Gladstones LBC

System

The cameras obviously didn't take the first exit & second entry pictures. I sent a letter on 10/7/2017 explaining this and refusing to pay.

What you are describing is "double dip" a well known flaw in ANPR systems that UKCPM are attempting to take advantage of. Refer them to your earlier letter and tell them you are putting them on notice of adverse costs should they continue to a claim. Send a copy of the letter. Get proof of posting

A claim knowing they are exploiting a known flaw is also a predatory tactic in breach of their Code of Practice. Also worth adverse costs.

TKP87

Thank you. So i just send them a copy of my first letter & add a paragraph saying ' I am putting you on notice of adverse costs should you continue to claim' ? This is all way above my head and I've literally got a few days to scrape a reply together. I would normally be al over this but my daughters health problems consume 99% of my time. Thank you so much for your help

TKP87

would anybody be able to draft me a reply to the letter before claim? i desperately need to get something in the post ASAP and I want to make sure its right as I don't understand any of this. All I know is what they are claiming happened didn't happen. Ive already told them all this and they are still sending me LBC's

TKP87

what does it mean to put them on notice of adverse costs please? is that all i need to state?

TKP87

my reply so far - is this enough or do i need to include other things? thanks in advance

18 October 2018

Dear Sir’s,
I am in receipt of your letter before claim dated 27th September 2017 - Reference xxx. I would like to refer you back to my original reply to the parking charge notice (copy attached). In this letter I explained that there were 2 separate visits to the car park during the afternoon/evening period as well as the morning visit.
The vehicle is a victim of ‘double dipping’ - a known floor in the ANPR system. The ANPR system only recorded the first entry and second exit. The first entry to the car park at 15.53 on 19/6/2017 was followed by an exit shortly after - up to half an hour later. The second entry to the car park was around 10-15 minutes prior to the second exit of 22.21 on 19/6/2017.
I am putting you on notice of adverse costs if you continue to claim. Exploiting a known floor in the ANPR system goes against your code of practice, also worth adverse costs.
Yours Sincerely,

and a copy of my original letter to UK Car park management ltd

You issued me with a parking ticket on 19th June 2017 but I believe it was unfairly / unlawfully / illegally issued. I decline your invitation to name the driver, which is not required of me as the keeper of the vehicle. I will not be paying your demand for payment for the following reasons:
The alleged contravention did not occur
Quite simply, the parking cameras/operator got it wrong and the vehicle was not parked inappropriately at the time the ticket was issued. This is due to the fact the vehicle entered and used the car park on 2 separate occasions on the same day - not 1 long visit as claimed. The period claimed to be parked in the car park was actually spent at medway hospital with a very sick premature baby. The first visit was to purchase sterilising tablets for the babies bottles, the 2nd visit was to buy dinner after leaving the hospital. I have credit card statements that show both transactions if you need to see it. Therefore the claim is wrong, the vehicle absolutely was not parked there for 6 hours & 27 minutes as claimed. Please go back and check your cameras for that day & you will find the claim you are making is completely untrue.
The vehicle was not parked on the land in question
You issued a ticket for supposedly breaking your parking restrictions yet the vehicle was actually parked at medway hospital - miles away from this car park meaning you had no authority to issue a ticket.
Mitigating circumstances
I live a stones throw from this car park. The shop (coop) attached to the car park is our local shop - we frequently use this car park so we can use the shop. Google maps will show you how close we are. The ship & trades pub has also said had it not got to the debt recovery point then they would have happily cancelled the ticket.
The charge is disproportionate and not a genuine pre-estimate of loss
The amount you have charged is not based upon any genuine pre-estimate of loss to your company or the landowner.
In my case, the £160 charge you are asking for far exceeds the cost to the landowner. I therefore feel the amount you are asking for is excessive.


I do hope this is the end of the matter & expect not to hear from you again. If you do choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter. I will also start legal proceedings against yourselves for harassment & aggravation as the debt recovery letters you are sending are causing even more stress & upset at an already very difficult time.

Regards,

TKP87

can someone give my reply a read and confirm its good to go for me please? i need to post something tomorrow.

Le_Kirk

You quote the letter before claim as September 2017, is that correct? The FLAW you want is FLAW not FLOOR! You've used it twice.

TKP87

Thanks LE Kirk - sorry for the late response, spent most of the weekend in hospital. The claim was 2018 - thanks for spotting that and the spelling mistake. Apart from that does it seem a good enough response to send them? Thanks

TKP87

Better?

18 October 2018

Dear Sir’s,
I am in receipt of your letter before claim dated 27th September 2018 - Reference xxx. I would like to refer you back to my original reply to the parking charge notice (copy attached). In this letter I explained that there were 2 separate visits to the car park during the afternoon/evening period as well as the morning visit.
The vehicle is a victim of ‘double dipping’ - a known flaw in the ANPR system. The ANPR system only recorded the first entry and second exit. The first entry to the car park at 15.53 on 19/6/2017 was followed by an exit shortly after - up to half an hour later. The second entry to the car park was around 10-15 minutes prior to the second exit of 22.21 on 19/6/2017.
I am putting you on notice of adverse costs if you continue to claim. Exploiting a known flaw in the ANPR system goes against your code of practice, also worth adverse costs.
Yours Sincerely,

and a copy of my original letter to UK Car park management ltd

You issued me with a parking ticket on 19th June 2017 but I believe it was unfairly / unlawfully / illegally issued. I decline your invitation to name the driver, which is not required of me as the keeper of the vehicle. I will not be paying your demand for payment for the following reasons:
The alleged contravention did not occur
Quite simply, the parking cameras/operator got it wrong and the vehicle was not parked inappropriately at the time the ticket was issued. This is due to the fact the vehicle entered and used the car park on 2 separate occasions on the same day - not 1 long visit as claimed. The period claimed to be parked in the car park was actually spent at medway hospital with a very sick premature baby. The first visit was to purchase sterilising tablets for the babies bottles, the 2nd visit was to buy dinner after leaving the hospital. I have credit card statements that show both transactions if you need to see it. Therefore the claim is wrong, the vehicle absolutely was not parked there for 6 hours & 27 minutes as claimed. Please go back and check your cameras for that day & you will find the claim you are making is completely untrue.
The vehicle was not parked on the land in question
You issued a ticket for supposedly breaking your parking restrictions yet the vehicle was actually parked at medway hospital - miles away from this car park meaning you had no authority to issue a ticket.
Mitigating circumstances
I live a stones throw from this car park. The shop (coop) attached to the car park is our local shop - we frequently use this car park so we can use the shop. Google maps will show you how close we are. The ship & trades pub has also said had it not got to the debt recovery point then they would have happily cancelled the ticket.
The charge is disproportionate and not a genuine pre-estimate of loss
The amount you have charged is not based upon any genuine pre-estimate of loss to your company or the landowner.
In my case, the £160 charge you are asking for far exceeds the cost to the landowner. I therefore feel the amount you are asking for is excessive.


I do hope this is the end of the matter & expect not to hear from you again. If you do choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter. I will also start legal proceedings against yourselves for harassment & aggravation as the debt recovery letters you are sending are causing even more stress & upset at an already very difficult time.

Regards,

TKP87

i don't understand what putting them on notice of adverse costs means?! Ive googled but still don't understand