Gladstones uk car park management ltd defence stage.

Redx

firstly , the OP has not indicated if this claim is dated oct 2017 ?

if it is, they should alter the paragraphs relating to the PoC to account for the new oct2017 protocols , as seen in this recent defence

https://forums.moneysavingexpert.com/discussion/5729157

I think their strongest point as KEEPER is POFA2012, which as mentioned earlier is not mentioned at all. if it isnt put in now it cannot be relied on later , so get any and all defence points into this defence

as for the signage , I agree that you cannot reference BPA CoP when its the IPC CoP thats in play , so PROOF READING should have happened too

and that idea about planning permission and advertising consent should also be checked and questioned

and thats just 3 ponts of view from people with no legal training but reasonably good observational skills

if the defence is tweaked in this way , and once this recent post #1 has been read and digested , it may be good to go, but WAIT for other replies if its not due in yet

https://forums.moneysavingexpert.com/discussion/5735738

a lot of it is about the new protocols etc and some ideas may be relevant

auditt

Firstly huge thank you for looking at my case and kind offer to asset me, I am massively grateful to you!

Today Sunday I have been looking into the issues you pointed out and I've been back to the parking site and taken pictures, I now believe that UKCPM LTD have fallen on the following points issues by the IPC Part E Schedule 1 Entrance signs:

Signage: No signage on entrance from the front or side of the building.
No sign making it clear the motorist is entering onto "private Land"
The sign is not illuminated nor does it offer any sufficient lighting needed to form the legal basis of any charge.
No "repeater signs" in fact no signs on the side and entrance to the property.
UKCPM LTD sign says " No parking outside of a designated area or parking bay" There are no designated areas or parking bays on this disused site.
UKCPM LTD sign says" Automatic number plate recognition may be in use" but the signage is not easily visible to inform the driver.
In the defendants case a period of no longer than 5 mins was accrued which is less than the minimum 10 mins required to issue a penalty notice.
"customer parking" signage still shows enticing driver to use parking area, Section 14 Part B of IPC terms and conditions states " You must not use predatory or misleading tactics to lure drivers into incurring parking charges. Such instances will be viewed as a serious instance of non-compliance and will be dealt with under the sanctions system as defined in schedule 2 to the code"
I have added the pictures here which highlight these areas.
Sorry I can't upload the pictures or put a link as I am a new user!!

Hopefully these is enough here to get this charge thrown out!

Many thanks again!

KeithP

This is getting messy.

Auditt, why have you taken over J88rdy's thread?

Umkomaas

@auditt. You shouldn’t be receiving any help on someone else’s thread - it will end with confusion (I think that has already occurred by your jumping in) and forum rules dictate that only one thread per case.

You already have two threads of your own about your case, now you’re taking over someone else’s. This is a mess.

Please PM Board Guides Crabman or soolin and ask them if they can merge your other two threads and lift anything in this thread back to your consolidated one.

auditt

Sorry I was not aware or intending to highjack anyones thread I was just taking up the kind offer of Claxtome who offered to help me!

Just trying to get some help sorry didn't realise I was braking rules.

Redx

Claxtome was offering to help the original poster J88rdy, not yourself

you can follow the same advice but you need to post your post above into your own thread and get help within that thread

ask crabman or soolin by private message to sort out your threads and posts into one thread only , then stick to that thread

if somebody is offering YOU help , they will do it in YOUR thread , not somebody elses thread

J88rdy

Hi claxtome, the problem I have is I haven't kept any correspondence from ukcpm gladstones etc as I thought this would just go away. I know that's stupid but that's how it is .

Also red my issue was October 2017 yes so I'll read over that thread now too. Thanks .

J88rdy

claxtome wrote: »

I will help where I can to make your defence better:

1) You need to make sure your defence is correct. You only have one shot at it. For instance you mention BPA but UKPCM are not members. They are approved members of sister organisation IPC which have a different Code of Practice. Whilst reading the different Code of Practice you may find more breaches in terms of signage.

2) You are defending as Keeper which this forum usually recommends. Another potential argument to run with is the 'Notice to Keeper' doesn't conform to POFA Schedule 4 in terms of wording and when it was sent. From what I have read it appears you got a PCN attached to the windscreen. If so paragraph 8 applies in your case. If not you look at paragraph 9 for a postal PCN.
(I know it is not easy reading but remember a lot of cases win as they are being pursued as keeper but have not confirmed to POFA Schedule 4)

3) You are running with 'No planning permission for signage' which is fine if true. Have you checked on council website? In my case I thought they hadn't so ran with it and included the DPA breach as well.

Hope this helps.

on the sign in the car park I question UKCPM use the BPA logo hence my confusion earlier. is that allowed even though theyre not a member. they also claim membership on their website. I have re worked my defence again but will be submitting it Thursday at the latest as my deadline is 6th nov. do I need to send a copy to gladstones or is that done by the courts cheers.

Umkomaas

on the sign in the car park I question UKCPM use the BPA logo

Is the logo enclosed within a roundel, or is it just oblong in nature?

Coupon-mad

How can we stop anyone ever asking that yet again?

https://forums.moneysavingexpert.com/discussion/5647776

I have re worked my defence again but will be submitting it Thursday at the latest as my deadline is 6th nov. do I need to send a copy to gladstones or is that done by the courts cheers.

That's already explained in the NEWBIES thread post #2 by bargepole in his linked post.