Premier Vanishing Windscreen PCN now letter of claim - 20mins overstay - Charleston Pay and Display , Charleston, Cornwall. PL25 3NJ

[dx100uk]

you still have not done

 

i have merged the 2 pages ofthe PCNnow and also zoomed in and rotated that ticket in the windscreen. see PCN upload in post 1 

 

 

 

[james2222]

Hi Dx100uk

What have I not done please, refn. your comment .....  "You still have not done"?

My first post #1 had form filled out with all answers in red, if that's what you are referring to??

 

Hello lookinforinfo .... details you requested as follows:-

No photos provided (or taken as far as I'm aware) of me leaving or entering the car park.

I didn't see any ANPR cameras in this car park.

 

There was no ticket left on my windscreen .... just a letter sent to my home address, dated 10th December.

Date / time stamp on the photo on their claim letter shows 8th December date (correct) and time of (i) 15:18.29 car photo and (ii) 15:18:43 the ticket through windscreen photo.

 

On their original PCN letter they sent to me on 10th December it reads ...

"We have issued a Parking Charge Notice xxxxxxx to your vehicle because it was parked in a manner whereby the driver became liable for a parking charge at Charlestown Pay and Display PL25 3NJ that we are authorised to manage on the 8th December 2021 at 15:26.

 

So, they have added on 8 minutes for some reason. 

 

What is a further cheat ... but I can't prove it .... when I purchased the ticket it was 2.12pm, according to my phone, but ticket prints out showing the parking time as up till as 3.07, so five minutes less than an hour!  Didn't really concern me, as I was expecting to be parked for way less than one hour ... Aaaagh!  The injustice!!  

[dx100uk]

you did sorry.

 

dx

[FTMDave]

So their bilge isn't POFA compliant, meaning they have no-one to sue.

 

The rubbish signage: notice how they put a small sign mentioning the £100 charge next to a large one hoping you won't notice it  https://www.google.it/maps/place/Charlestown+Car+Park/@50.3323384,-4.7587893,3a,75y,90t/data=!3m8!1e2!3m6!1sAF1QipMIxMw7dZXdWXl2Ea_XSi6hNfD5AEIi8xxrZdxz!2e10!3e12!6shttps:%2F%2Flh5.googleusercontent.com%2Fp%2FAF1QipMIxMw7dZXdWXl2Ea_XSi6hNfD5AEIi8xxrZdxz%3Dw150-h150-k-no-p!7i3024!8i4032!4m15!1m7!3m6!1s0x486b68cd05764ba9:0x9736310b33701540!2sCharlestown+Rd,+Saint+Austell+PL25+3NJ,+UK!3b1!8m2!3d50.3318005!4d-4.7578078!3m6!1s0x486b68cd3ffe0239:0x6aec77531eb06925!8m2!3d50.3323384!4d-4.7587893!9m1!1b1?hl=en&authuser=0

 

Then you can prove they have lied about the overstay.  The car was photographed at 15:18, not 15:26.

 

15:07 + 0:10  grace period = 15:17, meaning you overstayed by one minute, surely "de minimis".

 

And now there is the matter of you paying for 0:05 you never got.  Is there any way of proving this?  I'm guessing the place isn't local to you.  I read a load of the Google reviews and motorists were complaining about the bays being too small to fit the cars into and getting the fleecers' charges are a result, no mention of the dodgy tickets. 

 

[brassnecked]

One minute definitely de minimis as might be queue to leave a car park.

[BankFodder]

We have just received a donation from you. I have responded by email .

Thank you

 

[lookinforinfo]

These are all things you can keep for your Witness Statement which comes sometime after your snotty letter providing they don't cancel in between.

Put them to strict proof that the camera they used to picture your car reflects  the actual time and not a made up figure to strengthen their case.

You did say that you overstayed by 20 minutes. Was that what you thought or were you just going by their times?

I have found more things wrong with their PCN which means that it is not compliant with PoFA. That won't help you if Premier know you were the driver but if they don't know then it becomes doubly difficult for them to prove that the keeper and the driver were the same person. After all anyone with a valid vehicle insurance policy could have driven your car. .

[james2222]

Just to close this one off .... 

 

.... and a thank you to Consumer Action Group (CAG).

 

I did receive a ‘Letter before claim’ from Gladstones in October 2022 and responded as advised by CAG.

 

All was silent till January 2023, when I received another threatening letter telling me to pay up ... or else! 

 

I suppose you could call that letter, “Letter after” the Letter before Claim letter!

 

I responded to that in a similar manner with the guidance I received from CAG ... letter copied below.

 

Extract of letter to Gladstone Solicitors

Dear John & Will

Your Refn:  xxxxxxxxxxxxxxx

I am responding to an unsigned letter from Gladstones, with the above reference, dated 10 January 2023, which I received today.

 

Your letter is simply a re-hash of your ‘Letter Before Claim’ that you sent on 5 October 2022.

 

I responded to that on 6 October 2022.

My position remains the same.

 

Any attempt by Gladstones to obtain a CCJ will be countered by my witness statement, outlining a number of serious flaws in your case.

 

I clearly stated in my letter of 6 October that should you proceed with legal action, after I have clearly pointed out to you the futility of doing so, I will ask the court for an ‘unreasonable costs order’ under CPR 27.14.  This remains my intention.

 

Gladstones method of operation appears to be focussed on harassment and of purposely inflating financial claims.

 

Further harassment from you will leave me with no option but to contact the Solicitors Regulation Authority.

 

I will set out my concerns clearly, identify John Davies and William Hurley as the individuals concerned and as evidence, provide a copy of your 5 October 2022 letter, where you have intentionally claimed higher Claim Form fees than allowed and intentionally inflated your costs ... which you well know are capped at £50.

 

I would class this as dishonest behaviour by Gladstones.  

Yours sincerely

xxxxxxxxxxxxxx

 

I think (& hope) it unlikely I will be hearing from Gladstones again .... unless I get ... wait for it;

 

A letter after, the letter after, the Letter before Claim letter!

 

This was not the first occasion I have been helped by CAG.

 

As a thank you and to ensure this site continues to help us mere mortals who are not up to speed with the legal niceties that are necessary to combat all these ‘rogues’,

 

I have sent a financial contribution. 

Keep up the good work guys! 

From a very appreciative ‘mortal’.

[dx100uk]

so its been cancelled

 

d

x

[lookinforinfo]

I don't think so DX.

[james2222]

hi dx

nothing cancelled 'officially' as such ... but as they have not attempted a CCJ following their threat to do so in letter of October 2022, and just followed that threat with yet another 'begging letter' last month,

 

then I'm assuming they have realised they have no chance of winning any action ...

and with the additional real risk of having some costs made against them if they did.

 

They have consigned this one to the, "ooops, this one can bite back" file ... no further action!

[Nicky Boy]

Well James,

I hope your optimism is borne out by any lack of further action on the fleecer's part, but without something in writing... if you move house within the next six years, be sure to let them know!