Heath Parade NW9 - County Claim from Gladstones (PCM) thrown all correpsondence!

tati

Dear all,



I hope you are in good health, happy new year everyone!

I wonder if you could possibly help me with this troublesome PCN case..


We have received a PCN from Parking Control Management in October 2016 for parking on the infamous Heath Parade NW9, no (loading layby bay, privately owned land, no parking allowed at all, no ticket machines provided).

We have ignored all correspondence from them, the case was later taken over by Gladstones, still ignored everything and also threw away all their correspondence.

I guess that's an advice we heard from a forum a long long time ago...



Things got serious as we received County Court Claim in the County Court Business Centre and am now preparing a defense,deadline is until 24th January but need a bit of help.



I have read multiple forums threads and also Parking Prankster's defence tamplate and recent old dinosaurs' victorious case! However I do have the following questions as this case is slightly different as the driver parked for approx 3 or so minutes to use the cash machine next to Sainsburys, he did not do any shopping in Sainsburys.



The driver saw the 'No customer parking sign' but did not notice or read the other small printed signs. Indeed the driver was not intending to do shopping so he did not consider himself a customer. The driver had some mobility issues and found this spot to have reasonable distance to the cash machine (in receipt of DLA mobility component) - so (question 1) is that something that can be added in this case (driver's/registered keeper's mobility issues)?



Question 2 - what chances of winning is the driver facing as he has thrown away all the correspondence ( but as we moved houses some of the letter never reached us).



Question 3 - should it be stated who was the driver?



Would it be at all possible if anyone could read the statement I am preparing now and give me some feedback within next few days (one or two)?




Thanks in advance, fellow members, me and my partner have been losing sleep over this case and we fear the hearing, nor we have the money to pay the charge if we lost the case.:(

twhitehousescat

tut tut , are there no disabled/blue badge parking areas in that spot!

a valid complaint under equality act


(joking)


link , with a sample defence

hxxp://parking-prankster.blogspot.co.uk/2017/01/gladstones-discontinue-heath-parade-case.html

change hxxp to http

Tilt

As I have questioned in another thread about the exact same location, the bay appears to be part of the public highway (pavement runs between the bay and private wall/boundary) as it's likely to be maintained at public expense. It follows that does the PPC have jurisdiction here (to issue parking charges)?

Grimble

http://parking-prankster.blogspot.gr/2016/12/heath-parade-graham-park-way-scam-site.html

Timothea

Tilt wrote: »

As I have questioned in another thread about the exact same location, the bay appears to be part of the public highway (pavement runs between the bay and private wall/boundary) as it's likely to be maintained at public expense.

I have seen planning maps from the London Borough of Barnet that suggest the bay is private land. However, the PCM UK signage is not obvious or legible, and so cannot form a contract. It does not have advertising consent either, which Barnet is investigating. PCM UK has also not followed its ATA's Code of Practice regarding grace periods.

For all these reasons and others, you have a good chance of defending this claim successfully IF YOU FILE A PROPER LEGAL DEFENCE. If you don't then you will probably lose. If you do file a proper legal defence then you could also counterclaim for breach of the Data Protection Act 1998 (DPA) because PCM UK had no reasonable cause to obtain the registered keeper's personal information. See this thread for further details about DPA breach. And here's an example of a successful counterclaim for DPA breach.

Don't reveal the driver, even indirectly, unless the driver can be identified in the photographs or you intend to rely on the driver's disability to defend the claim.

tati

Thank you everyone for your replies!!

I have submitted a defence statement and counterclaim.

I am in the middle of moving houses and this doesn't let me sleep at night... on top of all the hassles associated with moving

I have now received an email from Gladstones asking to have the case dealt on papers alone.

I have read that I should refuse and attend the court to prove my point but it is my partner who would need to attend and he won't be able to defend himself, I cannot attend and there's no one else to help us with it.

What should I do now, people? Please, I would appreciate your precious advice! Papers alone??

safarmuk

The generally accepted advice is to not let it go to papers.

Also see Gin & Milks recent thread on here - she represented her husband using the "The Lay Representatives (Rights of Audience) Order 1999" and won. See this (broken) link for more details:
hxxp: //parking-prankster.blogspot.co.uk/2017/01/minster-baywatch-you-got-gladstoned.html

tati

Thank you Safarmuk - oh god hearing... Well I can try to prepare.. This sounds daunting and super stressful!

safarmuk

Not necessarily, Gin & Milks "hearing" lasted 5 minutes before the DJ threw the claim out ...

Gladstones hadn't even filed their paperwork which meant their solicitor turned up empty handed ...

Despite all that hilarity, the actual funniest thing was Gladstones paperwork eventually turned up ... the day after the hearing (dated as such as well) ...

HOWEVER: just noticed above that you said your husband can't defend himself AND you cannot attend ... do you mean you can't physically be there or do you mean you didn't think you can represent him?

Coupon-mad

Being Heath Parade, it is very likely they will discontinue (no hearing). Read Stuart Hamilton's thread, he just won his claim where there was a hearing - Judge gave the claimant short shrift on pathetic signage.

Your partner can manage that (just an honest defence)...or you can go with them as a lay rep like Gin and Milk.

tati

OK! I will respond that I do not want the case to be dealt with on papers.

I do hope they might discontinue the case once they receive my reply..

Otherwise we'll go to court, no choice, what a pain they are these parking companies!!