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    • psycho101
    • By psycho101 12th Feb 18, 1:10 PM
    • 1Posts
    • 0Thanks
    Assistance requested - LBC received
    • #1
    • 12th Feb 18, 1:10 PM
    Assistance requested - LBC received 12th Feb 18 at 1:10 PM
    Hi there I wonder if you can help me. I wish I had come across this forum earlier - nevertheless, I am now at 'Letter Before Claim' stage, issued by Gladstone's solicitors.

    Here's my info:
    - I received a PCN issued by CPM (UK Car Park Management) - apparently the car was parked in an area requiring a permit
    - I replied with appeal within 5 days as I was the keeper of the vehicle and to whom the PCN was sent (albeit my wife was the driver). I then received a reply 9 days later to say that I could not appeal, only the driver could. My wife then wrote pretty much the same appeal and sent it off the next day.
    - The appeal was not upheld. Moreover, the fine went up from £60 to £100 as the 14 day period for a lower charge had expired! (Even though 9 of these 14 days the initial appeal had sat with CPM, who were clearly stalling for time to this end)
    - I then appealed with the IAS, who rejected my appeal.

    My appeals were based upon 3 things - (i) The car was parked at nightfall - the signs were not visible - there was no illumination of the area nor of the signs. So never knowingly entered a contract. Even the photo that has been taken and sent to me, it is difficult to make out that there are any signs, and the photo is clearly taken with flash (you can see the flash reflection in the car tail lights). (ii) The area was completely deserted, no other cars parked in the area (it was a Sunday evening in December, all the nearby businesses were closed - so no detrimental impact on any landlord/tenant of the land) (iii) The car was parked there for less than 10 minutes

    For the IAS appeal, I also shared photos which I had taken of the area, but this time without flash, showing the area to be totally dark after nightfall with no signs visible. I don't believe the IAS really took this into account when knocking back my appeal. (In another thread, I see that the IAS is referred to as a 'kangaroo court' - I'm inclined to agree!)

    I then had debt collector letters sent by DRP (Debt Recovery Plus). I simply emailed them saying I wouldn't be paying, stating the reasons why. They sent me 4 more letters after this.

    I then received letters from Gladstones Solicitors saying I would be taken to court. The fine had now been increased by an additional £60 for time spent recovering the charge, which is 'pre-determined'.

    Gladstones did allow me to complete that Pre-Action Protocol if I believed I had a reason for the fine to be invalid. So I did this stating once again all of the reasons.

    I have now received an email from Gladstones saying they see no reason to address the comments made within PAP form, as these have all been rejected in the appeal heard by CPM and IAS. I have now been issued 31 days to pay all of the amount, or legal proceedings will begin and further costs sought.

    I see on another thread, you mention POPLA - I haven't yet done anything through them.

    In essence, given the reasons on the appeal (signs weren't visible after nightfall owing to no illumination / no detrimental impact as the area was deserted) I don't believe I should have to pay anything. Certainly not this amount, where the charges have increased owing to the actions of CPM.

    My question is: what is the best course of action for me now?
Page 1
    • KeithP
    • By KeithP 12th Feb 18, 1:23 PM
    • 6,081 Posts
    • 4,967 Thanks
    • #2
    • 12th Feb 18, 1:23 PM
    • #2
    • 12th Feb 18, 1:23 PM
    My question is: what is the best course of action for me now?
    Originally posted by psycho101
    Your best course of action is to read post#2 of the NEWBIES FAQ sticky/pinned thread.

    In there you will find comprehensive guidance on how to deal with the inevitable court case, starting with the Claim Form from the County Court Business Centre in Northampton.
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