County Court Claim Form - PCM at Heath Parade - NW9

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
108 replies 11.3K views
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  • MothballsWalletMothballsWallet Forumite
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    Coupon-mad wrote: »
    Search the forum for the word Clerkenwell as this has been covered this week.
    Is that the same Clerkenwell as the House of Detention that was on Most Haunted all those years ago?

    Maybe we should make the PPC staff spend a night in there... ;)
    Always ask yourself one question: What would Gibbs do?

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  • Thanks so much Coupon-mad

    I in fact was driver, so I will refrain from distinguishing driver and keeper in my witness statement then
    Thanks for the links also! I've heard of many cases being discontinued, no such luck as yet with my own. I have a counterclaim of £250 so perhaps this is why?

    In any case, I'm going to show how this is indeed a scam and predatory!

    Thanks again!
  • Coupon-madCoupon-mad
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    Ooh, forgot about your counter-claim! I hope PCM forget too and discontinue, leaving the way clear for your counter-claim for which presumably you paid the £25 court fee, so it remains 'live'.

    Haha!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Court date tomorrow at 10:00! Re-reading my documents and cases - wish me luck!
  • RobinofLoxleyRobinofLoxley Forumite
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    Good luck tomorrow.

    Don't know if you've seen it but over on Pepipoo a poster heard of someone that had won in court V PCM re Heath Parade.

    http://forums.pepipoo.com/index.php?showtopic=113853
  • edited 31 May 2017 at 4:35PM
    Coupon-madCoupon-mad
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    edited 31 May 2017 at 4:35PM
    Court date tomorrow at 10:00! Re-reading my documents and cases - wish me luck!

    We have four cases tomorrow then:

    you

    Jack Basta's pre-POFA case:

    http://forums.moneysavingexpert.com/showthread.php?t=5554723


    MA61:

    http://forums.moneysavingexpert.com/showthread.php?t=5650032

    and


    Jinxycat:

    http://forums.moneysavingexpert.com/showthread.php?t=5587819&page=2
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
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  • EachPennyEachPenny Forumite
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    I've only just seen this thread, and unfortunately probably too late to help the OP's case (hopefully won't be necessary anyway).

    Has it been established that the loading bay is actually on private land? I've seen the question asked, but cannot see a definitive answer anywhere.

    The road layout has been changed considerably, so it is difficult to tell for sure, but comparing the streetview pictures from 2012 to 2016 suggests at least part of the bay is located on land which was public highway in 2012. My understanding of highway law is that a stopping up order would be required for land which was public highway to become private - has anyone seen a copy of such a stopping up order, does one even exist?

    The footway is separated from the carriageway by the loading bay. It is possible that the footway is also on private land, but if not then it is highly unusual in a development to create an 'island' of private land within the public highway as the loading bay is effectively 'trapped' between the public highway carriageway and the public highway footway. The loading bay itself (if private) would need to be protected in the usual way by notices stating there is no intention to dedicate - these aren't visible on the 2016 streetview images and it is hard to see how such notices could be placed in the appropriate positions. It seems a highly irregular arrangement.

    A useful argument for someone to possibly consider using is the 2016 streetview images show the words "LOADING ONLY" painted on what surely is public highway next to the bay. I'm not sure if these are still there of course. My TSRGD knowledge is a little rusty and I'm not up to speed with the 2016 version, but I believe unless special authorisation is obtained, then the "LOADING ONLY" legend can only be used with the appropriate carriageway marking (e.g. diagram 1028.3 or 1032 in the 2002 Regs).

    In other words, if the loading bay is private land then the words "LOADING ONLY" should really not be marked on the public highway unless special authorisation was obtained. This is because the words could be considered to be a 'traffic sign' on their own, separate from whatever marking is on private land. Because the words and the layout of the bay would give the impression the area was actually part of the public highway (and therefore confusing for the motorist) I'd be gobsmacked if special authorisation had been given for them.

    Therefore it is possible the "LOADING ONLY" legend marking is unlawful, unless of course the loading bay is actually public highway - in which case it shouldn't be enforced as private land.

    Someone should ask the Council to provide:
    1) A copy of the stopping up order if the loading bay is now private but was previously public highway (even a small part of it)
    2) A copy of the special authorisation for the "LOADING ONLY" legend apparently marked on the public highway.

    If they cannot provide (1) then the status of the bay as public/private could be challenged. The boundary of the public highway before the redevelopment may have extended into the verge and is not necessarily limited to the extent of the carriageway. If any of the land believed to be private is actually still public highway then someone has messed up badly.

    If they cannot provide (2) or cannot justify the use of the marking in acordance with TSRGD then the marking which is giving a misleading impression the bay is public highway is possibly unlawful. This is significant, but it would need some further research to fully understand the implications of this on the enforcement of the bay as private land.

    The Council could also be asked (under FOI) to provide copies of agreements and correspondence etc relating to:
    a) the stopping up of any public highway in this location
    b) the sale or other disposal of the land to the new private owner
    c) the proposals for enforcement of the loading bay
    d) the marking on the public highway of the words "LOADING ONLY"
    e) maintenance agreements for the loading bay

    It appears other people are already looking at planning and advertising issues.

    I just wish I'd seen this a month or two ago. Hope the OP wins anyway :)
    "In the future, everyone will be rich for 15 minutes"
  • SystemSystem Forumite
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    The council are in extensive discussions with the landowner about changing the layout again and changing the terms of parking there. It's been a PITA for too long and surprised council hasn't used the powers they have to investigate this company.
  • I'm still waiting! There are so many cases backed up this morning. I've paid for parking til 12 (been here since 10, so 2 hours as the court allocated for this case). I hope I'm not waiting much longer and the hearing is swift!

    Gladstones rep tried to give me more documents when he introduced himself - I said NOPE, thanks but no thanks. Let's see how it goes...
  • safarmuksafarmuk Forumite
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    Gladstones rep tried to give me more documents when he introduced himself - I said NOPE, thanks but no thanks. Let's see how it goes...
    Correct, do not take anything on the day.
    Did you get his name?
    I'm still waiting! There are so many cases backed up this morning. I've paid for parking til 12 (been here since 10, so 2 hours as the court allocated for this case). I hope I'm not waiting much longer and the hearing is swift!
    If you win you might want to include todays parking fee in your costs ... the irony will be stunning.
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