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Help! PCN from UK CPM for parking outside a designated bay

13

Comments

  • Fruitcake
    Fruitcake Posts: 59,469 Forumite
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    Sam007 wrote: »
    Just come home to another letter from their Debt recovery company Trace giving final notice and threatening with more charges If we don't pay within 7 days. They're now saying the next action will be to pass it to their legal team.

    The amount of grief and stress these scammers cause is tremendous. I hope all this won't be in vain if we end up in court.

    Where can I get help preparing a county court defence? What do we need to include in our defence, and are there any templates from other cases similar to this that we could use?

    Debt collectors have no powers except the ability to send you poor quality bog paper, so they can safely be ignored.

    As for court, KeithP has pointed you in the right direction there.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Coupon-mad
    Coupon-mad Posts: 153,923 Forumite
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    Hope you've read the NEWBIES thread by now and calmed down about your imaginary 'huge costs' that people always think are risked. Nothing is risked by defending a claim, not even a CCJ, and defending saves you money.
    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
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    These 2 photos, if I read them correctly, show the newly repainted end bay where your car was parked when it was claimed you were outside a bay.

    Your defence will then major on the fact that it was a genuine bay you were parked in but that the lines had faded and that can not be your fault. The bay was always a designated parking bay but bad parking management had allowed the lines in the park to fade.
  • Sam007
    Sam007 Posts: 13 Forumite
    I have read through the Newbies board before I opened this thread and it's all useful information. I just couldn't find a case with a defence for a similar case that I could possibly borrow and adapt. In terms of the CCJ, I am definitely more reassured, and I have decided to ignore their demands for payment and wait for court if they decide to go this route.
  • Coupon-mad
    Coupon-mad Posts: 153,923 Forumite
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    In the meantime, collect any newspaper articles that mention this scam:
    When I spoke to the shop keepers they said that that bay was only turned into a bay 2 days after the ticket was issued.

    My point is that they've sent the ticket purely because their bay was not marked properly, and they want me to pay for that.

    Shopkeepers also complained that they are losing business because of them, and that although CPM still operate on the site, they have stopped using the cameras. The only issue is that non of the shopkeepers are willing to go beyond this and help me with a statement etc.
    Or here's a suggestion, complain to the local paper and see if they will publish an article and talk to the shopkeepers - that will then give you a useful resource as evidence, if the shopkeepers (even anonymously) confirm to the paper, what they told you!
    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
  • Sam007
    Sam007 Posts: 13 Forumite
    Hi Guys, just an update that I have now received a letter before claim from Gladstone. I am really not sure how to act now. I really need some help and would appreciate any suggestions. Thank you.
  • Umkomaas
    Umkomaas Posts: 43,562 Forumite
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    Sam007 wrote: »
    Hi Guys, just an update that I have now received a letter before claim from Gladstone. I am really not sure how to act now. I really need some help and would appreciate any suggestions. Thank you.

    The NEWBIES FAQ sticky, post #2 takes you right through from the Letter of/Before Claim (where you are now) to any court hearing that might take place. Written by legally qualified posters and those with experience of court issues, you really can't get better anywhere.

    I thought that advice might have already been given to you. Oh, wait ......
    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
  • KeithP
    KeithP Posts: 41,296 Forumite
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    Umkomaas, I would've just said - re-read post #21 above. ;)

    If the OP has been reading that since February, I am surprised there are any questions left.
  • Coupon-mad
    Coupon-mad Posts: 153,923 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The NEWBIES thread deals with LBC stage so what questions are left?

    Did you do this to build the evidence you need for the inevitable court claim that you should have been expecting and preparing evidence for?
    In the meantime, collect any newspaper articles that mention this scam:
    Quote:
    When I spoke to the shop keepers they said that that bay was only turned into a bay 2 days after the ticket was issued.

    My point is that they've sent the ticket purely because their bay was not marked properly, and they want me to pay for that.

    Shopkeepers also complained that they are losing business because of them, and that although CPM still operate on the site, they have stopped using the cameras. The only issue is that non of the shopkeepers are willing to go beyond this and help me with a statement etc.
    Or here's a suggestion, complain to the local paper and see if they will publish an article and talk to the shopkeepers - that will then give you a useful resource as evidence, if the shopkeepers (even anonymously) confirm to the paper, what they told you!

    This was never going away, it will need defending so build up some written evidence while you can, while you await your SAR (see NEWBIES thread post #2).
    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
  • Sam007
    Sam007 Posts: 13 Forumite
    I think I'm just going to pay it. I already submitted SAR request in January to UKCPM before I started this thread. All I got was the same photographs they sent me and a record of a few phone calls made to them. I read the Newbies thread, but couldn't find a similar case to mine, and sure what defence to use other than the fact that where the car was parked was in fact a bay when they say it isn't. It seems too risky to just go to court or suddenly receive an even heftier fine.
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