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PCN issued from NPM on private road.
Evening all, I've received a PCN from NPM for parking on a private road.
Attached is the redacted NTK.
I thought I'd ask for your opinions before I appeal. (Last time I did my best before involving you guys which made it harder - Still won in court though).
Assuming the NTK is POFA compliant, am I correct in thinking that I'm still allowed a 5 minute grace period to consider the terms? Double yellows shouldn't carry any weight on private land surely?
Put simply, I loathe these companies, but I would really rather avoid another protracted civil claim against me.
Comments
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DYLs normally allow for the loading and unloading of goods and/or passengers
From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"2 -
Thank you. The driver was also there for a period of less than 5 minutes.
I assume a "consideration period" applies under contract law even on strict "no parking" private roads?
I think trying to use both the loading argument alongside the consideration period might conflict each other (the driver was either doing one or the other).
I know they're IPC and appeal is probably a waste of time, but if I were to try, which one would be the better approach?
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I think it would also be worth lodging a formal complaint with IPC about NPM's predatory conduct and knowingly skirting the law for profit, copying it in to my local MP.
I'll have to go back and check but I believe the photos are from a CCTV camera with no signage on entry of being recorded, also breaching GDPR 2018.
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Hi all,
I'm at LBC stage with this rubbish again. (Gladstones).
I know all the advice is generally to defend in court at this point. I've got a strong case since I was unloading for a period of under 5 minutes on double yellows on a private road (so not legally enforceable).
My issue is financial. The last time i defended a claim (thanks again for the counsel) it cost me far more in time and lost work than the amount claimed.
I'm in the same situation again, and I can't stand these vultures, but financially speaking I would be better off just paying.
At this point I doubt a well informed letter would make anyone back off. I could offer the original sum in good faith to close the matter?
Your thoughts?
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Just catching up on last week's posts.
No, what's the point of offering to pay the PCN? Gladstones won't accept it but they'll mark you down as a possible panicker/payer.
Gladstones are currently dropping the ball on court claims and often not submitting evidence. They seem disorganised and/or short staffed.
You could always counterclaim for £300 for significant distress and hours of time lost due to a clearly unjustified PCN, illegal covert surveillance and data abuse.
At least that makes the case worth your while if it goes to a hearing and you win.
There was no reasonable cause to get DVLA data if you were merely unloading because that isn't parking and it is expressly allowed 'exempt activity' on real double yellow lines.
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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