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

Coupon-mad

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part45-fixed-costs

TABLE 1

Fixed costs on commencement of a claim for the recovery of money or goods
Relevant band	Where the claim form is served by the court or by any method other than personal service by the claimant	Where – the claim form is served personally by the claimant; and there is only one defendant	Where there is more than one defendant, for each additional defendant personally served at separate addresses by the claimant
Where – the value of the claim exceeds £25 but does not exceed £500	£50	£60	£15
Where – the value of the claim exceeds £500 but does not exceed £1,000	£70	£80	£15

tealover123

Do you think this is worth taking on? or trying to settle following my earlier mistakes.

Fruitcake

I suspect nobody here will suggest that you pay an unregulated company referred to as rogues, scammers, and bloodsuckers by UK MPs across all parties. Paying them allows them to continue. 
Even if you lost, you would end up paying less than they are claiming now.

D_P_Dance

I agree with Fruity, many judges regard most PPC claims as without merit, fight.

tealover123

First draft of letter to MP, thoughts please?

Dear Virendra Sharma,

I hope this email finds you safe and well.

On 3rd September 2019, I was returning my daughter to her mother at Clapham Junction Overground SW11 2QP. This venue was selected by a Barrister as ‘middle ground’ between Epsom, Surrey & Crouch End, North London in our shared care agreement - so Mother & I were both not familiar with the area.

On this occasion, I arrived on time, however my daughter's mother was late due to traffic. As you can imagine this changeover event itself its very emotional and stressful for all parties

Subsequently I received a Parking Charge Notice (PCN) via ANPR of £100 from UK Car Park Management in the post for the period between 12:14 03/09/2019 and 12:44 03/09/2019.

I would appreciate your support in fighting this charge and contributing the new code of practice bill for the following reasons and raising a complaint against UK Car Park Management Ltd

·         The current system of regulation isn’t suitable and private companies are taking advantage

·         Private charges are based on contract law and allege that the driver breached a contractual term.

·         The initial charge is extortionate and not relative to the alleged offence which I liken to blackmail and extortion

·         The alleged offence was not intentional, I did not leave my car

·         Poor and/or confusing signage provides additional barriers for entry

·         The signage contained particularly onerous terms not sufficiently drawn to the attention of the visitor as set out in the leading judgment of Denning MR in J Spurling v Bradshaw [1956] EWCA Civ 3

·         Signage deliberately confusing to ensure a PCN is issued.

·         Signage couldn’t be reasonably seen from within the confines of my car and caring for my daughter during the wait.

·         The frequent traffic, multiple functionality of the site, restricted space, few car park bays requires significant concentration and monitoring to prevent accidents making any parking signs more difficult to view.

·         There was no intention of parking, it should’ve beena drop off within minutes.

·         I was unable to communicate with the mother as she was driving.

·         Initial Notice to Keeper (NTK) was issued within the regulated period (30 days), yet ignored on appeal.

·         The appeals process is unfair and misleading

·         The fines escalated significantly and very quickly

·         The process to resolution has been strung out an inordinate amount of time and should be quashed.

·         Paragraph 13 of the Code of Practice (CoP) clearly states that a grace period is to be applied to parking. CoP requires them to be "at least 10 minutes" (paragraphs 13.3). It is worthy of note that the recommendation is a minimum of 10 minutes, not a maximum.

·         There was no intention to breach any particulars. There has to be intent of which there was not.

·         Obstructive and unfair appeals process by these private parking companies.

·         This follows years of abuse by rogue parking companies and should not be allowed

·         I have felt harassed by UKCPM and their actions in appointing

·         Under the county court rules, the interest may well accrue on £100 if awarded, but not a greater sum than they are permitted to recover!

Please find attached the latest Code of Practice Bill debate to regulate the private parking industry and provide regulated companies the opportunity to correctly enter contracts for parking on private land and follow regulated guidelines, and provide fair and not misleading services. There are contributions from Rishi Sunak current Chancellor which finished at 2.03pm on 10th June 2021. It will pave the way for real reforms that will make a positive difference to people across the country, and I am delighted to speak for the Government in support of his Bill

https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

Yours sincerely,

Coupon-mad

Are you saying the solicitors have charged a higher legal fee than the table I showed you allows?

D_P_Dance

Far to long imo, I would delete the first three paragraphs and considerably reduce the rest.  

tealover123

Coupon-mad said:

Are you saying the solicitors have charged a higher legal fee than the table I showed you allows?

yes, £80 estimated fixed solicitors' costs

tealover123

Amended version sent to MP - thank you

tealover123

Hi Again, I have received another email from Gladstones.

"Whilst we have noted the content, your representations do not amount to a defence. Please fnd enclosed the evidence you requested. 

To ensure no further action is taken, you should make payment no later than 14 days from the date on this letter. 

In the event we do not receive payment within the time scale specified, our Client reserves all its rights, including the right to commence Court proceedings, without further reference to you. 

To make a payment, please call 01565 755088 and speak to one of our advisors."