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LDK PNC, faulty meter, staff of film the works!

Hello MSE, (

Search G Man on Youtube for links)

A while back I parked in a local car park owned by a company who "employ" the LDK group to manage the car park. To use the car park is only £1 and although I have a permit to park in my own place of works car park it is often full. £1 for the day is a bargain.

On the 2nd, 4th and 5th of December the ticker machine was out of order and displayed a NOT IS USE message. The first two days I thought OK saved a quid but on the 5th I saw an LDK van in the car park. I apporached the female employee who was guzzling food and asked what I should do, she asked which car was mine and said not to worry about it. Knowing that this is utter bull I photographed the machine in question. I photographed the machine at 12.53 she photographed the car at 13.10!!!

A few weeks passed an nothing then all of a sudden, with a dramatic theme playing, THREE PNC’s arrived. Now normally reading the websites like this I would just ignore but as I had spoken to the member of staff I felt rather miffed. I wrote back to the “Appeals Dept” including photos of the faulty machine (I had taken a load more, reveryday I parked there) explaining that THEIR machine was FAULTY and they were not in a position to contract. A few weeks pass and then I get a lovely pink letterhead letter telling me my appeal had been unsuccessful. That’s strange I though as I never actually appealed, no contract existed.

A few days later when I got to work I saw the same lady in the car park and asked her what these letters were about, she was on the phone using loudspeaker at the time and she asked the person she was talking to who said an exemption marker should have been placed on the my cars registration plate. I was now getting quite interested in the process and thought it would be fun to send an appeal to POPLA to see how they judge cases etc. I emailed them the initial stuff and got a reference number. All well and good.

I saw the same lady again in the car park a week later watching all the boy and girls arriving at work and looking at the faulty machine so I approached her again this time I have the original PNC tripe LDK had sent out. This time her story had changed and she stated that if the machine is faulty you have to phone them and let them know. I asked why on the 5th she had told me to park etc then took a photo of my car. Poor lady looked about ready to deny it until I explained you can clearly see her reflection in the car. I then asked about the contract board which has the full terms and conditions which says a ticket must be purchased and displayed. It says nothing on there about contacting you and there is a number on the ticket machine but if you phone it there are three options and the only one that involves speaking to someone is to arrange a call out.

The lady walked over to the machine and by now a small crowd had gathered, some of these suckers had actually paid the PNC, while others just wanted to know what to do in terms of paying the £1. The lady then bangs on a bit trying to tell people that they have to phone the number even though she is told it is not part of the terms and conditions. By now you can feel the bead of sweat rolling down her back, she doesn’t realise she is on film but it makes for good viewing.

I have since had a SCARY NINE letters in two days from Debt Recovery Plus LTD, ohhhh scary scary scary ;-).

Anyway have a read of the letter below where I ask for proof of claim etc. For some reason they stopped monitoring the car park now, think they might have got wind people are on to their tricks and PHOTOGRAPHY is in use. Amazingly on the scare letters they talk about their use of photography to capture evidence :)

Graham

Please find below a letter I send back to LDK following their refusal of my appeal that never was.

**An updated response following new information coming to light**

YOUR FRAUDULENT TICKET REFERENCES
0000949617
0000949502
0000949524

FAO Jeff Stone,

Thank you kindly for the pink letter headed reply you sent. I think they might have been some misunderstanding on your behalf as the letter I sent wasn’t actually an appeal. The ticket for the 5th (2nd and 3rd) were fraudulently issued as LDK were unable to contract due to LDK faulty machines. I have sent an “appeal” to the POPLA people although why I bothered I have no idea but it makes good reading on my online blog and YouTube. Remember Jeff a contract is only legal providing both parties are in a position to agree and sadly your shoddy, faulty, broken pay machine means you weren’t able to honour your contract by allowing me to pay and display a ticket.

The ticket(s) have been fraudulently issued, as you couldn't contract, the accessing of my data via the DVLA database was also possibly fraudulent and complaints against you have been made to the Information Commissioner and the DVLA. The newspaper I spoke to have been emailed also.

PLEASE, PLEASE, PLEASE, let’s go to court, as we know no man can be arbitrarily placed in debt, thankfully I now have a dozen plus photos showing YOUR faulty equipment and a video of one of your employees telling me to park on a different date in a different vehicle, let’s see if I get a fraudulent ticket as it will all make great, sorry even greater, YouTube Footage. Let us not forget the owner of the land has not put up any notices that filming is not allowed and as it is corporate property not private land the finding of Lord Bassam of Brighton’s relating to filming in public stands.

You might as well save your time as you won’t be getting a penny, your “debt collectors” will just be leaving empty handed and on YouTube along with LDK being repeatedly mentioned, unless we go to court and you get a court order allowing forced entry, never happens in a civil court! I do chuckle at the line “What you need to do now is make payment”, as a gesture of goodwill I decided to walk a neighbour’s dog. I was going to link all the photos and video with this final communication but would rather use them in court. Also be aware when the “appeal” is upheld by POPLA I will need to make a claim against LDK for cost of postage, time, paper, ink etc. You can avoid this claim by forwarding to me a cheque made payable to “Help for Heroes” for the sum of £20, which I will send them before Christmas.

I have made a rather snazzy A4 poster to put on windscreens in the Middlehaven Carpark for other people who you couldn't "contract" with just to make sure nobody pays! Disgusting behaviour from your staff, telling people to park then ticketing cars, the land owners will be contacted in due course.
I still require a copy of your company complaints' procedure to make a formal complaint against the initial member of staff on the 5th of November, thankfully her reflection is in the photo so identifying her from your end will be really straightforward. I found printing it out in A3 was really useful so ran off a number of copies. Should further tickets be issued fraudulently or out of contract then you will simply be going round in circles. Of course I have asked POPLA to request the ticket machine data from you so you can prove the machine was working. Thankfully in the edit section below your member of staff confirms it hasn’t been working for quite some time.

Graham
EDIT 14/12/2015; Having had TWO very interesting discussions with LDK staff today, it would appear that you actually expect people to phone YOU if YOUR machine is broke? If you could please highlight (on the photo below) that on the contracts “Full Terms and Conditions” and return to me, I will use this in court. Whilst talking to a LDK employee this morning a small crowd did gather to listen, gets interesting discussing contract law. I loved her quote along the lines of yeah we know it’s been out of order. Can you please confirm that people are reimbursed for the phone calls, although they’re not contractually obliged to make and that there is an option to allow people to speak to an operative as currently no such option is available and therefore not possible and finally provide a landline based number.
Would you also kindly provide proof of claim that the land is private and not owned by a commercial entity who is not using the land for commercial enterprise (e.g paying to park) and that there is not unfettered public access . Again in your “PCN” you make specific reference to the legality of a recent court case and claim it set a precedent, which it more than probably does but this case isn’t similar in the slightest, this is about your failure to contract then trying to enforce that contract.. That case referred to a contract entered into when the defendant agreed to pay for staying over a set period of time. I think the BPA are going to be very interested with the material I send them in the coming weeks, plus the local media love a good story about motorists. You may obtain a copy of this information for £75 plus £12 postage. Cheques must clear before any material can be sent.
LDK must also be aware at this point that it is my intention within a 5 month period to submit a Subject Access Request under Section 7 of the Data Protection Act. This will force LDK by law to produce any information relating me to and this includes, emails, letters, voicemails, hand written notes, minutes from meetings where my person is mentioned on referred to and this also extends to any agents or contractors you employ. The fee chargeable is only £10 and thankfully it will cost LDK a lot more than that to process it.

Comments

  • If you search "20151214 g man" on YouTube it is the fourth video down, that will take you to my channel!
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    Save a Rachael

    buy a share in crapita
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    i do chuckle at the line “what you need to do now is make payment”, as a gesture of goodwill i decided to walk a neighbour’s dog.
    LOL, nice one!

    :):):):)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • yotmon
    yotmon Posts: 485 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Define 'Scammer'

    1. "a confidence game or other fraudulent scheme, especially for making a quick profit; swindle. verb (used with object), scammed, scamming.

    2. to cheat or defraud with a scam"

    The probable outcome will be to blame a 'rogue' employee trying to upgrade their bonuses and not following the strict guidelines /codes of practice of the company.

    Lots to work on there :T
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Interesting. However for future reference, you can't go directly to POPLA without going through the PPC internal process of appeal first of all and getting a POPLA number.
  • Well that's the interesting thing because I didn't appeal tickets that can't exist. Needless to say the nearest they're getting to £450 (3 x £150) for three £1 tickets is a whiff of gas from my blow hole.

    There are lots of car parks in the area that these land sharks are swimming in. They regularly park in the disabled bays which is an offence under the Equality Act 2010. Remember land isn't private if it has

    unfettered public access
    is owned by a commercial entity with the purpose of commercial activity

    Do you ask permission to go in Tesco?
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    edited 27 January 2016 at 10:28PM
    Jack05 wrote: »
    Well that's the interesting thing because I didn't appeal tickets that can't exist. Needless to say the nearest they're getting to £450 (3 x £150) for three £1 tickets is a whiff of gas from my blow hole.

    There are lots of car parks in the area that these land sharks are swimming in. They regularly park in the disabled bays which is an offence under the Equality Act 2010. Remember land isn't private if it has

    unfettered public access
    is owned by a commercial entity with the purpose of commercial activity




    They regularly park in the disabled bays which is an offence under the Equality Act 2010


    is it? since when did any markings in a private car park become "legal"


    Do you ask permission to go in Tesco?[/QUOTE]


    no they give permission to enter , and can ask you to leave at any time , as it is private property
    Save a Rachael

    buy a share in crapita
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