UKCPM, DRP, GLADSTONE - How good is my case.

FinesAreBad

Hello everyone,

I have to decide if I should save myself the headache and just pay or stay calm and go to court. I will try to be succinct and to the point.

Background (In a nutshell)

1. I got a PCN from UKCPM for parking outside of a bay, I only learned about it when DRP sent me the first letter to try and claim £160 pounds.

2. I followed advice on the forum and I treated the first letter from DRP as if it was a NTK. I wrote back to DRP as the registered keeper.

3. In my response to DRP I requested a copy of all the evidence they have and any correspondence UKCPM has sent to me.

4. I received a response with all evidence, (photos of my car and what looks like screenshots of a letter that was sent to my old address)

5. I've ignored all letters from DRP and have now received my first letter from Gladstones, so I thought I start reading up on what I have to do when/if they call me to court.

What I think of the case

The PCN is about me parking outside a bay, which is true. I went back to the place to check the sign and the sign does state that

"You must park wholly within a marked bay. No parking on roadways / yellow lines / paved / hatched or landscaped areas"

However I do not agree with the fact that they want me to pay 160 pounds for parking for a night visiting my friends and whilst displaying a valid permit. The reason the car was parked outside the bay is because all the visitor spaces were full. I can understand if this was a supermarket car park where I can obstruct customers and cause the business to loose money. But this is a free, private, residential car park. I do believe they are operating a lousy scam as my friends got a PCN whilst their car was parked in their own bay with a valid permit. They have appealed since and have not even received an acknowledgement.

I got married in mid April, moved out the week before. Came back from my honeymoon in May. We were still looking for a place so we crashed with some friends. We moved into our new place on the 10th of May. I sent a letter to DVLA to update my address on the 14th of May. In the evidence from UKCPM the date of issue is the 17th of May. I am guessing my address was not updated fast enough. This is why I have missed all the correspondence, etc.

Today I requested all if my information from the DVLA so I can have the evidence on hand if needed.

Another thing is that in the photos of my car, there is no PCN attached to my car. You can see the sign in the background but no photos of the sign at the time were taken. I received the evidence and a letter from DRP together on the 17th of September. The letter gave me a deadline to pay by the 6th of September...

I don't have high hopes to be able to null the claim completely, but I am hoping that I can argue I never got the chance to settle this normally and just pay the 60 quid and be done with it.

Any constructive criticism is welcome.

Kind regards,
FinesAreBad

beamerguy

You must edit your post changing "I" to the keeper
DO IT NOW and delete all comments that it is was your fault.

The PPC's read this forum

FinesAreBad

Hi beamerguy,

I've done as suggested. Yes I was the registered keeper (the car was scraped since), I've updated my second point in the Background section to make this clear.

Coupon-mad

I received a response with all evidence, (photos of my car and what looks like screenshots of a letter that was sent to my old address)

I've ignored all letters from DRP and have now received my first letter from Gladstones, so I thought I start reading up on what I have to do when/if they call me to court.

Even if they are now using the right address, you need to contact UKCPM's Data Protection Officer by email, urgently (see their Privacy page for that email addy) and:

- request a SAR (see the NEWBIES thread about LBC stage)
- confirm your CORRECT address for service of court papers (yes, even if they are now using it)
- give them an erasure notice about the old address, to avoid them sneaking a court claim there.

Yes you have a case.

Read bargepole's thread from this week about a typical win v UKCPM at a residential site with similar signs, similar parking issue.

NO LINK. IT WAS REPLIED ON THE OTHER DAY AND HAS 'UKCPM' AND Guildford in the thread title. Loads more like it very week, more or less, on this forum!

We see wins reported 99% of the time (another one this morning just coming in!).

The_Deep

I have to decide if I should save myself the headache and just pay or stay calm and go to court

Read some of these and then decide.

https://www.bing.com/search?q=youve+been+gladstoned&form=EDNTHT&mkt=en-gb&httpsmsn=1&refig=26bfac307d6e4613d1e6e0fe391475f5&PC=ACTS&sp=1&qs=HS&pq=youve+&sc=8-6&cvid=26bfac307d6e4613d1e6e0fe391475f5&cc=GB&setlang=en-GB

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. It has even been suggested that some of these companies have links with organised crime.

Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business in the not too distant future.

https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting

FinesAreBad

Coupon-mad, thanks for the advice I have done as suggested.

The Deep, thanks for the reminder. I've seen these before but now I picked on some things I can use as well.

I will reply back to this thread with more information once there is any further development. Thank you both.

Kind regards,
FinesAreBad

FinesAreBad

Update
I got all the information I requested through the SAR and I also got a confirmation that they have removed the old address from their system. They politely suggested I may want to issue SARs to Gladstones and DRP also to see what data they hold me as well.

After careful consideration of the whole situation I have decided that I would rather just pay and have the matter settled. I will negotiate with them to have the PCN re-issued, but I also want to make it clear that they cannot charge me more than 100 pounds as I am the registered keeper of the car.

Can you provide me with any advice on how to go about this in a civil way, please?

Kind regards,
FinesAreBad

KeithP

FinesAreBad wrote: »

After careful consideration of the whole situation I have decided that I would rather just pay and have the matter settled. I will negotiate with them to have the PCN re-issued, but I also want to make it clear that they cannot charge me more than 100 pounds as I am the registered keeper of the car.

They won't accept that offer.

They will also see you as 'worth pursuing' as you are looking for a way out.

Other opinions are available.

fisherjim

FinesAreBad wrote: »

Update
I got all the information I requested through the SAR and I also got a confirmation that they have removed the old address from their system. They politely suggested I may want to issue SARs to Gladstones and DRP also to see what data they hold me as well.

After careful consideration of the whole situation I have decided that I would rather just pay and have the matter settled. I will negotiate with them to have the PCN re-issued, but I also want to make it clear that they cannot charge me more than 100 pounds as I am the registered keeper of the car.

Can you provide me with any advice on how to go about this in a civil way, please?

Kind regards,
FinesAreBad

Not a chance!


They have given it to DRP and they have a contract to let them collect the £100 plus their £60 on top they won't "negotiate" with you.

As Keith says they will also think they have a sucker to screw here as you are folding.
"Civil" is not a word any of the scammers understand, indeed it's another clue that you will be an easy touch.

FinesAreBad

KetihP, fisherjim, thanks for the replies.

I was going to write to them with the intention to settle the matter, but the more I read about these 3 companies and the SCAM circle they are running the more angry I get. This was rekindled when I found out I was issued a default judgement as well and that most likely DRP and Gladstones were involved in it as well. (I found out when I went to the bank to apply for a mortgage)

I realise that this has to stop, because they are ruining peoples life. I will complain to my MP and I will also contact Sir Greg Knight to make him aware of the flaws in the Civil Court system as well.

Apparently the Civil Court is not obliged to confirm your details and address when they issue you a CCJ. Really?! They are not obliged to know whose life they are about to make miserable?

Anyway, continuing to deal with the current case I haven't emailed Gladstones yet. Should I? What should I tell them? I have received all the information from my SAR and from the pictures you can see there is NO PCN attached to my car, you can only see the parking permit, there is no picture of the alleged contract, they haven't sent any NTK out at all. They have sent out 2 letters one labelled as PCN and one labelled as Formal Demand

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Edit:
I have complained to my MP as well as Sir Greg Knight.

FinesAreBad

bump. please help