UK CPM The Arcade car park Hitchin

MS450

Hi, newbie here. I was looking for some advice regarding a PCN I was issued 09/11/23, which is still an ongoing matter.

On 4/11/23, I parked in The Arcade Car Park, 3-4 West Alley, Hitchin SG5 1EG. As usual I had gone to the machine to pay for my parking, however I came to realise that the both pay and display machines were not accepting payment, myself and other people within the car park tried to pay multiple times however no luck. In addition to this, there was no alternative way to pay nor were there any signs stating not to park in the car park if there are any issues of the sort.

I later received a PCN from UK CPM stating that I was being charged for not paying for my duration of stay. I appealed this and stated that the pay and display machines were not working, with photographic evidence of their machines not working and the signs in the car park. Of course, they declined my appeal, shock! Stating it was declined due to not paying for my duration of stay, even though I clearly showed evidence of the machines not taking payment. I even stated that, Under the International Parking Community Code of Practice which they claim to follow, it clearly states under section 14.4 - Any equipment used on Private Land must be kept in good working order. Which In this case, had breached the Code of Practice.

My next option was that I could appeal to the Independent Appeals Service (which I now have found after research, is run in house by the International Parking Community and have been investigated by Watchdog in the past). In my appeal to the IAS I included all my evidence including the photos from the day, the signs within the car park and quoted the code of practice which they seem to have breached from my understanding. UK CPM came back with a Prima Facie Case again stating I hadn't paid even though I've continuously stated I couldn't. This is what they said:

"ALL MOTORISTS MUST ENTER THEIR FULL, CORRECT VEHICLE REGISTRATION AND MAKE PAYMENT OF THE FULL APPLICABLE TARIFF ON ARRIVAL TO THE SITE, USING THE PAYMENT MACHINES PROVIDED".

The appeal was then sent for an adjudicators decision and stated that my appeal was once again declined, stating that the evidence provided by UK CPM shows that the machines were in working order on the date of the event, even though absolutely no evidence was uploaded showing this. The adjudicator also went on to say, “PCN will be issued to drivers who fail to comply with the terms and conditions, regardless of a driver's reasons for being on site or any mitigating factors”. Which indicates to me that whatever the situation, they will charge people. After talking with Citizens Advice I was told I can either pay the charge or see if they take me to court. However, I feel as though my situation has been extremely unfair so I would rather not pay for something which was out of my control. From the looks of things online, they seem to be awful people who just try to scam others out of money. 

All I really want to know is, what are the chances the judge would be in my favour IF they were to take me to court. And what are the chances they'll take me to court in the first place? As you all probably could guess, they've sent me a couple of letters threatening to pay/take me to court.

Thank you for any advice/suggestions 

Coupon-mad

The NEWBIES thread second post already answers this question:

All I really want to know is, what are the chances the judge would be in my favour IF they were to take me to court?

Please read the NEWBIES thread but as a clue, we win 99% of cases here and have done since we started keeping tabs on it, way back in 2016. 

And what are the chances they'll take me to court in the first place? 

Almost certain. Gladstones are easy to beat!

Please just read NEWBIES PLEASE READ THESE FAQS FIRST (specifically the SECOND POST there) which you don't need a link to.  It's a pinned Announcement you seem to have missed, even though it's in capitals and begs new posters to read it first. See my signature. The pinned Announcements are just one click back...

Come back at LBC stage. 

MS450

Hi @Coupon-mad , thank you for the above advice!

I have now received my LBC from Gladstones, in which I have used the template on the newbies page to write up a dispute. Whilst filling out the pre-action protocol reply form on the website, they request supporting documents. Is it advised to supply any photographic evidence to Gladstone or shall I leave this until I put together my defence for the courts?

Thanks a lot

KeithP

MS450 said:

I have now received my LBC from Gladstones, in which I have used the template on the newbies page to write up a dispute. Whilst filling out the pre-action protocol reply form on the website, they request supporting documents. Is it advised to supply any photographic evidence to Gladstone or shall I leave this until I put together my defence for the courts?

What is this "pre-action protocol reply form on the website" you speak of?
Surely not the 'reply forms' mentioned within the first few lines of the second post of the NEWBIES thread, where it says - "DO NOT use the 'reply forms'. You do not have to declare your finances!".

MS450

KeithP said:

MS450 said:

I have now received my LBC from Gladstones, in which I have used the template on the newbies page to write up a dispute. Whilst filling out the pre-action protocol reply form on the website, they request supporting documents. Is it advised to supply any photographic evidence to Gladstone or shall I leave this until I put together my defence for the courts?

What is this "pre-action protocol reply form on the website" you speak of?
Surely not the 'reply forms' mentioned within the first few lines of the second post of the NEWBIES thread, where it says - "DO NOT use the 'reply forms'. You do not have to declare your finances!".

Its not a form exactly, its what they seem to call the process on their website, however It seems I've misunderstood. So in this case, instead of disputing the debt via their website, I should email my LBC response to enquiries@gladstonessolicitors.co.uk.? (this is the email they have on the LBC and I cant seem to find a solicitors email when I search Gladstones in the forum) 

Thanks

Coupon-mad

Of course.  You are the third poster today who tried to use a roboclaim solicitor web portal.  I'm amazed.  The advice says "email".