UKCPM - All appeals must be done by postal?

iWindmill

Le_Kirk wrote: »

If it was only the e-mail that was addressed incorrectly and the LOC was addressed to you correctly (and one therefore assumes any court papers would be, if it went that far) then I think, as tempting as it is to send C-m's rejoinder, it looks like a typo. On second thoughts, what have you got to lose?

Thanks for your opinion - I might as well send that response since, like you said, I have nothing to lose!

What is the next stage here by the way? Should I wait for official court papers?

iWindmill

Hello everyone,

I've received a response from Gladstones regarding their error in addressing me:

"Dear Mr XXXX,

We apologise for the admin error and we have reported this concern to our Data Protection Officer, who will internally review this.

The response sent on the 28/08/2019 was in relation to your case, therefore the sum of £160 remains outstanding within 30 days from the date of this email. In the event that neither a substantive response nor payment is made within this time-frame our Client may elect to issue legal proceedings without further notice."

I've spoken to my ex partner who resides at the building where I parked overnight, and as it turns out the permit she has is only for residents of the building. I am not a resident but was in a relationship with ex partner, and was visiting for the night. So the plan for me being the sole user of the permit since ex partner does not own a car isn't a good defence.



So I reviewed the case and pictures and I should highlight that I arrived at the car park late at night, roughly 11pm-12am and it was dark. No lights shining on any of the signs either. Interestingly enough, recently all of the signs have been taken down and replaced with a newer signs - I don't know the reason behind this but I assume someone fought a case and won?

Photo of my car in dark with nearest sign visible:
https://imgur.com/L55ipYD

Photo of close up sign by UKCPM:
https://imgur.com/L55ipYD

Picture of updated sign:
https://imgur.com/axlif9N

I'll be honest with you, I am genuinely upset and terrified. The level of anxiety I have been feeling because of this is ridiculously high to the point where it is seriously unhealthy for my mental health. I am 85% convinced I should just lose this battle and pay the fine. I genuinely don't know what to do and I'd like some advice or some insight on how hard things will become from here on? I feel like I won't win this battle if I go to court and it will have an impact on my records (any records about me in general, not a specific)

waamo

How do they arrive at £160? Wasn't the ticket £100?

iWindmill

waamo wrote: »

How do they arrive at £160? Wasn't the ticket £100?

Their response was:

As the contractual sign states, you are liable to pay £100.00. However, our Client’s accredited trade association is the International Parking Community (IPC) require our client to offer 40% discount within the first 14 days, if payment is not made, it will then exceed to £100. With reference to the IPCs code of Practice, page 33;

“Parking charges must not exceed £100 unless agreed in advance with the IPC. Where there is a prospect of additional charges, reference should be made to this where appropriate on the signage and/or other documentation.

Where a Parking Charge becomes overdue a reasonable sum may be added. This sum must not exceed £60 (inclusive of VAT where applicable) unless Court Proceedings have been initiated.”

This provides you a breakdown of the full £160.00.

Doesn't really explain why to be honest!

waamo

You need to have a read of this https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

iWindmill

Thanks waamo - I see this still requires going to court though and that terrifies me. I've not been coping well because of my anxiety and every inch of my body is urging me to pay and escape.

Ralph-y

I hope this might help


Have a look at this short video:

https://www.youtube.com/watch?v=n93eoaxhzpU




Ralph:cool:

KeithP

iWindmill wrote: »

I see this still requires going to court though and that terrifies me.

Perfectly understandable.

Have a look at this short video:

www.youtube.com/watch?v=n93eoaxhzpU

waamo

iWindmill wrote: »

Thanks waamo - I see this still requires going to court though and that terrifies me. I've not been coping well because of my anxiety and every inch of my body is urging me to pay and escape.

If you look at the first two links in that thread you will see they didn't go to court. The abuse of process was pointed out to the judges who promptly threw out the claims. No hearing just a straightforward throw them out.

iWindmill

Ralph-y and KeithP - thank you both so much. This does help a lot.

I actually pictured the procedure to be held at an actual court!

I guess I will fight through my anxiety and wait until I have been served with official court papers. I have yet to hear from UKCPM regarding my SAR - I hope they come back before the court paper have been served.