PCN @ Clapham Junction Overground (ANPR) by UK CPM/Gladstones

tealover123

Hi All
I received a PCN in October 2019 for Failure to Pay for Full Duration of Stay (ANPR/CCTV). I didn't read up online initially so made a few mistakes in your process, however I'm keen to find out where I stand and best course of action to resolve.
The PCN was dated 3rd Sept, recorded by ANPR for 30 mins. I was dropping my daughter off back to her mother , however due to traffic she was late, which caused me to be at the drop off longer than expected. The ANPR has me entering/leaving over the course of 30 mins. It was a long time ago however, I'm sure there was difficulty parking, and I remember moving my car several times. Initial charge was £60 if paid within 14 days, up to £100, and is now £160. Any help gratefully received. I've read the thread and just got a bit stuck (some links didn't work for me)
Date of alleged offence 3rd September 2019
10th October - Receipt of PCN 
11th October - initial appeal
15th October - 2nd appeal as I didn't receive confirmation the first was received.
14th November Appeal rejection 
13th December - formal demand for UKCPM
14th April 2021 Letter before claim
6th May 2021 Email to Gladstones re debt advice
25th May 2021 DSAR no results from their Legal Dept, however they have provided the above info notices, appeals, NTK etc
Today...???? Write to Gladstones, settle, await a court request
Apologies in advanced if I've missed anything in the Newbie thread etc
Thank you

Coupon-mad

Just skim reading for now, but you know when you drop off your daughter, you should park on street, even on a yellow line? 

Assisted alighting is what yellow lines are actually for, along with loading and other exempt activity.  Why do people seek out and drive into private car parks, at all. why choose that place as a drop of when a street is the place to stop?  Please re-think your parking strategy and stop seeking out a car park, even if it is the one where she lives.  Stop on street and walk in.  Unless you are in London and stop on a red route, you can't get a PCN by post from a Local Authority.

Fruitcake

While you wait for the court claim to arrive, start working your way through the guide to court written by bargepole that you will find in the second post of the NEWBIES.

Get pics of the site and signage but don't park and get another ticket.

Was the driver's identity given away during the appeal process? If so, PoFA and byelaws defence points will be out the window.

D_P_Dance

charge was £60 if paid within 14 days, up to £100, and is now £160. 

That added £60 is most likely to be unlawful.  Judges have beeen know to dismiss entire claims because of it, read this and complain to your MP.

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''.

  

tealover123

Coupon-mad said:

Just skim reading for now, but you know when you drop off your daughter, you should park on street, even on a yellow line? 

Assisted alighting is what yellow lines are actually for, along with loading and other exempt activity.  Why do people driving into private car parks, at all. why choose that place as a drop of when a street is the place to stop?  Please re-think your parking strategy and stop seeking out a car park, even if it is the one where she lives.  Stop on street and walk in.  Unless you are in London and stop on a red route, you can't get a PCN by post from a Local Authority.

The whole saga is a long story you don't want to know...needless to say I changed things. I didn't know the area, it was in the middle of us both and only 2nd time I'd been there. first time, she was ready and waiting in and out in minutes - boom boom

tealover123

Fruitcake said:

While you wait for the court claim to arrive, start working your way through the guide to court written by bargepole that you will find in the second post of the NEWBIES.

Get pics of the site and signage but don't park and get another ticket.

Was the driver's identity given away during the appeal process? If so, PoFA and byelaws defence points will be out the window.

Thank you...I have kind of, see below...and I appreciate I know a lot more now from ready this forum than i did back then
"Further to receipt of the parking charge details at Clapham Junction Overground, I appeal the parking charge due to unforeseen circumstances. I did not leave my car during the time as this was just a meeting point to exchange Custody of my daughter.

Unfortunately, due to traffic her mother was significantly late and therefore this was not intentional, I should have only been there minutes. I was not aware of the parking terms & conditions as this was not clear on entering the car park. The details are also unreadable from parking position. Additionally, the parking charge was received on 10th October, 3 business days after the issued date & has also been issued over a month after the event of 3rd September. This should be sent within 14 days. I hope this can be rescinded due to the above.
my 2nd 
"This is my 2nd attempt to appeal, I hope you got the first one although I didn't receive email confirmation. I am appealing the notice because this trip was to drop off my child to her mother, unfortunately her mother was late. I didn't leave my car. This was

completely unintentional & I wasn't aware that a ticket was required, had I known I would've bought a ticket, or parked outside. Any parking restrictions were not clear when entering the car park especially due to the space & concentration taking manoeuvre. I also only received the 3rd working day after the issue date 7th October & received over almost a month after the

alleged offence, when it should be received within 2 weeks. Please rescind"

tealover123

D_P_Dance said:

charge was £60 if paid within 14 days, up to £100, and is now £160. 

That added £60 is most likely to be unlawful.  Judges have beeen know to dismiss entire claims because of it, read this and complain to your MP.

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''.

  

Thank you - very interesting. that would be a blessing

Coupon-mad

Oh dear, you had a late (non-POFA) PCN by post and could never have been held liable as registered keeper. 

But you appealed and said you were driving so that protection is lost and you must defend as driver based upon unclear signs.

tealover123

Coupon-mad said:

Oh dear, you had a late (non-POFA) PCN by post and could never have been held liable as registered keeper. 

But you appealed and said you were driving so that protection is lost and you must defend as driver based upon unclear signs.

Yeah, realised pretty quickly after reading this forum, that I messed up there. I thought I had a genuine case for an appeal but apparently not against these deviants.
D_P_Dance I will email my MP
Fruitcake will get pics..can you help direct me to the bargepole newbies post #2 re guide to court. I can't seem to find it, prob missing something obvious

tealover123

Found Bargepole's post now

Fruitcake

Please give us the precise name and location of the car park as there are several servicing the station.