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  • FIRST POST
    • stephthechosenone
    • By stephthechosenone 29th Dec 16, 2:20 PM
    • 23Posts
    • 33Thanks
    stephthechosenone
    County Court Claim Form - PCM at Heath Parade - NW9
    • #1
    • 29th Dec 16, 2:20 PM
    County Court Claim Form - PCM at Heath Parade - NW9 29th Dec 16 at 2:20 PM
    Hi there, pleased to meet you all!

    I have fallen victim to the predators Parking Control Management at the infamous Heath Parade - NW9 location.

    To give you a bit of history...

    - I have been accused of parking at the above location and am now being chased for a £235.50 amount
    - The evidence shows I was at the location for 1min 50 secs
    - My hazard lights were on, as shown in the evidence, as there was an issue with my brakes at the time
    - I have a letter from Chevrolet which confirms there have been issues with certain cars' break fluid and that they will change mine free of charge

    I contend that:
    - No contract was formed between myself and PCM as the terms of parking are prohibitive and offer no service (see PARKING CONTROL MANAGEMENT (UK)-v-CHRISTOPHER BULL), and/or was not in my reasonable control to breach said terms (brakes issue)
    - There was apparently no grace period, as stipulated in the IPC Code of Conduct, of which PCM are a member and have been since 2014
    - The £150 they claim in PoC is not an realistic estimation of cost, and resembles a penalty, unenforceable by law
    - IPC Code of Practice also states that companies should not engage in predatory tactics, of which this more than likely falls under

    What I have:
    • I received the notice to keeper in July
    • I have received the debt collectors letters
    • I have received the letter before claim from Gladstones
    • I did nothing each time (reasons I will divulge later)

    I am now going to send the acknowledgement of service but would love help piecing together a defence. Any help soon is welcome!

    P.s. Hope everyone's had a merry Christmas! I certainly won't let this dampen the end of the year for me =)
Page 3
    • safarmuk
    • By safarmuk 31st May 17, 10:49 AM
    • 613 Posts
    • 1,124 Thanks
    safarmuk
    Gladstones rep tried to give me more documents when he introduced himself - I said NOPE, thanks but no thanks. Let's see how it goes...
    Correct, do not take anything on the day.
    Did you get his name?

    I'm still waiting! There are so many cases backed up this morning. I've paid for parking til 12 (been here since 10, so 2 hours as the court allocated for this case). I hope I'm not waiting much longer and the hearing is swift!
    If you win you might want to include todays parking fee in your costs ... the irony will be stunning.
    • safarmuk
    • By safarmuk 31st May 17, 12:31 PM
    • 613 Posts
    • 1,124 Thanks
    safarmuk
    Four cases ... I believe JackBasta is up today as well:
    http://forums.moneysavingexpert.com/showthread.php?t=5554723&page=11

    And a bit of good news already to help calm nerves in case you are reading this ... MA61 has won his case this morning and is enjoying a pint in the local Wetherspoons as I write ...
    [EDIT 1] - JackBasta WON his case as well

    We have three cases tomorrow then:

    you [Stephthechosenone] - [EDIT 2] WON vvvvvvv

    MA61 - WON

    http://forums.moneysavingexpert.com/showthread.php?t=5650032

    and

    Jinxycat: [EDIT 3] WON

    http://forums.moneysavingexpert.com/showthread.php?t=5587819&page=2
    Last edited by safarmuk; 31-05-2017 at 4:48 PM.
    • stephthechosenone
    • By stephthechosenone 31st May 17, 2:04 PM
    • 23 Posts
    • 33 Thanks
    stephthechosenone
    I won!!!!
    Well, my counterclaim was dismissed. My CC was based on Parking Prankster's wording - apparently the judge was convinced that at the time of the event the Claimant had enough reason to believe a contract existed between myself and them and it would be unfair for me to expect Claimant to first conclude there was a contract agreement (that's arguably the judge's job I guess) before pursuing the DVLA for my details.

    The Claimant's claim however, lost on the following counts:
    1. Grace period was, according to the Claimant's evidence, 3 minutes, which isn't enough time to pull up, get out of the car, read the terms and leave
    2. Forbidding language on the signs - the largest sign saying NO CUSTOMER PARKING AT ANY TIME. This is echoed in the Claimant's sign.

    So case dismissed!

    BTW, the Gladstone's rep was a Mr Akbol. I don't recall the judges name sadly! But a lovely fellow - he even stepped down to view my recorded video of the signage >.<

    No costs were awarded to either party either, so £24.00 for parking lost, which is annoying. Next time I'll be taking the train! (Hopefully there isn't a next time). In total, I think it was a full 2 hours - I made it out in time to retrieve my car without incurring any parking tickets!

    Glad to hear the other cases were successful! And thank you everyone for all the help!!! What an experience!!
    • beamerguy
    • By beamerguy 31st May 17, 2:59 PM
    • 6,467 Posts
    • 8,288 Thanks
    beamerguy
    Very pleased for you .... YOU DID IT. well done.

    Parking Control Management ... you have been gladstoned

    The Gladstones joke keeps going on and on and on
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • safarmuk
    • By safarmuk 31st May 17, 3:24 PM
    • 613 Posts
    • 1,124 Thanks
    safarmuk
    Well done, great job. 2 hours, sounds like you had to work hard for your victory, but that makes it sweeter I guess. Very pleased for you.

    Now, please stick around if you can and help others and spread the word about this scam to your friends and family and let them know to come here if they get a PCN in the future ... we will help.
    • Coupon-mad
    • By Coupon-mad 31st May 17, 4:38 PM
    • 51,747 Posts
    • 65,386 Thanks
    Coupon-mad
    Well done - another win!!!!!!

    Fantastic!

    ALL FOUR PATHETIC PPC COURT CASES DEFENDED BY POSTERS ON THIS FORUM, WON TODAY!
    Last edited by Coupon-mad; 31-05-2017 at 4:41 PM.
    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.

    • stephthechosenone
    • By stephthechosenone 31st May 17, 5:18 PM
    • 23 Posts
    • 33 Thanks
    stephthechosenone
    Whoop!! Congrats to all who won today!!
    • Lamilad
    • By Lamilad 31st May 17, 6:50 PM
    • 1,197 Posts
    • 2,373 Thanks
    Lamilad
    Really pleased for you. Well done. What did the GS rep try to hand you?
    • stephthechosenone
    • By stephthechosenone 31st May 17, 7:01 PM
    • 23 Posts
    • 33 Thanks
    stephthechosenone
    Really pleased for you. Well done. What did the GS rep try to hand you?
    Originally posted by Lamilad
    He tried to hand me case law he was going to rely on in the hearing. It was a whole hardback ring binder - I wasn't going to carry that in! I had my own backpack and papers, not to mention heels on!
    • stephthechosenone
    • By stephthechosenone 31st May 17, 7:05 PM
    • 23 Posts
    • 33 Thanks
    stephthechosenone
    It's worth noting though the judge said he hadn't received any of the Claimant's witness statement or exhibits bundle. I noted nothing was sent to me until the 23rd May which gave me less than a week.

    He happily accepted his items before we started though. Wasn't sure what else I should have said on that, but I think because the judge had my witness statement, he had read it and basically put it to the Claimant to talk. I mostly sat there and interjected here and there.

    A fair process all in all
    • I-LOV-MONEY
    • By I-LOV-MONEY 2nd Jun 17, 3:39 PM
    • 977 Posts
    • 552 Thanks
    I-LOV-MONEY
    Firstly, I spoke to 'Mrs Sunglasses' yesterday (I pulled up next to her - watching what she did with her camera at the same time!!). I said 'you' lost cases and the judge threw them out.

    She said "Oh really ! It happens, it happens" She continues to patrol !!

    PCM now have an interest in parking bays for some new build flats nearby. People have been using these bays when visiting the nearby College and Library. The signs are nearer eye level. I saw Mrs S wandering by there!

    Do any of the cases give a precedent for others in the future?
    I thank you for reading this message. Maybe you will thank me for posting it!
    • safarmuk
    • By safarmuk 2nd Jun 17, 4:56 PM
    • 613 Posts
    • 1,124 Thanks
    safarmuk
    Frankly I think "Mrs Sunglasses" is starting to slack off a bit ... if you look at the latest Google street view, there is a white van "parked" in the bay with its left indicator on and no sign of "Mrs Sunglasses" taking snaps ...
    • I-LOV-MONEY
    • By I-LOV-MONEY 3rd Jun 17, 3:07 PM
    • 977 Posts
    • 552 Thanks
    I-LOV-MONEY
    I have been past quite often and there is no sign of her. However, if you do park when there is no sign of her, you go off to do some shopping, and find that she has returned in the interim!
    Last edited by I-LOV-MONEY; 03-06-2017 at 3:09 PM.
    I thank you for reading this message. Maybe you will thank me for posting it!
    • CRP7
    • By CRP7 2nd Nov 17, 2:12 PM
    • 1 Posts
    • 0 Thanks
    CRP7
    HI All,

    I see this post is close to a year old yet the problem with Heath Parade - NW9 still persists. As I have fallen victim to this predatory practice.

    I have contacted the DVLA and Barnet Council after finding that there is an ample amount of people who have had to deal with the same problem I have at the Heath Parade, Graham Park Way scam site.

    Both DVLA and Barnet have responded with lack of knowledge on such actives.
    After a detailed chat with Barnet Councils Highways correspondents, I believe the only way to fast forward with this area becoming part of the highway is to put together an Epitition.

    I have contacted Parking Prankster about this yet I received an automated email saying he is currently unable to assist with any new claims.

    Is there anyone here who can help me with generating a solid epitition pointing out that facts that would help shut down predatory practice at the Heath Parade, Graham Park Way scam site?


    Thank you so much.
    • I-LOV-MONEY
    • By I-LOV-MONEY 2nd Nov 17, 4:36 PM
    • 977 Posts
    • 552 Thanks
    I-LOV-MONEY
    You could try Mr Mustard mrmustard@zoho.com He deals with parking problems, in particular with Barnet Council. I know he is aware of this site.

    Good luck, and let us know how you get on.
    I thank you for reading this message. Maybe you will thank me for posting it!
    • IamEmanresu
    • By IamEmanresu 2nd Nov 17, 6:22 PM
    • 1,813 Posts
    • 3,203 Thanks
    IamEmanresu
    @CRP7

    You could also start your own thread and get help here.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
    • zaklondon
    • By zaklondon 21st Nov 17, 8:32 PM
    • 1 Posts
    • 2 Thanks
    zaklondon
    Land registry records show that the parking area in question at Heath Parade Colindale NW9 is referenced as follows:

    "Land on the north side of Grahame Park Way, London"
    Title Number NGL931573
    Registered Owner: CHOICES FOR GRAHAME PARK LIMITED (Co. Regn. No.
    05303074) of Capital House, 25 Chapel Street, London NW1 5DT.

    This means the document that Gladstone Solicitors and Parking Control Management (UK) Ltd use from "Genesis Housing Association" purporting to be the freeholder and giving them authority to issue tickets is invalid.

    Although CHOICES FOR GRAHAME PARK LIMITED is part of the group of companies of Genesis Housing Association, it is its own legal entity. PCM's document does not refer to Choices.

    All cases for the Heath Parade should be struck out on this fact alone. I will confirm this once outcome of my case at the county court is known. The judge adjourned it and gave PCM 14 days to prove they have authority of the legal freeholder.

    (Of course, PCM might get a new letter of authority from the correct freeholder company, but then that cannot be back-dated and would only be applicable for cases thereafter. So all previous tickets and claims upto now would be invalid)

    It also seems to me that PCM have a stooge within Genesis Housing Association who is part of this scam, and we should all perhaps lobby Genesis Housing Association to stop this scam, and if they dont want people parking there, put proper big sign on approach, not try to trap people with
    Ms Sunglasses hiding behind lamp posts photographing lured victims.
    • Coupon-mad
    • By Coupon-mad 21st Nov 17, 10:14 PM
    • 51,747 Posts
    • 65,386 Thanks
    Coupon-mad
    Thanks for posting this, zaklondon. Also posted on pepipoo forum.

    A poster there pointed out this, which you have explained:

    Although CHOICES FOR GRAHAME PARK LIMITED is part of the group of companies of Genesis Housing Association, it is its own legal entity. PCM's document does not refer to Choices.
    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.

    • nosferatu1001
    • By nosferatu1001 6th Dec 17, 12:58 PM
    • 1,159 Posts
    • 1,191 Thanks
    nosferatu1001
    No. Just no. Start your own thread. Please EDIT and rmeove your post.
    • itsmepip
    • By itsmepip 6th Dec 17, 2:59 PM
    • 7 Posts
    • 1 Thanks
    itsmepip
    Sorry - seem to have offended you. Post deleted.

    Have a good day.
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