PCM UK (Great West Quarter, Brentford)

Redvers_Buller · 14 April 2017 at 1:13PM

Good afternoon all
Well I've just received a LBC from Gladstone's so wanted to confirm that I have a winnable case before proceeding further (otherwise I'll just very reluctantly pay up)!
I received the original PCN from PCM UK back in November 2016 for parking within a "restricted area" in Great West Quarter, Brentford. The circumstances around this are as follows:
On the evening of Sunday 20/11/2016 at approx. 5pm I stopped in the Great West Quarter for the purpose of visiting the Sainsbury's Local situated there. However (being passing trade and unfamiliar with the area) I was unaware that "parking restrictions" were in place - there are no signs stating so at the entrance to the area so it just looks like any other side road. It was busy and none of the indicated parking bays were available so I decided to park up on a paved area (no raised kerb) as I was only going to be a couple of minutes. I unfortunately failed to see any of the PCM signs on display (being after dark and none of the signs were lit) and there were no other signs stating "No Parking" or similar sentiment.
I couldn't have been more than 5 minutes (10 at a stretch) in Sainsbury's but a few days later received the PCN. The "parking attendant" took a photo of my car at 17:11 (and also acknowledged later on in further evidence provided that I had gone into the shop). The Sainsbury's receipt (still in my possession) shows I bought two items and paid at 15:12:37.
So as far as I am concerned my main argument against paying the PCN is with the poor signage. However I don't know what responsibility the "attendant" has to warn me of the parking restrictions?
A couple of other things:
I have a picture off Google Maps that shows removable bollards in place which if they had been fitted would have prevented me parking where I did: if no parking is allowed why remove them? Would this fact help my case?
With respect to the "recovery of losses" being the reason for a "parking charge" being raised in the first place: the particular area in which I parked appears to be designated for the Childcare/Nursery that operates in one of the adjoining buildings. I would think it reasonable to assume that the Nursery wasn't operating that Sunday evening and therefore no loss of income could have derived from my parking where I did. No parking charges (via meters) are levied either.
I should point out that I have been through the IAS appeals process (and of course "lost") but it did give me an insight into the operation going on and additional information that wasn't originally provided.
I haven't disclosed that i was the driver of the vehicle, only that I am the registered keeper (should I do so know or only when the inevitable court papers appear)
In the meantime I was going to respond to the LBC using the following letter (borrowed from another) as a holding tactic (and to satisfy Practise Direction):

Gladstones Solicitors
The Terrace
High Legh Park Golf Club
Warrington Road
Knutsford
Cheshire
WA16 6AA

In relation to Reference: xxxxxxxxxxxxxxxxx

Dear Sirs
Thank you for your letter.
I have received your Letter Before Claim dated 7th April 2017.

First, I deny any debt to PCM UK Limited and any court proceedings will be vigorously defended.
Secondly, there is no reference to your letter being fully compliant with the Practice Direction it is in fact woefully defective and appears to be a deliberate attempt to mislead the recipient.

You cannot presume that I possess all the documents referred to in your letter.
Please therefore provide a Letter Before Claim which complies with the requirements of the Practice Direction on Pre-action Conduct and Protocols.
Areas which you are not compliant are listed below:
2.1
The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –
(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable);
(3) a clear summary of the facts on which the claim is based;
(5) if financial loss is claimed, an explanation of how the amount has been calculated; and
2.2
The letter should also –
(1) list the essential documents on which the claimant intends to rely;
(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;

Please confirm that your client's contract with the land-holder includes specific authority to take legal action and that this will be produced for the court.
I also require an explanation for the additional £60 charge including confirmation that it has already been invoiced and paid.
When I receive the documents and your explanations I will be in a position to make a more detailed response
It would be unreasonable to proceed with litigation before you have clarified your client's cause of action.
I look forward to your response

Yours Faithfully

Apologies for the long-winded nature of the post!!
NB I would attach images of the various documents I have received but don't know how to!!

safarmuk · 14 April 2017 at 1:28PM

To attach images, you load them up to an image hosting site (e.g. tinypic etc.) and then post a broken link here. E.G.
hxxp : // <rest of URL>

We can then make it live and view the images.

Bear in mind whatever you post you need to ensure you have redacted all personal identifiable information.

Redvers_Buller · 14 April 2017 at 1:51PM

Thanks safermuk - working on it now!

Redvers_Buller · 14 April 2017 at 3:46PM

OK, here are various images of the correspondence and site in question. Hope it all makes sense. I should point out that in the image showing my vehicle parked there is a vacant parking space: at the time I parked that space was occupied (if it hadn't been I would have used it)!!
[IMG]hxxp://i68.tinypic.com/24c7hn9.jpg[/IMG]
[IMG]hxxp://i63.tinypic.com/dmdwl4.jpg[/IMG]
[IMG]hxxp://i67.tinypic.com/2qd697t.jpg[/IMG]
[IMG]hxxp://i65.tinypic.com/10znw3n.jpg[/IMG]
[IMG]hxxp://i63.tinypic.com/vq2mc8.jpg[/IMG]
[IMG]hxxp://i65.tinypic.com/2mcd669.jpg[/IMG]
[IMG]hxxp://i63.tinypic.com/2vumss3.jpg[/IMG]
[IMG]hxxp://i63.tinypic.com/301ftyt.jpg[/IMG]
[IMG]httxxp://i68.tinypic.com/v6jkme.jpg[/IMG]
[IMG]hxxp://i66.tinypic.com/2ptt35x.jpg[/IMG]

safarmuk · 14 April 2017 at 3:53PM

Should be live now for people to see.
http://i68.tinypic.com/24c7hn9.jpg
http://i63.tinypic.com/dmdwl4.jpg
http://i67.tinypic.com/2qd697t.jpg
http://i65.tinypic.com/10znw3n.jpg
http://i63.tinypic.com/vq2mc8.jpg
http://i65.tinypic.com/2mcd669.jpg
http://i63.tinypic.com/2vumss3.jpg
http://i63.tinypic.com/301ftyt.jpg
http://i68.tinypic.com/v6jkme.jpg
http://i66.tinypic.com/2ptt35x.jpg

Redvers_Buller · 14 April 2017 at 6:58PM

Updated my response to the LBC from Gladstones. Any comments?
Going to send it tomorrow so as to meet 14 day deadline.

Your Reference: xxxxxxxxxxx

Dear Sirs
Re: PCN xxxxxxxxxx – Letter Before County Court Claim

I am writing to acknowledge receipt of your Letter Before Claim dated 7th April 2017.

First, I deny any debt to Parking Control Management (UK) Limited and any court proceedings will be vigorously defended.

Secondly, in reading your letter I do not believe (in reading through the Practise Direction for Pre-Action Conduct) that it is fully compliant with the Practice Direction: it is in fact woefully defective and possibly a deliberate attempt to mislead the recipient.

Please therefore provide a Letter Before Claim which complies with the requirements of the Practice Direction: areas which you are not compliant are listed below (reference Practise Direction, Annex A Para 2):

2.1 The claimant’s letter should give concise details about the matter, allowing the defendant to understand and investigate the issues without needing to request further information. The letter should include
(1) the claimant’s full name and address;
(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable): Contract Claim, Trespass Claim or other;
(3) a clear summary of the facts on which the claim is based: why exactly has the defendant been charged;
(4) what the claimant wants from the defendant;
(5) if financial loss is claimed, an explanation of how the amount has been calculated (including any increases from the original amount claimed); and
(6) details of any funding arrangement – does this apply?

2.2 The letter should also
(1) list fully the essential documents on which the claimant intends to rely. You cannot presume that all the documents you will rely on are in my possession. I do acknowledge that once I have submitted my defence then further documents in rebuttal maybe submitted by the claimant;
(2) set out the form of any further ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;

Please confirm that your client's contract with the land-holder includes specific authority to take legal action and that this will be produced for the court. I also require an explanation/justification for any additional charges added to the original including confirmation that these have already been invoiced and paid to any third parties involved.

When I receive the documents and your explanations, I will be in a better position to make a more detailed response. It would be unreasonable to proceed with litigation before you have clarified your client's cause of action.

I look forward to your response

Yours faithfully

Coupon-mad · 14 April 2017 at 8:54PM

Change practise (verb) to Practice (noun).

What does this mean (below) - I would remove it, keep it simpler and only ask for things you really want - for example, if it were me, I would want to see every photo taken and all the evidence provided to the IAS - ask if any of it was withheld from you as appellant and if so you wish to see the entire ''case'' the IAS saw.

(6) details of any funding arrangement – does this apply?

This (below) has legs within a defence (to show it's deliberate enticement/a cash cow) but your main points would be unlit signs in the dark were not visible, and no grace period allowed before issuing an immediate predatory 'charge' which shows the operative watched you instead of mitigating loss and moving you on, if they really cared about parking management.

I have a picture off Google Maps that shows removable bollards in place which if they had been fitted would have prevented me parking where I did: if no parking is allowed why remove them? Would this fact help my case?

Arguing 'no loss' has no legs any more since 2015. PCM will not say it's about 'loss'. You need to read ParkingEye v Beavis.

With respect to the "recovery of losses" being the reason for a "parking charge" being raised in the first place: the particular area in which I parked appears to be designated for the Childcare/Nursery that operates in one of the adjoining buildings. I would think it reasonable to assume that the Nursery wasn't operating that Sunday evening and therefore no loss of income could have derived from my parking where I did. No parking charges (via meters) are levied either.

This is PCM's calibre, matched only by the IAS 'decision' you also lost (what did you expect?):

http://www.bbc.co.uk/programmes/p02sh3sr

Did you know that Gladstones is run by the same people who are in charge at the IPC and responsible for the anonymous IAS 'service'? Conflict of interests, covered in loads of defences (but not the main point of course - that has to focus on the PCM signs and predatory practice).

Redvers_Buller · 14 April 2017 at 10:57PM

Thanks Coupon-mad.....
I've amended my letter as suggested in your first paragraph (see below). I assume the balance of your advise is for when I compile my case (and not to be added to the letter)?

Your Reference: xxxxxxxxxxx

Dear Sirs
Re: PCN xxxxxxxxxxx – Letter Before County Court Claim

I am writing to acknowledge receipt of your Letter Before Claim dated 7th April 2017.

First, I deny any debt to Parking Control Management (UK) Limited and any court proceedings will be vigorously defended.

Secondly, in reading your letter I do not believe (in reading through the Practice Direction for Pre-Action Conduct) that it is fully compliant with the Practice Direction: it is in fact woefully defective and possibly a deliberate attempt to mislead the recipient.

Please therefore provide a Letter Before Claim which complies with the requirements of the Practice Direction: areas which you are not compliant are listed below (reference Practice Direction, Annex A Para 2):

2.1 The claimant’s letter should give concise details about the matter, allowing the defendant to understand and investigate the issues without needing to request further information. The letter should include
(1) the claimant’s full name and address;
(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable): Contract Claim, Trespass Claim or other;
(3) a clear summary of the facts on which the claim is based: why exactly has the defendant been charged;
(4) what the claimant wants from the defendant;
(5) if financial loss is claimed, an explanation of how the amount has been calculated (including any increases from the original amount claimed)

2.2 The letter should also
(1) list fully the essential documents on which the claimant intends to rely. You cannot presume that all the documents you will rely on are in my possession. I do acknowledge that once I have submitted my defence then further documents in rebuttal maybe submitted by the claimant;
(2) set out the form of any further ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;

In addition to the above I would like to see every photo taken and all the evidence provided to the IAS at the earlier appeal stage: was anything withheld from myself as the appellant? If so, I would like to see the entire “case” as provided to the IAS.

Please confirm that your client's contract with the land-holder includes specific authority to take legal action and that this will be produced for the court. I also require an explanation/justification for any additional charges added to the original including confirmation that these have already been invoiced and paid to any third parties involved.

When I receive the documents and your explanations, I will be in a better position to make a more detailed response. It would be unreasonable to proceed with litigation before you have clarified your client's cause of action.

I look forward to your response

Yours faithfully

Coupon-mad · 14 April 2017 at 11:17PM

Looks fine - check the Practice Direction though is there still an Annex A? It was updated in 2015.

Redvers_Buller · 15 April 2017 at 10:24AM

Good morning Coupon-mad
Have checked the latest Practise Direction published on the UK Justice website and there is no Appendix A referenced (it would appear the updated version has incorporated the text into the main body).
Heading out to post the above letter now (1st class post with proof of posting)!!

Redvers_Buller · 25 April 2017 at 12:16PM

Afternoon,
Received the attached from GS in response to my reply to their LBC: not unexpected of course.
Just wanted to confirm that there is nothing for me to do except wait for the Court papers next?!

PCM UK (Great West Quarter, Brentford)

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