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    • Thank you all for your input so far. I have now received a letter back from my CPR 31.14 stating 'CPR 31.14 is not relevant to small claims matter, pursuant to cpr 27.2......we are under no obligation to disclose the documentation at this stage.' I assume this response is expected?   I have reworded my defence and made it more succinct, I'm not sure what else I could add?   1. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.   2. It is admitted that the Defendant was the registered keeper of the vehicle in question. However, the defendant has no liability as they are the Keeper of the vehicle, and the Private Parking Company has failed to comply with the strict provisions of PoFA 2012 to hold anyone other than the driver liable for the charges.   3. Signage at the site is not sufficient. A sign is present on the left hand side of the entrance, away from the driver, and therefore cannot be easily read by the driver of a passing vehicle. On closer inspection this sign states ’Refer to the full Terms & Conditions signs located throughout the car park’. Signs are located so that information is often obscured by other parked cars and is difficult to read. These signs state ‘Entry to or use of this privately operated and managed car park is subject to the current terms and conditions of vehicle control services ltd. Motorists/persons utilising this car park hereby accept in full the terms and conditions.’ Therefore, the driver is deemed to have agreed to the terms and conditions by having entered the car park before knowing what those terms and conditions are. The elements of offer, acceptance and consideration both ways have therefore not been satisfied and so no contract can exist.   4. The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4 not with reference to the judgement in parking eye v Beavis. It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the civil procedure rules 1998    In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4. 
    • On side note: I have notice that many people without the skills to argue their point, accuse others of being rude, racist, sexist, homophobic etc. I.E. Excuse me, i don't have a receipt for this refund, but i have my bank statement,  can i get a refund? -No, no receipt no refund - But your policy and the law says "proof of purchase" not "receipt " - You're rude/racist/homophobic, you must leave now or i call security.    I see this happening day in day out. Even kids do it, they're very quick at gaining a crowd's attention by shouting "racist/homophobic" so they can feel they've won the argument.  Sad.  
    • The advice is: make a complaint and get a refund. Then make another complaint about the inspectors attitude if you want, but changing the world is something that it's not going to happen, surely not for an excess fare. Inspectors are given discretion and unfortunately some of them take this as a sign of power over other people. It's impossible to sack all people who have a little position of power and employ more, hence the complaint system.  That's life and as .much as everyone of us want to improve it, it's an impossible task, so don't waste your time and brain on it. Just accept that there are things you can't change.  Get your refund, get your apology, then move on. That's my advice.
    • Hi.   I've removed part of the account number to keep this anonymous for you.   Have npower done what the ombudsman said?   HB
    • Read our customer service guide.   You've been here since 2012
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karlmarx934

UKCPM PCN - no permit - Aylesbury Grand Central (residential parking)

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Hi All,

 

I just received a PCN from UKCPM for not having my pass displayed at 23:08 on 06/07.

 

Standard £100 charge with an ever so kind of them discount to £60 for 14 days.

 

What's the best way to deal with this?

 

Thanks

KM

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please complete this:

 

 

and scan up the PCN bothsides to one multipage pdf

read upload

 

dx

 


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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

 

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Using the ANPR template from the link dx posted as they didn't leave a windscreen ticket and just sent it to me in the post...

 

It's shown as a Parking Charge Notice not a Penalty.

 

1 Date of the infringement 06/07/19

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  15/06/19

 

3 Date received  17/06/19

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes

 

5 Is there any photographic evidence of the event?  See attached

 

6 Have you appealed? No

 

7 Who is the parking company? UKCPM

 

8. Where exactly [carpark name and town] Aylesbury Grand Central (residential parking)

 

For either option, does it say which appeals body they operate under. Appeals go to IAS

 

UKCPM_NTK_17-07-19.pdf

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hoho

they've really shot themselves in the foot by issuing the PCN/NTK early

 


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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so how do they know you didnt display a permit?  their photographs arent good enough to show anything

 

This is another abuse of the POFA by an IAS member to circumnavigate the notice to driver requirements of the POFA but it is legal.

 

Now 2 things spring to mind, firstly how they got the photographs may be in breach of the GDPR and secondly what do the sigsn say at the site as permit schemes generally dotn offer parking terms for peopel who dont have one so makes their claim an unlawful penalty demand as there was no offer of parking fro you in the first place!

 

Dont respond to them as they are IPC members it will be a waste of time

 

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Parking signage attached.

 

I also saw someone with a ticket stuck to their windscreen, so they're not consistent in how they deliver their parking charges.

 

My car was parked nose first into the bay which is in a corner so they had to go all the way into the bay to get that terrible quality photo.

 

I've not bothered to respond to them as you say, it's a waste of time.

20190722_171137.jpg

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I've previously asked the management agent about who the parking bay belongs to and received the following reply:

Quote

I’ve been passed a message form the call centre asking to contact you to confirm if the parking bays are owned or leased.  I can confirm that the bays are under your property lease and as such form part of the demised premises for your flat.

 

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so it is YOUR land and the parking cowbioys cannot determine what you do with it. If you put your bins there would they ticket the bin for not having a parking permit?

advice is let them waste their time and money chasing you until it gets to aproper  threat of court action and them you tell them that they have trespassed on your property and you are mionded to sue them for harassment ( there is a case where this has happened before so trawl through all the old threads to find it and them quote it to them.

 

Their NTK isnt legal anyway, no proper address so not POFA compliant and that means no liability. No need to tell them this though but keep that bullet for closer range

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Thanks ericsbrother - so sit and wait for them to try and collect basically?

 

In the mean time can I withdraw consent for the parking company to operate in/on my parking bay as it's considered my land?

Do I need to check in any paperwork regarding permission to operate in/on the bay and what they stipulate as being acceptable?

 

 

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Depending on your lease, they could have been trespassing when putting their ticket on your car.

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On ‎25‎/‎07‎/‎2019 at 11:02, karlmarx934 said:

Thanks ericsbrother - so sit and wait for them to try and collect basically?

 

In the mean time can I withdraw consent for the parking company to operate in/on my parking bay as it's considered my land?

Do I need to check in any paperwork regarding permission to operate in/on the bay and what they stipulate as being acceptable?

 

 

 

my last comment was to use the time to read up on this and you  clearly havent.

 

Do your homework and then ask questions if you need to afterwards.

you need to understand for yourself what this is about or you will do and say the wrong things becaue you dont understand.

 

Knowledge is power and they dont have any knowledge so have to rely on threats and deceit to earn their dishonest salt.

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