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  • FIRST POST
    • jrc123
    • By jrc123 30th May 17, 10:53 AM
    • 71Posts
    • 25Thanks
    jrc123
    Fine after 30seconds
    • #1
    • 30th May 17, 10:53 AM
    Fine after 30seconds 30th May 17 at 10:53 AM
    Dear Members
    Sorry if this has been answered before.

    I drove down a public road which PCM Ltd operate.
    Type in google maps joseph ray road e11.

    I drove down the road stopped with my car running got out to read the sign which says no parking. I then turned around to see someone taking a photo of my car.

    I told them i am not parking and now moving and drove off. All this happening in a space of 30seconds which are also shown on the images on the PCM website.

    When i received the fine i stupidly appealed saying I had to pull over as i was unwell to take something out of my boot and the car was running. Still also in the 30 second time frame.

    My appeal was rejected what can i do now?
    thanks for the help
Page 8
    • jrc123
    • By jrc123 1st Dec 17, 4:49 PM
    • 71 Posts
    • 25 Thanks
    jrc123
    Hi All

    so it has been quite some time now!
    I originally received an LBC from Gladstones which like everyone's did not have any information so i followed the forum and responded back like i have seen as :

    31st July 2017

    Dear Sir
    Ref:XX
    I have received your Letter Before Claim dated 25th July 2017.
    I deny any debt to Parking Control Management (UK) Limited

    The driver is not identified in your letter and your client has failed to meet the requirements of The Protection of Freedoms Act to pursue me as keeper.

    You also cannot presume that I possess all the documents referred to in your letter. Please send me copies of all the documents sent by the client including the windscreen notice if one was attached to the vehicle.

    When these are supplied, please also confirm whether the intended action is founded on a contractual charge, a breach of a contract or trespass.

    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


    this was sent on the 31st July and now on the 27th November i get a reply - crazy!
    From what i have been told above if it is too do with railway byelaws where this plot land was then they have 6 months to try to take me to court it is now december and this happened in may so well over 6 months now.

    Their reply was as below- i took picture of the letter

    http://tinypic.com/r/2ld9e10/9
    http://tinypic.com/r/ildjtd/9

    should i now repond back to their letter?

    thanks
    • Redx
    • By Redx 1st Dec 17, 5:03 PM
    • 16,937 Posts
    • 21,075 Thanks
    Redx
    seeing as the demand is from GLADRAGS themselves then YES , respond and use the recent rebuttal which is based on the new PaP that came in on 01 oct 2017 , the examples of which are found in the NEWBIES FAQ thread, post #2

    keep playing tennis with gladrags , especially if they send a compliant LBC under the new PaP

    at the moment this has nothing to do with any TOC or bylaws, even though they may override the above , plus there is no way the TOC or Network Rail or whoever will issue a mags court charge now either

    its a case of who blinks first
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • jrc123
    • By jrc123 1st Dec 17, 5:09 PM
    • 71 Posts
    • 25 Thanks
    jrc123
    HI Redx
    hope you're good been a while!

    So shall i send back a letter from the example from LOC123 here:
    http://forums.moneysavingexpert.com/showthread.php?p=72358831#post72358831

    or this one from Daniel San:
    http://forums.moneysavingexpert.com/showthread.php?p=73208118#post73208118

    pls advise?

    thanks
    • jrc123
    • By jrc123 1st Dec 17, 5:10 PM
    • 71 Posts
    • 25 Thanks
    jrc123
    too add they did send me my original appeal email i sent in and the response from PCM
    • Redx
    • By Redx 1st Dec 17, 5:17 PM
    • 16,937 Posts
    • 21,075 Thanks
    Redx
    I wont be advising you on what to send back, albeit it should address the new PaP

    the idea is that you keep bouncing it back as "put up or shut up" but this could go on for the next 5.5 years as they will be like a dog with a bone

    the time when this may be resolved is if they try a court case (they have 6 years = 72 months to try it) and part of your defence is the issue about bylaws , trespass and private parking charges not applying , never mind the short time spent there

    ie:- a judge may well throw it out , meanwhile they will keep sending letters trying for their pound of flesh , so you need to keep rebutting those gladrags letters

    due to the new protocols that came in recently, those letters have changed and I dont even pretend to understand the legalities , I consider MY JOB to point people like you at what exists on here or elsewhere for you to read, digest and act upon

    I certainly wont be giving you legal advice, other than do the research (and where to find it) , which is what I did above

    very , VERY few people on here are qualified to give you legal advice , but LOC123 is certainly a good source seeing as she is a solicitor
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • jrc123
    • By jrc123 1st Dec 17, 5:22 PM
    • 71 Posts
    • 25 Thanks
    jrc123
    Hi Redx

    thanks for that response.

    I will be replying to them and typing it as we speak.

    should i put in about byelaws or save that for my defense should it go to court?

    I just dont want to give a robot response back

    thanks
    • Redx
    • By Redx 1st Dec 17, 5:27 PM
    • 16,937 Posts
    • 21,075 Thanks
    Redx
    as I said , I will NOT be giving you legal advice

    but the LOC123 link you posted is over 6 months BEFORE the new PaP of 01 oct 2017 came in , so clearly that one is OUT OF DATE !!

    please check dates on posts before quoting them , especially as I specifically told you to look for something AFTER 01 oct 2017

    it is pointless people replying if you dont even look at what they say or why they have said it

    so to reiterate , you want a rebuttal to LBC letter that addresses and includes the new PaP which came in 2 months ago

    it is clear to a layman that their recent letters to you do not address the new PaP
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • jrc123
    • By jrc123 1st Dec 17, 5:33 PM
    • 71 Posts
    • 25 Thanks
    jrc123
    noted :-)
    Ah yes i found the updated one with the protocol you mentioned.

    thanks once again for the help

    I'll keep you posted if i get anything else back.

    thanks
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