Parking Charge Notice - UK Car Park Management (UK CPM) - double yellows private road.

Johnersh

The UK Cpm sign is fatal to them. 
1. It is a prohibition not an offer of parking
2. The sign refers to cctv enforcement of a car park. The vehicle was not in a car park
3. Factually the driver was waiting not parking
4. The roadway was marked with double yellows similar to a public highway. Those rules permit waiting in certain circumstances and require a driver to slight to read the signs. Under the terms of the ukcpm sign such a driver is immediately in breach and issued a pcn as a result of the camera. The road markings *induce* waiting. If they wanted to prevent all stopping, they should be double red. 
5. Similar to the above. You in fact have to park to read the sign. 
6. The charge is for a breach of terms - it is not a contractual fee you agree to pay in the alternative, so don't let the defendant assert that it is. 

665321

Update - 11/02/2021
Letter before Claim from Gladstones Solicitors received almost a year after the event.

Thanks Coupon-mad & others for the very useful FAQ, The RK has been reading that and know that the next steps are to Request a SAR from UK CPM and also to email Gladstones advising them their client has been sent a SAR and so require a restriction of data processing and the case should be put 'on hold'.

Ultimately understand this won't make a difference to anything but if it wastes some of their time that's always a good thing.

On a separate note, when it does eventually go to court, does anyone know if they are doing them online nowadays?  In a way RK would rather it be in court so the Gladstones shysters have to send someone down from Liverpool all the way to the South East

Any other pointers appreciated, and RK thanks you for your help and advice in advance.

Also if anyone has read the original incident and thinks that RK would actually lose when in court then please say so.

Umkomaas

Thanks Mr Coupon & others for the very useful FAQ, 

Mrs Coupon!

In a way I would rather it be in court so the Gladstones shysters have to send someone down from Liverpool all the way to the South East 

They will engage a cheap local gun-for-hire self employed, seeking experience, young, possibly sharp-minded, legally qualified lawyer. He/she won't have far to travel.  And it certainly won't be from Liverpool. 

my next steps are to Request a SAR from UK CPM and that I should also email Gladstones advising them I sent their client a SAR and so require a restriction of
data processing and the case should be put 'on hold'.

You need to tell them that you are seeking 'debt advice', if you don't they will just plough on.  There is no requirement on them to put anything on hold while you wait for a SAR response.

Ultimately I understand this won't make a difference to anything but if it wastes some of their time that's always a good thing.

Really?

Just so you know, UKCPM are the country's most litigious PPC, don't underestimate them!

665321

Oops I have edited my post - apologies for misgendering.
Yes I had heard UKCPM are highly litigous hence why I expect it will go to court.

Coupon-mad

All civil claim parking cases are heard remotely at the moment and for the foreseeable future.

nosferatu1001

Given the huge backlog, I expect remote hearings will continue indefinitely
As for you losing? It can happen, no matter the strength of your case. You know this. Its called litigation risk, or Judge Bingo

D_P_Dance

Have you complained to your MP?   Most of these CCCs for piddling amounts are a waste of court time imo.  Read this,

https://en.wikipedia.org/wiki/De_minimis#:~:text=De minimis is a Latin,refuses to consider trifling matters.

665321

D_P_Dance said:

Have you complained to your MP?   Most of these CCCs for piddling amounts are a waste of court time imo.  Read this,

https://en.wikipedia.org/wiki/De_minimis#:~:text=De minimis is a Latin,refuses to consider trifling matters.

I agree with you that it is a waste of valuable court time.
The RK's transgression is not in the same vein as the majority on here which seem to be when the PPC fine them for parking in their own space therefore I suspect sympathy would not be forthcoming.

D_P_Dance

Nobody fines anybody in a residential car park.  

Coupon-mad

There is no transgression in stopping for a few minutes on a double yellow.  Those lines do not mean 'no parking'.