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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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PCM 2* residential PCN's - appealed - parked at my own flat - whilst driver in the car - Great West quarter tw8


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Hi , 

I got 2 separate payment requests from PCM on my estate (housing) while my partner was waiting for me to come down from our flat , for about 5 minutes.

 

All photos are taken from the back of the car. Lady that makes them just hides in the corner and doesn't bother to make a full round evidence.

 

I know it's not correct so I appealed both , got response for one already.

 

Obviously they said no, claiming we are parked cos break lights aren't on, assumptions. 

 

Not sure what to do , I am expecting to get more of this , as I can't imagine parking street away when my partner comes to pick me up after his work or on any occasion. 

 

Is there a point of appealing to IAS . Or should I do anything else. 

Thanks 

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You will have supremacy of contract if you say it's your flat. You should have allocated parking? 

 

Don't ever appeal!! You ID yourself as the driver in writing.

 

Bye bye pofa2012 protection!!

 

This person taking photos?  Is it a PCM warden or a resident getting a backhander for dobbing in fellow residents, cause if it is that is not allowed under GDPR 

 

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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PCN's received through the post [ANPR camera capture]

 

(must be received within 14 days from the Incident)

 

 

 

Please answer the following questions.

 

 

 

1 Date of the infringement Give answer here

27/04/2022

 20/05/2022

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Give answer here

 04/05/2022

30/05/2022

 

[scan up BOTH SIDES as ONE PDF- follow the upload guide]

 

please do not put JPG Picture files into your post

 

 

 

3 Date received Give answer here

 Before 18 may don't remember exactly.

01/06/2022

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Give answer here

 Yes

 

5 Is there any photographic evidence of the event? Give answer here

 Yes

 

6 Have you appealed? [Y/N?] post up your appeal] Give answer here

 Yes email

 

Have you had a response? [Y/N?] post it up Give answer here

 Yes

Not yet

 

7 Who is the parking company? Give answer here

Parking control management UK ltd

 

 

8. Where exactly [carpark name and town] Give answer here

 Great West quarter tw8

 

For either option, does it say which appeals body they operate under.

IAS

Give answer here

 

i need to work how to scan to pdf will send it in few..

 

Thanks

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Please scan up all paperwork in/out both sides to one mass pdf. Read our upload guide 

 

Also did she give you any windscreen tickets as she should at the time of the incident s??

 

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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What do you mean she couldn't?

It's not an ANPR capture it's a manual parking offence captured by a person, a windscreen PCN must be issued at the time of the offence 

 

So going back to that sticky the NTK's should not be issued before day 29 

 

So Game over they are not pofa compliant. Sent to early.

 

But sadly you appealled so removed your protection.

 

Get your lease out, what does it say about parking?

How long have you rented there?

 

 

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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Hi , 

Yes I'm registered keeper,  I wasn't driving. 

Will need to try to get my replies separately, as I need to find them and I needed to reduce the file to be able to upload it. 

I was quite rude and probably to smart for my own good in my replies I feel a little bit bad about it, but it felt so good at the time. 

Also she never puts notice to driver , and she definitely wouldn't when the driver is in the vehicle. Trying to be cheeky and making photos from behind, to make as much money as possible.

response and photos v2.pdf

PCN v2 .pdf

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  • dx100uk changed the title to PCM 2* residential PCN's - parked at my own flat - whilst driver in the car - Great West quarter tw8

Happy days. You are not liable as the keeper and they do not know the name and address of the driver so both of you are in the clear.

 

In a few days you will start feeling sorry maybe even guilty for Parking Control. Spending all this time and money chasing you to pay when there is no hope of recovering any money from you.  Thought not.

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no 

not until/unless you receive a letter of claim.

 

wont hurt you to read up a good few dozen private parking threads here already mind

 

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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No windscreen PCN so maybe also GDPR breach is they get silly later on.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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If you want advice on your thread please PM me a link to your thread

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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  • 3 months later...
On 11/06/2022 at 14:01, KasiaG said:

I was quite rude and probably to smart for my own good in my replies I feel a little bit bad about it, but it felt so good at the time.

Not all all.  You were quite right to be rude.  The reason they rejected your appeal was nothing to do with rudeness but because they always, always reject appeals.

 

We say not to appeal because most people out the driver.  You did not do that!  Well done.

 

You now need to be extremely rude and send a snotty letter to Gladstones to show you'd be big trouble for them if they did do court, so better to leave you alone and go after some mug daft enough to just cough up.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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This woman taking photos and dobbing people in....is she a resident too? And not employed by the PPC?

 

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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