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  • FIRST POST
    • daffas6688
    • By daffas6688 22nd Dec 16, 10:14 PM
    • 92Posts
    • 36Thanks
    daffas6688
    pcm parking ticket but disabled
    • #1
    • 22nd Dec 16, 10:14 PM
    pcm parking ticket but disabled 22nd Dec 16 at 10:14 PM
    I have recieved a parking ticket on a private housing estate. The company is Parking Control Management of Slough. It isn't a police or official council one.
    I have a bad back and have difficulty in walking, some days worse than others. This particular day I went to collect my grand daughter from after school club, and was in particular pain, so didn't park 400 yards away in supermarket as I usually do. The school is on a private housing estate , with no provision near school for disabled parking. I sat in my car , on a bit of pavement, not even double yellow lines. I was in the vehicle with the badge displayed. I was too busy looking in school door to notice someone taking a photo of my car!I was there for 2 to 3 minutes.I know I have to appeal but want to know about this clause on their notice quoting Protections of Freedoms Act Schedule 4. I feel this is unfair to people with blue badges and my car was causing no trouble at all. What should I say in the appeal which I know will get thrown out. I feel like saying take me to court to save the hassle as believe they don't like doing that as it costs them too much. Also I feel I would win anyway. Any advice please.Thanks Dee
Page 7
    • daffas6688
    • By daffas6688 3rd Oct 17, 11:49 PM
    • 92 Posts
    • 36 Thanks
    daffas6688
    As the contract is between my company and the defendant, my company does have authority to enforce parking charges. However , both VCS v HM revenue and customs and parking eye v Beavis made it clear that a contracting party need not show they have a right to do what they have promised in the performance of a contract, nor is ( in the case of a parking operator)the agreement between Operator and Landowner of any relevance. In any event , and without concession, the Agreement exhibited to this Witness statement evidences mt company's authorisation to operate / manage the relevant land on behalf of the landowner
    • daffas6688
    • By daffas6688 3rd Oct 17, 11:57 PM
    • 92 Posts
    • 36 Thanks
    daffas6688
    The claim is issued via the County court Business Centre which is a procedure specifically provided for in the civil procedure rules. this only allows the claiment to insert brief details of the claim. i can confirm that the particulars of claim contained sufficient information for the defendant to be aware of what the claim relates to namely:-
    The date of the charge. the vehicle registration number. The parking charge number. the amount outstanding. that it relates to parking charges. That it is a debt.
    • daffas6688
    • By daffas6688 4th Oct 17, 12:04 AM
    • 92 Posts
    • 36 Thanks
    daffas6688
    Further , prior to proceedings being issued the defendant was sent notices in accordance with the Act and a Letter Before Claim. As such, the defendant would have been aware of the charge which is subject of this claim.
    In the view of the defendant not paying the charge within the 28 days allowed they are in breach of the contract. Breach of contract entitles the innocent party to damages as right in addition to the parking charge incurred.
    In view of the defendant not paying the charge the matter was passed onto my company's legal representatives, Gladstone Solicitors Ltd.
    • daffas6688
    • By daffas6688 4th Oct 17, 12:16 AM
    • 92 Posts
    • 36 Thanks
    daffas6688
    the debt has, as a result of this referral risen as my company's staff have spent more time and material in facilitating the recovery of this debt. This time could have been better spent on other elements of the Company's business. My company believes the costs associated with such time spent were incurred naturally as a direct result of the defendants breach and as such asks that this element of the claim be awarded as a damage. The costs claimed are a pre- determined and nomimal contribution to the actual losses. Alternatively, my company does have a right to costs pursuant to the sign( i.e.the contract)

    The rest is photos, original documents , site plan, signage and contract etc
    • Coupon-mad
    • By Coupon-mad 4th Oct 17, 1:23 AM
    • 50,660 Posts
    • 64,067 Thanks
    Coupon-mad
    It is evident from the site plan that there are sufficient signs.
    Debunk the site plan! Is it accurate or just some random 'dots' on an aerial image, like a mocked-up game of battleships or a child's picture, with no signature or confirmation that it's a true representation of the actual site signage, or even a date checked?

    I respectfully submit that the defendant's headlights would have been directly on the sign and in the Defendants line of sight and parked upon the Relevant land and therefore I do not believe that lighting is an issue.
    Disagree - say why. Of course headlights don't point up lampposts, and double yellows (in their accepted meaning in the Highway Code and TMA2004) signal that a disabled driver CAN park!


    That it is a debt.
    It is NOT a debt.


    In the view of the defendant not paying the charge within the 28 days allowed they are in breach of the contract.
    What contract is that then?!
    Last edited by Coupon-mad; 04-10-2017 at 1:27 AM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • daffas6688
    • By daffas6688 4th Oct 17, 9:55 AM
    • 92 Posts
    • 36 Thanks
    daffas6688
    Oh can you believe it! All this stress for months and paperwork , lack of sleep and time consumed. Today recieved a letter saying they are discontinueing the claim against me! I am very happy and assume they were holding out to see if I would fold. Plus my photos showing numerous Estate lights not working and the dim, dark look of the area.
    I expect they didn't want to travel all the way to me and risk losing and me counterclaim. Obviously I can't do that on Friday as the case will no longer go ahead. This would mean me then making my own claim against them , which won't happen as I have just had enough of the whole thing. But must add I am very pleased with the outcome.
    Thank you everybody for the good advice given to me and the patience you probably needed due to my lack of computor skills etc.
    • KeithP
    • By KeithP 4th Oct 17, 10:02 AM
    • 3,950 Posts
    • 2,191 Thanks
    KeithP
    Did that discontinuance letter come from the court?

    If not, ring the court to confirm.
    .
    • daffas6688
    • By daffas6688 4th Oct 17, 12:17 PM
    • 92 Posts
    • 36 Thanks
    daffas6688
    Thank you did think of that too , so will do right away
    • nosferatu1001
    • By nosferatu1001 4th Oct 17, 12:54 PM
    • 579 Posts
    • 697 Thanks
    nosferatu1001
    Congrats, they finally realised you werent giving up.
    You could ask the court for your costs to date, as only after seeing your defence in full difd they discontinue - clearly they never intended to continue to the hearing, so the claim was not started in good faith but as a final "debt collection" tactic.

    Dont expect anything but worth a stamp. If you have holiday you now HAVE to waste because of this, inlcude this - loss of leave is an allowable cost.
    • Coupon-mad
    • By Coupon-mad 4th Oct 17, 2:19 PM
    • 50,660 Posts
    • 64,067 Thanks
    Coupon-mad
    Oh can you believe it! All this stress for months and paperwork , lack of sleep and time consumed. Today recieved a letter saying they are discontinueing the claim against me! I am very happy and assume they were holding out to see if I would fold. Plus my photos showing numerous Estate lights not working and the dim, dark look of the area.

    I expect they didn't want to travel all the way to me and risk losing and me counterclaim. Obviously I can't do that on Friday as the case will no longer go ahead. This would mean me then making my own claim against them , which won't happen as I have just had enough of the whole thing. But must add I am very pleased with the outcome.

    Thank you everybody for the good advice given to me and the patience you probably needed due to my lack of computor skills etc.
    Originally posted by daffas6688
    Great news again!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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