Regis Road - Road Disguised as Car Park

MyConversation

I received a PCN for "Obstructive Parking" in Regis Road NW5. My car was pictured as being stationary for just over five minutes in an area that was not marked by double yellow lines and was not a parking bay. From a non technical point of view the car was clearly not causing an obstruction. And if it was I was in the vehicle, which was stationary but running and could have moved if need be. 

The road is confusing as it is apparently a private road, which is designated as a car park. The road has a local borough council street name as it's entrance, it is served by council traffic lights and gives access to the local council recycling centre, the car pound Royal Mail sorting office as well as a number of businesses. There are a number of signs on the road, which I didn't read as I did not intend to park. The main sign which is near the entrance to the road does say "Private Land" but this sign is not obvious and is often obscured by vehicles leaving and stopped at the traffic lights.

Unfortunately I was late in coming to this forum and appealed firstly with Private Parking Solutions (London) Ltd and POPLA both appeals were rejected.

In the opinion of this forum what would be my next best move. If I hold out do you think I could be successful in court (without having to employ expert advice)? What would I probably stand to lose?

Thank you

Gr1pr

You can fight a possible future court claim by yourself with assistance from here , no question

If you were to lose in court,  the typical figure to pay out is a total of about £212

We dont advise paying them , unless a judge in court says so

MyConversation

Thanks for the reply.

At this point is it worth posting details from the original PCN, appeals or rejections or just sit tight and wait for a possible "letter before claim" or actual court claim?

Coupon-mad

Sit tight. Do nothing except the below.

By going confidently into the 'ignore' stance, the only steps to take are:

- Tell them if you move house within 6 years.

- Ignore the tedious £170 threatograms shown in pictures in the 4th post of the NEWBIES thread.

- Come back if you get a solicitor's LBC as per the 2nd post of the NEWBIES thread. 

Nobody pays a penny and no hearing is even needed in most cases. Search the forum and read a few cases as they are easy to beat by waiting for a claim form - it is easier than appealing!

There is no risk AT ALL in defending a court claim. No CCJ. No bailiffs.

MyConversation

Hi there
I have now received the Letter before claim from Gladstones, amount due £170 & a warning that it could go to £255 if it goes to court. Is this the correct reply:

Dear Sirs,

Your ref: [insert reference number]

Proposed legal proceedings

Claimant: Private Parking Solutions (London) Ltd

I refer to your letter of claim.

I confirm that my address for service for the time being is as follows, and any older address must be erased from your records:

[My address]

You should revert to your client because the 'propensity to pay' score in my case is zero, so any claim is hopeless and a waste of the court fee (whether 'fronted' by your firm or not). Move on to weaker victims.

The alleged 'debt' is disputed and any court proceedings will be vigorously defended.

Yours faithfully,

Do I send this to the email address enquiies@gladstonessolicitors.co.uk?

Should I also post a copy to the address Unit B etc.?

Is this all I need to do for the moment?

Thanks for any help. It is much appreciated.

Car1980

I don't think we've ever seen an obstructive parking claim. That really would be ridiculous. I'd tweak the template to let Sadstones know, because they churn out claims with no knowledge of what they entail. Perhaps this...

"You should revert to your client because the 'propensity to pay' score in my case is zero. Attempting a claim on the basis of "obstructive parking" would be completely preposterous and utterly futile. Move on to weaker victims, or at least cases with some semblance of reason. But if you wish to flush your court fee down the drain, be my guest."

MyConversation

Hi there
I have amended the letter (see below).
Should I email the letter as a PDF or post "signed for" or both?
Is there anything else I need to do for the time being?
This help is really appreciated. Thanks
-- 

Dear Sirs,

Your ref: [insert reference number]

Proposed legal proceedings

Claimant: Private Parking Solutions (London) Ltd

I refer to your letter of claim.

I confirm that my address for service for the time being is as follows, and any older address must be erased from your records:

[My address]

You should revert to your client because the 'propensity to pay' score in my case is zero. Attempting a claim on the basis of "obstructive parking" would be completely preposterous and utterly futile. Move on to weaker victims, or at least cases with some semblance of reason. But if you wish to flush your court fee down the drain, be my guest.

The alleged 'debt' is disputed and any court proceedings will be vigorously defended.

Yours faithfully,

MyConversation

Also here is a slightly different version of the letter. What do you think?

--

Dear Sirs,

Your ref: [insert reference number]
Proposed legal proceedings
Claimant: Private Parking Solutions (London) Ltd

I refer to your letter of claim.

Please note that my address for service, for the time being, is as follows. Any previous address must be removed from your records:

[My address]

The alleged debt is fully disputed. No payment will be made, and any court proceedings will be vigorously defended. I request that you refer this matter back to your client. Based on the circumstances, any attempt to pursue a claim in respect of “obstructive parking” would have no merit and would not succeed.

If your client nevertheless chooses to issue proceedings, I will respond accordingly and seek recovery of any costs that the court may permit.

Yours faithfully,

James_Poisson

I know Regis Road very well I used to go there for work when my company had the large depot on the right as you go in, I believe there is even a police pound along there on the left. The signage is and always has been rubbish, to all intent an purposes it looks identical to a normal public highway and any motorist would expect the DYL's to mean exactly what they do on any normal road. If these scamming dimwits want to prevent people stopping they should put DYL's at 90degreed on the curb as per the highway code, or put red lines instead of yellow.

However, you state that the area was not even marked up, this just isn't good enough, the PPC must be raking it in knowingly, and "obstructive parking" would need to be defined on the contract where ever that sign might be: