PCM - Devons Estate

muslimahi

Hi all,

Helping a family member with this PCN. I just wanted to post and be ready for mcol stage. Please can an expert have a quick look through the link below which has pics of the copies of their appeal rejection. They tried their best to be intimidating but I'm hoping its all just that with no merit?

Background - The driver - A gas engineer was doing a call out. When he pulled up he saw the warden actively give out windscreen tickets to others so he enquired if he was ok to park and unload for work. He was assured it is fine to do so. He unloaded returned to car within 15 minutes with no PCN on car. He then received this PCN in the post. Very scrupulous behaviour. 

Complaint sent to management through the client who the gas engineer was visiting.

Am I right to assume that this will most likely lead to a small courts and then defending using the templates will be enough for a win?

Many thanks. 

https://www.dropbox.com/scl/fi/n3w9cd9qv0ecv0lmp1q2e/Devons-Estate-PCM.pdf?rlkey=f530hh20e2k20e8s28gujjvch&st=qpsfg2mc&dl=0

Gr1pr

We cannot promise a win, only a judge can decide the outcome,  but 2 things spring to mind

Promissory estoppel and the Jopson case 

The defendant should definitely follow the process here, plus use the template defence 

Coupon-mad

Am I right to assume that this will most likely lead to a small courts and then defending using the templates will be enough for a win?

They'll use Gladstones so there might be a hearing, unless the D uses Contestor Legal to strike out the claim when it comes (instead of defending but it has to be done quickly).

CL were offering that service on a no-win-no-fee basis earlier this year, which works for Gladstones claims as they stand at the moment.

Tell the family member NOT TO PAY but to look at and be ready to ignore, the £170 threatograms shown in pictures in post 4 of the NEWBIES thread.

But not to ignore a solicitor's LBC or Claim.

muslimahi

Gr1pr said:

We cannot promise a win, only a judge can decide the outcome,  but 2 things spring to mind

Promissory estoppel and the Jopson case 

The defendant should definitely follow the process here, plus use the template defence 

Driver tells me that the tenants were witness to drivers conversation with the warden as they were looking out from their property at the time. 

muslimahi

Coupon-mad said:

Am I right to assume that this will most likely lead to a small courts and then defending using the templates will be enough for a win?

They'll use Gladstones so there might be a hearing, unless the D uses Contestor Legal to strike out the claim when it comes (instead of defending but it has to be done quickly).

CL were offering that service on a no-win-no-fee basis earlier this year, which works for Gladstones claims as they stand at the moment.

Tell the OP to look at and be ready to ignore, the £170 threatograms shown in pictures in post 4 of the NEWBIES thread.

But not to ignore a solicitor's LBC or Claim.

Coupon-mad said:

Am I right to assume that this will most likely lead to a small courts and then defending using the templates will be enough for a win?

They'll use Gladstones so there might be a hearing, unless the D uses Contestor Legal to strike out the claim when it comes (instead of defending but it has to be done quickly).

CL were offering that service on a no-win-no-fee basis earlier this year, which works for Gladstones claims as they stand at the moment.

Tell the OP to look at and be ready to ignore, the £170 threatograms shown in pictures in post 4 of the NEWBIES thread.

But not to ignore a solicitor's LBC or Claim.

Thank you - I will get them to look into Contestor Legal and be prepared.

Coupon-mad

Now - you and the family - PLEASE get some revenge on the parking industry. This is your one chance to change the law.

This month only. To be part of the push to change things in future, it's very important that people like you and your wider family drivers (individually in their own words) tell the Government that:

a) motorists have no faith in POPLA or the IAS and that there must be a SINGLE APPEALS SERVICE that people trust. The sector is crying out for an independent and impartial appeals service - not two involved in a race to the bottom - that will give a real option to resolve disputed cases out of court. 

b).  THE ENRICHMENT OF 'DEBT RECOVERY FEES' MUST BE COMPLETELY BANNED. CASES ARE NOT SOLVED BY DEMANDING MORE MONEY AND OFFERING A 'PAYMENT PLAN' THAT ONLY THE VULNERABLE PAY. DRAS MAKE NO MONEY IF THEY HANDLE DISPUTES IN THE SPIRIT OF THE APPEALS CHARTER, WHICH IS WHY THEY ALWAYS PLOUGH ON TO COURT CLAIMS AND CCJs, RATHER THAN OFFERING REAL RESOLUTION AT PRE-ACTION STAGE. THEY OFFER NOTHING, NO LEGITIMATE OPTION TO KEEP CASES OUT OF COURT.

Therefore you have no option but to ignore the £170 letters completely because it is futile to engage with this industry and easier to let them sue then they'll discontinue when robust people defend and don't fall for the scare tactics.

Responses are invited to the Consultation now:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-8-weeks-from-11th-july-2025/p1

We will discuss it further in a few days or at the weekend on that thread if you want more focus. The family member could wait till they get the first £170 threatogram and use it as evidence for the government.