend to their 'client' what action they could try. There is only two ways this can go. They stop chasing or they take court action. taking court action is risky because because you cannot enter a contract where there is a prohibition such as 'No Parking on Yellow Lines' which is an absolute bar. You cannot agree to pay any charge from that.

 

Also, this site has had many complaints

 

http://tinyurl.com/yaq2bes6

 

On a further note, I have just looked at the site in question, Images from June 2018 show no signs at the entrances to the site warning of any parking restriction. At the entry where the old petrol station is and leads down to the BP station, I can see something attched to a fence but can't zoom in enough to see it clearly.

Edited by dx100uk
merge

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Thankyou,

These companies and their tactics are dispicable.

So, just ignore the letter?

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Yes only respond if they send a proper LBA or try court, come back on here with the info, they are extremely unlikely to win a defended case.


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correct, there are no signs upon entrance warning of parking restrictions only on the fence or lampost near garage

 

Brassnecked;

will do and thank you.

Edited by dx100uk
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Also note that these restrictions do not apply to the McDonalds on site, just the access road to the petrol station. Having looked more closely at the signs in the images from 2018 the signs have UKPS on them, not CPM. If that is still the case, there can be no case to answer as they are different companies. Hopefully someone who lives closer can get up to date pictures.

 

More digging done. Hopefully this link will work

 

https://planning.dover.gov.uk/online-applications/searchResultsBack.do?action=back

 

Going back to 2014, there doesn't seem to be planning permissions for the CCTV nor advertising consent and if that is factual, any charge levied is unlawful.

Edited by dx100uk
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ask yourself when did you sign a credit agreement with Trace to allow them to add £60 unicorn food tax to the unenforceable invoice?

you didnt?

well then they cant demand anything can they.

 

Once you get your head round what is and isnt legit it all becomes much easier to relax and ignore them.

They rely on you panicking and thinking that the bill will go up to £200 and then 400 etc to get you to pay up before this happens.

They get away with it because people do panic and pay up and it isnt illegal to receive gifts.

 

Dont fell like giving them a present?

then ignore them.

 

If you get further post from UKCPM then let us know otherwise just let them waste their money sending out threatograms.

Edited by dx100uk
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thread tidied

 

dx


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Thank you all so much,

will keep you posted

x

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I hope this is helpful, in reference to signs taken in June 2018 work these maybe out of date. I work very near Whitfield and the McDonalds situated there underwent major refurbishment around November 2018 so new signage may now be in place.

 

If you need photos I maybe able to assist with this next week.

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I hope this is helpful, in reference to signs taken in June 2018 work these maybe out of date. I work very near Whitfield and the McDonalds situated there underwent major refurbishment around November 2018 so new signage may now be in place.

 

If you need photos I maybe able to assist with this next week.

 

Absolutely helpful. I do this on occasion as well when I travel near to car parks. It's only a small diversion for me.


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If any photos are needed then I’m always very happy to help, although word of warning I’m no David Bailey :doh:.

 

Unfortunately I won’t be able to take the photos until next Thursday as I’m not working at the Dover office till then. Just let me know what photos are needed and the area etc.

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