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PCN from UKCPM

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Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Your WS does not repeat the legal arguments you made in your defnece.
    It lays out facts
    You also introduce your evidence using the format INITIALS/001 (etc) - a photo showing....
  • Matthays
    Matthays Posts: 43 Forumite
    Part of the Furniture 10 Posts
    Your WS does not repeat the legal arguments you made in your defnece.
    It lays out facts
    You also introduce your evidence using the format INITIALS/001 (etc) - a photo showing....
    This is where I'm failing I think.    I don't have ANY evidence? - I'm basing all this on the fact it's a scam and trying to get it thrown out due to Abuse of process ( I think??) 
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 25 June 2020 at 1:09PM
    This is where I'm failing I think.    I don't have ANY evidence? - I'm basing all this on the fact it's a scam and trying to get it thrown out due to Abuse of process. 

    You may need a bit more than that, what about contract, timeliness of documentation, compliance with POFA, , signage, LA consents?    Did you complain to your MP?  
    You never know how far you can go until you go too far.
  • Le_Kirk
    Le_Kirk Posts: 25,006 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    D_P_Dance said:
    Mathays said: This is where I'm failing I think.    I don't have ANY evidence? - I'm basing all this on the fact it's a scam and trying to get it thrown out due to Abuse of process. 
    You may need a bit more than that, what about contract, timeliness, signage,, LA consents?  
    ................ I paid, I have a permit, it's where I live etc.
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 25 June 2020 at 1:19PM
     I have a permit, it's where I live

    Are 
     you now saying, after nearly 50 posts, that this was a residential car park?  If so read this

    http://parking-prankster.blogspot.com/2016/11/residential-parking.htmlantsot


    What does your lease/AST say about parking? Does it mention the need to display a permit? then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.


    You never know how far you can go until you go too far.
  • Matthays
    Matthays Posts: 43 Forumite
    Part of the Furniture 10 Posts
    Le_Kirk said:
    D_P_Dance said:
    Mathays said: This is where I'm failing I think.    I don't have ANY evidence? - I'm basing all this on the fact it's a scam and trying to get it thrown out due to Abuse of process. 
    You may need a bit more than that, what about contract, timeliness, signage,, LA consents?  
    ................ I paid, I have a permit, it's where I live etc.
    I didn't pay, I don't have a permit, It's not where i live :cold_sweat:

    This is, of course, my own fault for not looking on here much earlier on in the process. Everything they sent through would suggest, as per one of my earlier posts, that they have me bang to rights.   They even took a picture of my car clearly parked under a large sign giving all the penalty details.  I genuinely wasn't paying enough attention to it.  In my defence I said the area is poorly lit and I didn't notice any signage.  I've just looked back at their evidence and, unless they have a lighting rig set up, most people would say the lighting is adequate and reasonable.   
    The issue I see is that the burden of proof is balance of probabilities.  Based on that I'm pretty screwed I reckon :( 
  • Matthays
    Matthays Posts: 43 Forumite
    Part of the Furniture 10 Posts
    D_P_Dance said:
     I have a permit, it's where I live

    Are  you now saying, after nearly 50 posts, that this was a residential car park?  If so read this

    http://parking-prankster.blogspot.com/2016/11/residential-parking.htmlantsot


    What does your lease/AST say about parking? Does it mention the need to display a permit? then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.


    I didn't say it's a residential car park ?  as far as I am aware it's a private business car park in a town centre ??
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Now I am totally confused, I think I will pass.  
    You never know how far you can go until you go too far.
  • Matthays
    Matthays Posts: 43 Forumite
    Part of the Furniture 10 Posts
    D_P_Dance said:
    Now I am totally confused, I think I will pass.  
    Hahah, i think it's because someone else posted those as possible answers. 

    I parked in a private car park between high street shops one evening without realising.   UKPCM then did their thing....
  • Le_Kirk
    Le_Kirk Posts: 25,006 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Matthays said:
    D_P_Dance said:
     I have a permit, it's where I live
    Are  you now saying, after nearly 50 posts, that this was a residential car park?  If so read this

    http://parking-prankster.blogspot.com/2016/11/residential-parking.htmlantsot

    What does your lease/AST say about parking? Does it mention the need to display a permit? then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.

    I didn't say it's a residential car park ?  as far as I am aware it's a private business car park in a town centre ??
    D_P_Dance said:
    Now I am totally confused, I think I will pass.  
    I asked the OP what his reasons were and gave some examples, you seem to have picked up on one of those and treated it as if it were fact!
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