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    • Hi I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof? 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No    Have you had a response?  n/a 7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice'  
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
    • Evening all,   So today, I was sent an updated offer that includes the £12.60 I spent on letters, but they have declined to add the interest at £7.40. They have stating 'We acknowledge your request to claim interest to date, however, this would be at the discretion of a trial judge if the claim did proceed to a trial hearing.' I think I am content with this outcome, and pushing this to a trial for a total interest of £15.30 throughout the claim does not make sense to me.   What are people's thoughts? I am sure our courts have better things to concentrate on?
    • FFRSG3424ListofEvidencepdf-V1 2-merged.pdfFFRSG3424ListofEvidencepdf-V1 2-merged.pdf 2pages T&C,s UCM
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Hx PCN - gladstones PAP Letter of claim - bought ticket 2mins after grace period - Damside Street Car Park Lancaster


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Hi,

I entered the Damside Street Car Park in Lancaster on 09/09 2018 at 11:57:47 with a 5 years old daughter in distress.

 

While my partner took care of her I had to go around to find a place where to change money because I didn't have enough loose change to pay for a parking ticket at the ticket machine. Therefore I bought a parking ticket valid for 1 hour at 12:10 (just over two minutes after the 10 minute grace period finished).

 

I left the car park at 12:13:02. In total,

I stayed there for less than 16 minutes but purchased a ticket allowing me to stay for 1 hour (plus the 10 minutes grace period).

 

A few days later I received a Parking Charge for £125.

I tried to appeal with the HX Car Management and with the Independent Appeal Service but with no success.

A few days ago, I received a Letter Before Claim from Gladstones solicitors threatening with a legal action if I don't pay £160.

 

I'm not sure what to do.

Shall I pay or shall I go to the court?

Do I have any chance in the court with no legal experience?

 

Thank you for your help

Miroslav

Edited by dx100uk
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The 10 minutes Grace Period is not a fixed time so 12 minutes is not unreasonable you paid so no loss to the sharks. In reality they would lose a defended case in court, as 2 minutes over an arbritary Grace period is de minimis, a trifle, others will be along soon but I would reply to Gladdys reminding them that the Court doesn't concern itself with Trifles, and 2 minutes is trivial as you paid for an hour, there was no loss to the parking shark.

 

I'm sure ericsbrother can suggest an acidic reply to Will & John regarding the fact that they will lose in court and they would be advised to crawl back under their stone.

We could do with some help from you.

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Others will be along soon with further advice, but main thing is not to panic, that's just what Gladdys want to scare people into paying money they don't owe.

We could do with some help from you.

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lets be clear about this, no-one is concerned as to why you were late getting change, it could be that you took 12 minutes to phone your lawyer and read out the terms of the contract offered to you befiore they said to go ahead and accept the offer so dont worry about it too much. there is also case law saying that going to get change is a reasonable excuse for being late feeding the meter.

 

You are not the first person to get a charge notice for this and i think that the advertisement of the first 10 minutes for free create a separate contract for the rest of the stay so the grace period is in addition to the 10 minutes free parking.

 

Im sure that HXP will disagree but they cant have it both ways, look at previous cases where people were stopped from exiting a car park for various reasons and the 10 minutes is added to the end of the PEERIOD OF PARKING as this has been differentiated from the queueing, reading signs etc but then rebundled into the ACOP to cretae the minimum grace period we know and understand.

 

So you took 12 minutes to feed the meter? so what, they got the prescribed fee that paid for the PERIOD OF PARKING and it doesnt matter one jot that you didnt pay at the very beginning, people using ringgo have all morning to pay up at a lot of sites and with thwe London congestion charge and the dartcharge you have an extra day to pay up. The critical point is you did pay

Edited by honeybee13
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you don't need any legal experience or knowledge

 

simply reply to the PAP letter with a letter based on our typical snotty insulting one

eb i'm sure will help you

dx

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 search cag box of the top red toolbar

 

I found this from today

it helps to read some threads here too.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?493006-Smart-Parking-PCN-Energie-gym-Sheldon-Birmingham-now-Gladstones-Solicitors-Letter-Before-Claim

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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your response is quite simple, you paid the prescribed fee to park and there has been no breach of contract so no cause for action by their clients. Any claim will be robustly resisted and a ful costs recovery order sought as your clients will know thier action is unreasonable

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A letter as per ericsbrother should send them on their way, they would be silly to try court as it would show their action is unreasonable and potentially vexatious, and they are highly likely to lose on that alone, without their lack of any breach of contract, there is no loss to them so no course of action against you.

We could do with some help from you.

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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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