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pcm parking ticket but disabled

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178101213

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  • daffas6688
    daffas6688 Posts: 103 Forumite
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    edited 6 September 2017 at 10:47PM
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    https://www.dropbox.com/s/07mjbrggtei8yyn/Scan_20170906.pspimage?dl=0


    Please can you advise if you can read as in dropbox it says it can't but it gave me an option of opening in another programme on the above link. Thank you
  • Coupon-mad
    Coupon-mad Posts: 132,768 Forumite
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    Bumping for others to see tomorrow and comment on the WS.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • daffas6688
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    Hi has anyone had a look at my witness statement / evidence? I am hoping to get in post to court a s a p. I have to email to claimants solicitors too. Does that include photos? Also if they can see mine before do I not get to see theirs? I can drop box the letter from estate manager if I should include so you can read ans see if that will help or hinder me.
  • Coupon-mad
    Coupon-mad Posts: 132,768 Forumite
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    edited 8 September 2017 at 3:45PM
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    I can drop box the letter from estate manager if I should include so you can read ans see if that will help or hinder me.
    Don't send the claimant's solicitor a Dropbox link - that would not be considered good service of evidence. You can send them PDFs and if that means more than one email, then do that.
    Also if they can see mine before do I not get to see theirs?
    Yes they do that deliberately, but we are seeing Gladstones discontinue more cases now, than before (throw in the towel) which leaves people open to apply to the Court for their own wasted costs, which is fun!

    You would get more views on a WS if you copied & pasted it here, using Notepad not Word, as per the thread by MSE Andrea this week!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • daffas6688
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    No wasn't sending drop box to solicitor I meant on here, the letter from estate manager . I did witness statement on here through drop box as it is , so far, the only way I have managed to get it on here. I will ask my granddaughter she may know she only 11 , but they seem to know lots these days. Failing that I would have to write word for word on here. Thanks for your help
  • daffas6688
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    DEFENCE/WITNESS STATEMENT

    Case No: xxxxxxxx
    PARKING CONTROL MANAGEMENT (UK) LIMITED -v- xxxxxxxx

    06/09/2017

    I xxxxxxx of xxxx am the defendant in this matter and will say as follows.

    1) Although in the vicinity of Scholars Way Academy Central on the 07/12/2017 I wasn't actually parked.I didn't leave the vehicle as I was merely waiting for my young granddaughter to leave after school cliub, for a short time.

    2) As I entered the Estate i failed to notice the parking restriction signs as it was dark and poorly lit. also the sharp angle you drive in at, prevents you from seeing outside signs as do the trees. The actual place I was waiting at ( slipway adjacent to school) was way off to the left from the residents poorly signed area. I had the impression this was a public road as it had a public school, and placed my Blue Badge in the windscreen thinking I was legal. At no time was I causing an obstruction, in a residents bay or on any lines.( zig zag or yellow )

    3) At no time did i see the parking warden, who must have hidden in the shadows . The evidence photo was taken from behind and at no time did they come round the front of the vehicle. nor was I given the opportunity to be moved on. It is clear they were out to make money for the company.

    4) having received a penalty notice I extensively researched who was in charge of the Estate and found an Emma Walker was. I contacted her about lack of disabled spaces on the land and my penalty notice, but she wasn't interested. She told me she couldn't overturn it and to appeal to PCM.

    5) My appeal was refused and PCM then became bullies. They hassled me and overinflated the charges. I was sent confusingly worded solicitors letters.This made me feel intimidated lost sleep over something I believed I had done no wrong. A council penalty you can appeal further and get an independent mediator, but with this company it goes straight to solicitors then court in the wrong or not.

    6)It is submitted that ( apart fromproperly incurred court fees) any added solicitors fees are simply numbers made up out of thin air, and are an attempt at double recovery by the claimant, which would not be recoverable in any event.

    7) As PCM are acting as an agent on the estate, the claimant has no legal right to bring such a claim in their name, which should be in the name of the landlord.

    8) I am also including photographs and photocopies towards my evidence. a copy of my Blue Badge. A copy of the yellow line page of the Blue Badge booklet. Photos of where I was situated. Photos of approach, entrance, signage etc that I missed or too far away to notice. The signs are so high it is impossible to read at night even if you do notice them. On there being a school just inside the gate, people will be looking out for children not signs high up on posts. Parts of the estate poorly lit if at all in places. Plus photos of cars parked all over area at school times.( which gives the impression it is the norm and ok to park in the area.

    9) I am also forwarding transcripts from the 3 court caes I mentioned in my earlier evidence ( Vehicle Control Services v Ibbotson,Vinev London Borough Of Waltham Forest,and Jopson v Homeguard Services Ltd

    My statement is my account of events and true.
  • daffas6688
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    I have changed some sentences from the original drop box document above. ( the name of estate manager as mis thought it was L&Q ) and some other wordings. This was the only way I could post. Please could anyone advise me if this is ok as my witness statement and what I may have omitted. The last sentence I will change to an appropriate one as couldn't think of anything at the time. I do hopre to get this off to the court tomorrow so hope as many people see as possible. Also do I include the letter from the estate manager saying they can't help. Does it help or hinder me? One aspect would be they are not interested in chasing up people themselves?
  • Coupon-mad
    Coupon-mad Posts: 132,768 Forumite
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    edited 9 September 2017 at 12:39AM
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    Not ''I failed'':
    2) As I entered the Estate i failed to notice the parking restriction signs

    Maybe:
    2) As I entered the Estate there was no way that I could have noticed the parking restriction signs

    and it's not a 'penalty notice':
    4) having received a [STRIKE]penalty[/STRIKE] parking charge notice I extensively researched who was in charge of the Estate and found this was an Emma Walker[STRIKE] was[/STRIKE]. I contacted her about lack of disabled spaces on the land and to ask her to cancel the parking charge [STRIKE]my penalty[/STRIKE] notice, but she [STRIKE]wasn't[/STRIKE] was not interested.

    And where you refer to your evidence photos, your Blue Badge and case transcripts, give each piece of evidence a number and call it by that number, and put the whole lot in a file or document wallet with a cover sheet of contents, referring to the Witness Statement and the evidence by number.

    The pages will also need numbering at the bottom, once all organised.

    A copy of everything must be emailed to the other side's solicitor.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • daffas6688
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    Morning. I am editing version of witness statement with Coupon-mad's help. I just need advice from anyone about before I try and get it in the post today. Do I include my original appeal to PCM? The evidence I gave to MCOL business centre or will my local court already have that? Also do I include the refusal to cancel parking charge from Estate manager? Any advise gratefully received. Thank you
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