PCM and Gladstones

keithtoon

Good afternoon,
Thank you in advance for reading this post and any feed back.
I am trying to help out a young lad as he does not know what to do with this letter. He feels he should just pay up as in a few years time he will want to apply for a mortgage and not have any CCJs. The drivers name has NEVER been quoted. Long story short having to move car to allow Ambulance in to entrance left car there for 20 mins and then received in the post a £60 fine. Can any one help to ie An appeal letter?
thank you.

D_P_Dance

It is not a fine, please read the newbies. 

Also, they have added what appears to be an extra unlawful amount for debt collection. Judges have dismissed an entire claim because of this. 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''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V%20Excel%20v%20Wilkinson.pdf?dl=0

keithtoon

ooops... just started to read this post...
PLEASE READ THIS POST FIRST TO UNDERSTAND HOW TO USE THE NEW 2020 TEMPLATE DEFENCE, WHICH CAN BE ADAPTED IN HALF AN HOUR (honestly!).   

Trainerman

It is also worth emphasising that he will not get a CCJ as things stand, though that is a threat often used to bamboozle people into paying. So, unless he is taken to court and loses and then does not pay within the allowed period, he will not get a CCJ on his record.

Not_A_Hope

You need to redact his vehicle reg in the letter. If you provide some background to the PCN the folks on the forum can help fight it. All you have shown us a standard LBC letter Gladstones send to everyone. The Particulars they attach are often pretty generic.

What happened and what if anything has he done to date? No point in appealing at this late stage. Either he will get a court claim within 6 years of the event or he won't.

He need not worry about getting a CCJ. It will take some effort to fight it but even if he loses it will not affect his credit rating if he pays what the judge orders in time.

keithtoon

Thank you. will remove reg number. Car has been scrapped over 6 months ago he informed me. Car park in a private estate, "permit holder onl" visiting ill sister, hence the ambulance. He ignored the first letters till he received the letter I have posted. I am reading the newbies at the moment but unsure who to appeal to PCM or Gladstones. The lad is at work at moment so I need the original letters. Poor boy is panicking but maybe my help is to late hence jumping on to this forum asking you helpful guys.
Thank you_Kg

keithtoon

Wow, some good news just found the PCN number on back of page 4. PCM allow you to appeal on their website but I needed PCN no. Is this a good idea?
Debt £160
Estimated Court Fee £35
Estimated Fixed Solicitors Fee £80
Hence the PANIC!

patient_dream

keithtoon said:

Wow, some good news just found the PCN number on back of page 4. PCM allow you to appeal on their website but I needed PCN no. Is this a good idea?
Debt £160
Estimated Court Fee £35
Estimated Fixed Solicitors Fee £80
Hence the PANIC!

Well the fact is that you do not owe £160.   The ticket is £100.  The rest is just a scam from Gladstones.   Gladstones have been spanked many times by Judges for this fakery

Just read this thread
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

The words "abuse of process" is no longer used but "DOUBLE RECOVERY" is and that in turn is abuse of process

Not_A_Hope

I suspect any 'appeal' you make at this late stage will just be a fishing trip by Gladstones trying to get you to pay the £160 and try to scare the lad into paying up.

You need to provide more info on the permit only parking and obtain details of what is actually in the tenancy agreement. Sounds like an emergency if an ambulance was involved and PPCs should take mitigating circumstances into account but often don't. A judge is more likely to be understanding

Le_Kirk

In order to have progressed as far as a letter before claim there must/should have been the original PCN plus reminder letters (and usually some debt collector letters) which you don't refer to.  Did these appear and the chap has filed them in the recycling bin?  Was/is the name and address on the V5C correct (yes, I know it is scrapped - irrelevant)?  If he has moved recently, he should inform the PPC of his new address for service; what he doesn't need is a CCJ by default because any claim forms were posted to an old address.

keithtoon

Le_Kirk said:

In order to have progressed as far as a letter before claim there must/should have been the original PCN plus reminder letters (and usually some debt collector letters) which you don't refer to.  Did these appear and the chap has filed them in the recycling bin?  Was/is the name and address on the V5C correct (yes, I know it is scrapped - irrelevant)?  If he has moved recently, he should inform the PPC of his new address for service; what he doesn't need is a CCJ by default because any claim forms were posted to an old address.

Thank you.
He is at work atmo, but I have text him to bring round ALL paper work!
Do I appeal on the PCM website? or sit tight ?