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Gladstone brooks letter before claim

Hi, I have recently received a letter before claim relating to a PCN I received last year when I exceeded the maximum time limit for parking in a leisure park. I was my birthday and we had been for some food then went to the cinema but unfortunately the film length pushed us over the maximum stay limit. I contested the PCN initially through the car parking firm HX car park management ltd but this was unsuccessful. I believe they use a magic eye type system when you enter and exit the car park and have sent photographs of my car. I can prove that I was in the cinema at the time as have my proof of booking. The film was much longer than average but no warnings were given by the staff about the car parking limit. Is this PCN contestable. To be honest I was totally ignorant of the time limit as had never had a problem but there are signs. I feel the penalty of £100 was excessive for what was essentially a less than 30min overstay but am concerned that if i fight it it will end up costing me much more. I have no previous experience and am finding it really difficult to navigate the forum. Please can anyone help. 
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Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    edited 16 March 2020 at 11:21AM
    Nothing to do with a solicitor firm called Gladstone Brookes !! Not true at all

    It's Gladstone's

    If I were Gladstone Brookes I would sue you for defamation 😜
  • Le_Kirk
    Le_Kirk Posts: 24,131 Forumite
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    Get hold of the cinema management and give them a roasting, it is not tool late to have them cancel this especially if the car park is linked to the cinema.
  • lu_pom
    lu_pom Posts: 8 Forumite
    First Post
    I cannot find the original fine notice. But I'm pretty sure i received it within the time limit so cannot contest that way.
  • lu_pom
    lu_pom Posts: 8 Forumite
    First Post
    Ive already done that. They said that they have had numerous cases but the manager said he could not do anything other than give me details of how to appeal to the parking company. 
  • Redx
    Redx Posts: 38,084 Forumite
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    It's too late for any appeal , that route has already failed

    This will be concluded in court , sometime this year , where you either win or lose
  • D_P_Dance
    D_P_Dance Posts: 11,586 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I cannot find the original fine notice.

    It is not a fine, and it is not Gladstone Brookes.  Accuracy in matters such as this, where legal proceedings are very likely. is a sine qua non.

    Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.




    You never know how far you can go until you go too far.
  • lu_pom
    lu_pom Posts: 8 Forumite
    First Post
    These are the details for the film
  • lu_pom
    lu_pom Posts: 8 Forumite
    First Post

    You are going to see: IT : Chapter Two

    Certification: 15

    Running time: 169 minutes

    Booking reference number: 

    Date: 25.09.2019 at 20.30

    Cinema: Chesterfield

    Cinema address: Alma Leisure Park, Derby Road, Chesterfield, S40 2ED

    Screening type: 2D, Audio Described

    Screen: Screen 3

    Number of people going: 2

    Seat(s): F7, F6

  • Umkomaas
    Umkomaas Posts: 42,863 Forumite
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    lu_pom said:
    These are the details for the film
    Keep it for your Witness Statement/evidence bundle if HX sue through the small claims court.  They are litigious; they have 6 years to instigate proceedings. Just so you know. 
    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
  • Redx
    Redx Posts: 38,084 Forumite
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    If it's a leisure park then it's likely that the cinema has no control over the parking

    If you cannot get the landowner or managing agent to cancel the PCN , then save it for the court claim as mentioned above

    Email a SAR to the DPO at HX to obtain all your data attaching copies of 2 recent but redacted utility bills as proof of I D under the GDPR law
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