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PCM tickets and money claim

Hi Guys,

I just found out about this forum from a friend. I have been issued 7 tickets from PCM and responded, didn't ignore, responded to the solicitors and then they forwarded it to the small money claim. It is worth £850. I made a defence before I read the topics in this forum. I made the appeal as well at the beginning cause i thought they will understand. Since there were no signs next to the post i parked at and no bay, in addition we are allowed to park in these areas, finally i was away and when i checked my mail, i found all the tickets at once. I am aware now how weak my defence is but i was writing it genuinely. My defence was the following and ill also add the last email response from the solictors.
If you can please advise me with the best action to take next.
My defence to the small court:
On this date: (26/04/2017), I made an appeal which was
unsuccessful.
The parking fine notices from PCM (PM10903583, PM10903765,
PM10904054,PM10904564) were incorrectly served.
There was no signage on the post I was parked next to.
I was continuously parked from the 14/04/2017 until 21/04/2017 but
I was only charged for these days (14TH,15TH,17TH,19TH of April
2017). I only saw the fine letters on the 21st when I checked my
mailbox.
This further leads me to believe that the notices were arbitrarily
served.
I have attached a letter received from the building management
(GenesisI indicating Sainsbury’s controlled and PCM controlled
parking areas and sent it to the attorneys filing the claim.
I have indicated on this map where I was parked on the dates I
received the tickets.
As I indicated on the map, I am parked on the black outline,
outside of a PCM controlled area.
There is an understanding between Genisis and the residents of my
building that we can park on the white areas (not marked red or
green) on the map.
I have habitually parked in the white areas on the map without
receiving fines.

Furthermore, additional costs have been added to the original
charges by the debt collectors and I have been responding and
mentioned to be directly taken to court for justice.

Since it is a big company, they are bullying me either to pay a
fine that is incorrectly served or else, I don't have the means to
hire a lawyer or pay the amount they are requesting, I tried to
negotiate in my first appeal and mentioned my financial situation
as this lawsuit is affecting my life and my studies.

I appeal for justice not only for me but for those who are being
bullied by big corporates and those who are affected by these
actions in their lives, I am a student and was using the car to
commute to work to save money on transportation, the amount
requested for a misunderstanding is too much and PCM didn't make
it clear that we are not to park in this specific area as
mentioned above. I follow the rules and very responsible not to
break the law.
I am a PhD student and I work part-time in Name of
University for £573 a month which exactly meets my food and
utility needs. I am able to offer £100 to settle from the money I
saved over the past few months.
I have the evidence to support my claim when requested.

Yours sincerely,
Name.

The final solictors response
We act for the Claimant and have notified the Court of our Client’s intention to proceed with the claim.

Please find attached a copy of our Client’s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing

This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate.

You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward.


Yours sincerely
«1

Comments

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As I indicated on the map, I am parked on the black outline, outside of a PCM controlled area.
    That's not a weak defence. Seems not too bad at all, except for the offer to pay £100 at the end (forget that!).

    Did you say you were 'defending/disputing the claim in full'? Hope so.

    Stick around, read post #2 of the NEWBIES thread and be ready for your own N180 form (not the one G's sent you). You will NOT be accepting the case being heard on the papers, nor agreeing to mediation. The NEWBIES thread explains each stage.

    You've received the expected letter from Gladstones that everyone gets. Search the forum, or Google 'Gladstones straightforward papers parking' (or similar) to find this covered hundreds of times, with examples of how to reply to the court and to G's.
    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
  • Coupon-mad wrote: »
    That's not a weak defence. Seems not too bad at all, except for the offer to pay £100 at the end (forget that!).

    Did you say you were 'defending/disputing the claim in full'? Hope so.

    Stick around, read post #2 of the NEWBIES thread and be ready for your own N180 form (not the one G's sent you). You will NOT be accepting the case being heard on the papers, nor agreeing to mediation. The NEWBIES thread explains each stage.

    You've received the expected letter from Gladstones that everyone gets. Search the forum, or Google 'Gladstones straightforward papers parking' (or similar) to find this covered hundreds of times, with examples of how to reply to the court and to G's.

    Thank you very much for your reply.
    Yes for the intention:I intend to defend all of this claim.

    I will look up the forum now.
    I mean they have been giving me headache and I have alot on my plate now, adding to that some big personal issues that im dealing with atm and so if they would take the £100 and let me be, at this stage I don't mind!
  • System
    System Posts: 178,376 Community Admin
    10,000 Posts Photogenic Name Dropper
    Location? GW Quarter?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Location? GW Quarter?

    Location: London, Colindale, Behind my building. No idea what do you mean by GW Quarter.
  • These are the main 3 images for evidence, I am the yellow car in the last picture. Notice, parked next to the post with no sign, no bay, added the picture with the pay and the sign and finally, the paper we have been sent on where to park and an x mark on where i parked. Note: We are allowed to park in that bit next to the red square on the right side.
    ng3kfm
    buf96R
    jPh0D6
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ibb.co/ng3kfm

    ibb.co/buf96R

    ibb.co/jPh0D6
    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
  • System
    System Posts: 178,376 Community Admin
    10,000 Posts Photogenic Name Dropper
    There is an understanding between Genisis and the residents of my building that we can park on the white areas

    What is the format of this understanding. Written, verbal or instructions given out by a third party ... or just an "understanding"
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 21 October 2017 at 9:34AM
    http://ibb.co/ng3kfm

    http://ibb.co/buf96R

    http://ibb.co/jPh0D6

    Is this Gladstones ? cannot see where you say that

    "You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing "

    100% NO
    ... This must be heard in front of a judge

    "This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate."

    This is the solicitor attempting to scare you into thinking, it
    will be easy for them.
    In reality, they must convince a judge they are right and frankly
    with the sheer incompetence we see from this solicitor on a regular
    basis, it is NOT a done deal for them and by offering it is heard
    on papers suggests they actually do not want to meet the judge
  • beamerguy wrote: »



    Is this Gladstones ? cannot see where you say that

    "You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing "

    100% NO
    ... This must be heard in front of a judge

    "This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate."

    This is the solicitor attempting to scare you into thinking, it
    will be easy for them.
    In reality, they must convince a judge they are right and frankly
    with the sheer incompetence we see from this solicitor on a regular
    basis, it is NOT a done deal for them and by offering it is heard
    on papers suggests they actually do not want to meet the judge

    Oh ya its Gladstones, from looking into the forum articles (Newbies section), I need to fill my own N180 form requesting a hearing.
    Do I send it directly to the court or the solicitors, also i have since moved to a new address, can i add the new address in the form?
  • Umkomaas
    Umkomaas Posts: 43,832 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What to do and who to send it to is detailed in the NEWBIES FAQ sticky, post #2. That part of the sticky must become your go-to resource for any similar query as your case progresses.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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