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    • Yes print 3 copies......Claimant Solicitor not the claimant....the address will be the same as your Proposed Notice of Allocation. CCMC Salford.   This is to allocate the claim to track...the next stage of the claim process.....as for if you have to pay .....who knows until it actually gets to a hearing and you win or lose. 
    • now I notice 2 things, 1 they have failed so say who the creditor is so they have failed to create ANY liability 2 thay have failed to indicate the location of the alleged incident, Chalon way industrial estate? housing? multistorey car park? the POFA is clear on this, no correct location, no charge. 3 in the second NTK the image of the car leaving appears to be an image of a car entering the car park on the wrong side of the road ( I do this a lot) As the cameras they use are at best 95% accurate this leaves room for doubt that they have actually captured your vehicle in both pictures as entry and leaving  for the same parking event.
    • E&W=England and Wales for correct sign see TSRGD paper on disabled parking and within that fig 6. note layout and size Whilst you are at it look at all of the suggested floor markings and bay sizes. The ones shown dont pass the regulations. That means they have fiale to meet planning regs. So then we look at intent- now they will argue that the intent is clear but then as the layout, markings and signage fail to follow the code of practice they will be considered advisory (as they should be on private land). Can it be true that you can be sued for ignoring someones advice, esp when there isnt a contractual term that says anything about it in the first place? In the fullness of time you will be copying this pdf and using it as evidence. In the meanwhile you stick to the deadlines imposed by the court procedure and if they fail to pay the allocation fee in tiem you ask for the case to be chucked out. At near the end of thsi month you post your outline defence via the moneyclaim portal and state that (1) the claim is denied as there  was no offer of a contractual term to breach in such a manner  (2) the claimant has failed to show a cause for action against the defendant, being the keeper of the vehicle because they have failed to follow the protocols of the POFA so cannot create a keeper liability in this matter.  The claimant has failed to identify the driver at the time (3) the Particulars of claim are so vague  it is impossible to determine what the claimant is actually relying upon to show a cause for action in terms of the location, date of event and how the the amount of the claim (sum of £160) was arrived at and particulary the signage they rely on to form a contract with the public. The defendant invites the court to issue a Case management Order under CPR3.3 to instruct the claimant provide evidence that signage that expressly offers a contract exists as claimed and that this contract was then breached as the defendant believes that the claim has no reasonable grounds and is a waste of the courts resources and should be dismissed if such evidence is not produced.   the last point may well be ignored whislt the paperwork is processed at Northampton as they dont read much of it and it will only be read once it gets allocated to your local court so prepare to get as far as a hearing in any case.  
    • At the end of the day, I tend to agree that they have been more than reasonable.
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GXS Services Ltd windscreen PCN - residential - Location: West Sussex.

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Greetings to the best forum ever!

 

I received a PCN in my own space (rented flat) in early February asking me to pay £100. I decided to ignore it and not appeal to the parking company.

Then, 32 days later I received a Notice to Driver Letter (?!) that confused me as I was expecting a Notice to Keeper one (if I understood well).

This letter "invites me" to pay £100 or identify the driver and his/her address.

I would be grateful if you could give me a piece of advice?

Please find details below:

 

1 Date of the infringement: 11 February 2019

 

2 Date on the NTK: Never received NTK but I received NTD 22 March 2019

 

3 Date received: 24-25 March (I cannot remember exactly)

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?: No (on the NTD)

 

5 Is there any photographic evidence of the event? Yes, 3 photos. 2 of the windscreen without a permit and one of the back side of the car


6 Have you appealed?: No

Have you had a response?: N/a

 

 

7 Who is the parking company? GXS Services Ltd

 

8. Where exactly: Allocated parking space outside the block. Location: West Sussex.

 

Many thanks!

 

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have you a permit?

not that it matters you have supremacy of contract over any stupip PPC and their speculative invoice

 

dx

 


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Dx many thanks for your reply.

 

Yes, I do (the permit scheme started just after Xmas) but on that day it fell off the windscreen. 

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Can you post up pictures of any signage at the entrance and adjacent to your space, also is it a "Gated" development?


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one multipage PDF only please 

read upload

do not post pictures directly to a post here as JPG's


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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No it is not gated. The allocated space is a 3 min walk from the the apartment. In between there is a shopping centre parking that is regulated by the local council. Funnily enough, you can park for free there after 6.00pm and I got a PCN at 7.00pm in my own space :) . Please see photos as requested.

PCN Feb.2019.pdf

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we need to be able to read the sign including all of the small print and also the letter you got. With the letter you need to redact the letter so your personal details, car reg and any of their reference numbers or barcodes are obscured.

 

now the devil is in the detail with residential parking as most places will have parking allocated to the flat by way of the lease and this trumps any contract the management co signs up to with the parking cowboys. However, it isnt always so and common areas would not fall under that supremacy of contract.  If th parking spot is actually part of the land contained in  the lease then the parking co has trespassed and not only do they not get to chase you for thier money you get to clobber them for breach of the GDPR and harassment. Ask your landlord about what it says about parking in their lease.

As for permit falling off windscreen, if that is down to a lack of stickyness of a self-adhesive permit then they are at fault and cant claim a breach of conditions. You cant sue someone for stopping suddenly if you crash into them when you know your brakes dont work!

They are IPC members so dont bother even considering an appeal.

Now with this particular company the directors are involed in extreme martial arts and security businesses together so I wonder if where the signage limits access their employees and themselves need a SIA licence. This would apply to any private land where there is prohibition so signs saying authorised persons or residents only and they have a so-called management role then perhaps they need to be qualified.

However, that is for the future so decent picture of the signs and a good copy of the ticket and letter for us to ponder over please

 

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Hi ericsbrother many thanks for your detailed response!

 

I contacted my landlord but he is currently overseas and he will check his lease when he returns to the UK. He was neither aware that the management decided to apply a permit scheme nor he was consulted.

 

Unfortunately, I cannot find the ticket. I must have thrown it away (how stupid of me). Please see attached the letter and signs. 

Letter+sign.compressed.pdf

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This is a real dogs breakfast of an NTD. For a start it should be a Notice to Keeper and they would have been given the address of the keeper from the DVLA . And yet this drivel  states "You have been named as the driver at the time the PCN was issued"!-my exclamation mark.

 

They are clair voyant? Who told them who was driving? Then five lines below they say "if you were not the driver of the vehicle......." they ask for their address.

 

Just when one would have thought that nothing could outdo the farce that is brexit along come  GXS Services. Not only does it give us a good laugh at the expense of a parking company it also means that even if they had you bang to rights for not showing your permit [which they haven't] they have failed to comply with POFA so you can safely ignore them.

 

One would hope that they would not be so stupid as to try Court a ta later date but given their record with you so far there are obviously doubts. If you get a  pre action protocol please come back to us.

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Dear all,

 

Many thanks for your advice :) I will ignore them and get back to you if I get a pre action protocol. 

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I note they say you have been named as the driver- really? that can come back to haunt them if they do try suing you at some point in the future.

Now with residentail parking in your own spot it is rareky worth arguing about keeper liability but just showing that they are making statements that are just untrue will call the rest of their assertions into question and they will then have to work harder to prosecute their claim.

also they make it clear that it is the LL permit scheme so that brings into question their right to demand payment. you could have been given permission NOT to have the scheme applied and they wont be able to disagree with this poit becasue they cant deny the LL rights to do as they wish

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