UKCPM/Gladstones SPYCAR PCN Claimform - no stopping - Trinity Park Birm Airport *** Claim Dismissed***

[Safsaj]

Hey guys 

 

long story short....received PCN back in 2018!

 

Went to collect passenger from Trinity Business Park!! Got there, no passenger, stopped for a few minutes to try to get hold of passenger number provided as was informed passenger would be waiting outside! After no answer to call or response to any message I left. Few days later got the PCN from UKCPM!

 

did not stop long enough to get out to read signage or even notice signage, as I did not go with the intention to stop as I was picking up passenger!!

 

photos sent by UKCPM who say adequate signage is in place, clearly cannot be read whilst driving or sitting in the car. Driver does need to get out and read!! At the time signage was no parking at anytime, which I wasn’t, 

 

as I understand now last year signage has been changed to no stopping/no parking. Whilst I was there no other vehicles came or went through entrance, somehow someone managed to get pics of me there showing me there between 5-6mins!! 

it is a defended claim, I just want to know has anyone ever had court hearing at Birmingham and been successful with the charges!!

 

Have received the directions questionnaire, just not sure whether to choose Birmingham as court or not!!

 

I was literally there for a few minutes, probably 6 minutes max if that, as I was trying to contact the passenger!! 

[dx100uk]

please complete this:

 

 

and post up the defence you filed too

[dx100uk]

worthy of a read

 

 

[ericsbrother]

raed all of the other threads on this and make note of the one where the IAS adjudicator found that they had no right to enforce.

Use that as well as other arguments about lack of contract-prohibitive notices, grace periods etc

[squirlyline]

Hi Safsaj,

Just wondering if you have any progress to report regarding your case and court hearing?

We are quite curious to know the outcome to understand how our cases may proceed!

Good luck if your still yet to have your hearing!

 

[Safsaj]

Hi

 

I'm still waiting to get court hearing date. Once I do and have had my hearing will update you guys. Wish me luck please.  Thanks 

[dx100uk]

can you do our link above please and give us the defence you filed too to help others?

[Safsaj]

Yes will do thanks 

[squirlyline]

21 hours ago, Safsaj said:

I'm still waiting to get court hearing date. Once I do and have had my hearing will update you guys. Wish me luck please.  Thanks 

Good luck once more!

.. glad you're going to post back before as well!

 

[ericsbrother]

if you ahvent doen so already take copies of everything adn use it in your bundle. If you have time send copies to the court and the claimant as well.

[Safsaj]

Hi guys I posted back in January 2020, but was unable to reply on that thread hence the new thread. Anyway update:

 

issue was trinity business park bickenhill. Taxi driver stopped for 3 minutes to collect passenger, passenger not there so left. UK CPM issued charge! Gladstone’s were the solicitors 
chose Birmingham County Court, hearing was for November, but court moved it forward. Changed from actual in person heating to telephone hearing for September. 

Main defence was the signage not clear, positioning not good, signage content too small, plus signage did not state no stopping! 
Gladstone’s decided not to be present on call for the hearing, judge dismissed the case on the basis that only had stopped for 3 minutes, signage did not say no stopping. There were no bays for parking as signage said to park in bay! Judge said they tried to claim a ridiculous amount for a mere 3 minutes! So there we have it guys. 

remember if you have a good defence then fight it all the way! Don’t let these creeps try to steal to money! 

[honeybee13]

Hi.

 

I've merged your old and new threads, you can post here now.

 

Well done with the court case and thank you for letting us know, I'll amend your thread title to show your win.

 

Please consider a donation so we can carry on helping people like you.

 

HB

[Safsaj]

Thank you

[FTMDave]

Well done on your victory 

[Safsaj]

Thank you. Been a stressful 2 years!! I’m glad it’s over now. Such a relief. 

[lookinforinfo]

Well done and thank you for coming back to tell us the result.

You probably did not incur too much in the way of expenses as it was done by phone-apart from some research work that you could have asked for.

 

As it is, as they didn't even bother to turn up, they knew their case was a dead duck it is worth writing to them claiming a breach of your GDPR. The going rate is £500 and they had no case against you so no reason to ask the DVLA for your details.

 

You also had the claim that you are entitled to at least 10 minutes grace and more than likely they had no planning permission from the Council to erect their signs. Two more reasons why they should not have ticketed you.

 

There is also the possibility that where you were was on airport land so the area would be covered by BYe laws rather than POFA.

 

If they don't cough up the threat of a letter before claim might jolt them into coughing up.

 

[Safsaj]

To be honest with you I’m just glad it’s over. I did ask the judge about expenses but she said as it is small claims it’s very less likely that they will agree to it. I’m just happy that in the end it was a victory for us!! They tried their best to get money out of me but in the end the justice was served and they lost. 
I will look into this GDPR thing, not sure what that is, so will do some research into it. 

[FTMDave]

Thanks for reporting back on this.

 

It had crossed my mind that due to telephone hearings during COVID that Gladstones & co might be more likely to turn up.  After all, they wouldn't have to travel or employ a third party local to the court.  But I was wrong.

 

They obviously knew their case was pants.  What a total bunch of crooks (UKCPM & Gladstones), they knew you didn't owe this money and a court case would fail but used the threat of court to try to intimidate you into paying ... and failed miserably!

[brassnecked]

Well done, in any case a taxi stopping to pick up passengers either private Hire or hackney can never be parking.

[Safsaj]

Yeah they obviously did know they wouldn’t win!!

that’s exactly what we were trying to tell them, the car was not parked. But Gladstone’s have their own mind!! Anyhow they lost!! But they don’t learn their lesson, if it’s not me it’s someone else they will try to rob!!

[squirlyline]

Congratulations, well done for sticking it out!

 

Thanks from me too.. on getting back on this!

 

All this extra information and points made help in future handling of potential further procedures and hearings. Particularly picking up on the fact of a lack of parking bay demarcation along the sides of the road to complement the request to park on the signage.

I have not heard for a little while now, since the last threat sent with their 'case' evidence package (which is pitiful in its conviction anyway); mine is issued with only a paltry 2 mins contravention.

 

I can't see how they can continue to prosecute at these late stages as they have evidently lost both many cases and presumably the costs of processing them for either themselves or their clients.

If there is an opportunity to counter on them and it adds up, I would give it a go, they definitely deserve it!