Gladstones / CPM - Letter Before Claim

shyammy21

Hi All I am after some guidance please. My car stopped for less than 2 minutes on a street to collect someone near a station one evening and received a PCN. No reply sent, was ignored. It didn't seem like a private road, its just a normal road with shops etc. I only got one demand letter until today where Galdstones solicitors have sent a letter before claim. The amount has gone from £100 to £160 but estimating £265 with the difference being court fees and solicitor costs. It wasn't a space, it was just a reg road so unsure I have cost anyone anything. How should I best approach this? I intend to not pay anything. https://imgur.com/a/RgiBLex

D_P_Dance

The amount has gone from £100 to £160 but estimating £265 with the difference being court fees and solicitor costs.

Please name and shame the scammer and read this.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

Umkomaas

The status of the road is important here  -  as at the time of the parking/stopping event.  You need to be contacting Barnet Council because from some basic internet research it seems that the road could have been adopted by the council sometime in 2020. But the date of the implementation is critical. If it had been adopted at the time UKCPM ticketed you, they have a problem.  Otherwise (but in parallel) you need to be reading the NEWBIES FAQ sticky, second post, as you will need to respond to the LBC and prepare for an inevitable court claim. UKCPM are the most litigious PPC in the country - that doesn't mean the most litigiously successful, a forum-assisted defence sees them off in most cases.  

blackdog2220

25th feb 2020 ticket 

Umkomaas

blackdog2220 said:

25th feb 2020 ticket 

Yep, saw that, which is why the OP needs the council to confirm whether they had adopted the road by or before that date.

https://www.change.org/p/john-hooton-charcot-road-adoption-nw9

blackdog2220

Roger L Gilbert, Contract Manager Commercial & Customer Services for Barbet has stated 

"As far as we are aware, the Charcot Road site will not be adopted until sometime in 2020, possible around the Summer time, or later."

Umkomaas

blackdog2220 said:

Roger L Gilbert, Contract Manager Commercial & Customer Services for Barbet has stated 

"As far as we are aware, the Charcot Road site will not be adopted until sometime in 2020, possible around the Summer time, or later."

I suspected that might be the case, especially with the PCN being incurred so early in 2020. 

shyammy21

How would I find out who the landowner is given it isn't adopted. Will they even respond if it was they who engaged the claimant to introduce these measures? 

I have sent the SAR to the claimant and requested debt advice 30 day stay to the solicitors. What can I do now other than wait until the SAR evidence and court claim arrives? 

Redx

Umkomaas has posted extensive advice on finding landowner details , find it and read the list

They may respond , they may not , why ask us ? How would we know ??

Nothing else to do apart from follow the advice already given and stop looking for a magic bullet

nosferatu1001

Well if you dont ask, they for sure will not help
I suggest you go out and read other threads, you will see that Plan A  has worked multiple times

Umkomaas

@shyammy21, care to update us on this, especially as you have opened a new thread about another PCN requesting our help? If we don't know the result of our advice, how can we confidently offer it?