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  • FIRST POST
    • Kas22
    • By Kas22 20th Nov 17, 10:45 PM
    • 18Posts
    • 9Thanks
    Kas22
    Gladstones - Technical defence against PCM
    • #1
    • 20th Nov 17, 10:45 PM
    Gladstones - Technical defence against PCM 20th Nov 17 at 10:45 PM
    Hi All,

    Having looked over the site I can't seem to find any thread where there has been a post on technical dispute, unless I'm being sheer ignorant to searching (I apologise).

    To cut a long story short, I was issued an unjust ticket by PCM (those ex-clampers) stating I was "Parked within a restricted area" even though that wasn't the case as where the car was parked was not part of the controlled parking zone.

    Where the vehicle was parked used to be a shed for bicycle storage, so was not officially part of the car park, or the controlled area.
    The notice did not specify parking was inclusive of the area the vehicle was parked at and specified
    "Vehicles must be parked with a valid parking permit fully displayed within the windscreen and parked wholly within the confines of a marked bay appropriate for the permit on display..."

    I disputed this with PCM but received generic responses. I then took it to IAS who were also as useless as PCM (also found this out by reading threads on here and on pepipoo). I then started receiving letters from TRACE debt recovery which I ignored... and more recently I received a letter from Gladstones.

    Up to the point of disputing with PCM and the letters received from the debt recover firm, I was in touch with BMPA (British Motorists' Protection Association) who were very helpful... However BMPA cannot assist me any further as the claim is based on a technical defence and what my interpretation of the sign was. I therefore turn to yourselves for some help and guidance.

    The question is, should I respond with a template based on the following thread that @coupon-mad wrote /showthread.php?p=73401300#post73401300, or will this require some more thought?

    I am happy to see this through to court as I will not let them get money out of me on such grounds.

    Any help or advice on this matter would be greatly appreciated.
    I will post links to images once I am approved to do so.
Page 2
    • Kas22
    • By Kas22 17th Dec 17, 12:14 PM
    • 18 Posts
    • 9 Thanks
    Kas22
    Is that draft any different to that in the NEWBIES FAQ sticky? Have you made any changes? If so, point out where they are, that will help us focus attention.
    Originally posted by Umkomaas
    So I read the two on the NEWBIES FAQ sticky and merged the relevant information together, and what would best suite my situation. The only changes I made was by adding point 10 (in bold)
    • Coupon-mad
    • By Coupon-mad 17th Dec 17, 3:42 PM
    • 52,914 Posts
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    Coupon-mad
    It looks fine except this make little sense to me:

    10. Photos of the sign where it states (in writing) where the vehicle of the alleged contravention was parked is an official parking bay which sits within the remit of the restricted area.
    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.

    • Kas22
    • By Kas22 17th Dec 17, 5:01 PM
    • 18 Posts
    • 9 Thanks
    Kas22
    It looks fine except this make little sense to me:
    Originally posted by Coupon-mad
    The reason I added that point was that there is no proof or indication on the PCM sign that where the vehicle was parked, was part of the restricted area. It only states "Vehicles must be parked with a valid parking permit fully displayed within the windscreen and parked wholly within the confines of a marked bay appropriate for the permit on display"

    If you deem it's not necessary, or ambiguous, I can remove it, or re-word it to; "Photos of where the vehicle was parked was a marked bay".
    • Coupon-mad
    • By Coupon-mad 17th Dec 17, 5:49 PM
    • 52,914 Posts
    • 66,449 Thanks
    Coupon-mad
    I think it need re-wording, not removing, I can't understand what it means!
    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.

    • Kas22
    • By Kas22 18th Dec 17, 9:29 PM
    • 18 Posts
    • 9 Thanks
    Kas22
    I think it need re-wording, not removing, I can't understand what it means!
    Originally posted by Coupon-mad
    I'll keep it simple: "Photos of where the vehicle was parked was a marked bay"
    • Coupon-mad
    • By Coupon-mad 18th Dec 17, 11:36 PM
    • 52,914 Posts
    • 66,449 Thanks
    Coupon-mad
    Still not grammatical!

    Do you mean:

    'photographs of where the car parked at the material time, which I assert was a marked bay appropriate for the permit on display'.

    ?
    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.

    • Kas22
    • By Kas22 19th Dec 17, 10:02 AM
    • 18 Posts
    • 9 Thanks
    Kas22
    No. Where the vehicle was parked was not part of the car park, hence the rules of the parking sign where not enforcable for that area.

    It will be difficult for them to prove, so "Photographs of where the car parked at the material time, was a marked bay appropriate for the permit on display", would be more appropriate.
    Last edited by Kas22; 19-12-2017 at 2:42 PM.
    • Coupon-mad
    • By Coupon-mad 19th Dec 17, 7:13 PM
    • 52,914 Posts
    • 66,449 Thanks
    Coupon-mad
    But it's not grammatical. That's not a sentence that makes sense to me.

    Don't you need:

    'Photographs evidencing that the specific place where the car was parked at the material time, was...' ?
    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.

    • Kas22
    • By Kas22 19th Dec 17, 7:47 PM
    • 18 Posts
    • 9 Thanks
    Kas22
    Right, that makes far more sense now!

    'Photographs evidencing that the specific place where the car was parked at the material time, was a marked bay appropriate for a permit on display'
    • Kas22
    • By Kas22 5th Jan 18, 10:06 AM
    • 18 Posts
    • 9 Thanks
    Kas22
    Happy New Year all!

    Hope you all had a great time and enjoyed the festive season.

    I am awaiting a response from Gladstones (letter sent on the 20th). Will keep everyone updated.
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