County Court Claim Form - PCM at Heath Parade - NW9

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
108 replies 11.3K views
stephthechosenonestephthechosenone Forumite
25 Posts
Hi there, pleased to meet you all!

I have fallen victim to the predators Parking Control Management at the infamous Heath Parade - NW9 location.

To give you a bit of history...

- I have been accused of parking at the above location and am now being chased for a £235.50 amount
- The evidence shows I was at the location for 1min 50 secs
- My hazard lights were on, as shown in the evidence, as there was an issue with my brakes at the time
- I have a letter from Chevrolet which confirms there have been issues with certain cars' break fluid and that they will change mine free of charge

I contend that:
- No contract was formed between myself and PCM as the terms of parking are prohibitive and offer no service (see PARKING CONTROL MANAGEMENT (UK)-v-CHRISTOPHER BULL), and/or was not in my reasonable control to breach said terms (brakes issue)
- There was apparently no grace period, as stipulated in the IPC Code of Conduct, of which PCM are a member and have been since 2014
- The £150 they claim in PoC is not an realistic estimation of cost, and resembles a penalty, unenforceable by law
- IPC Code of Practice also states that companies should not engage in predatory tactics, of which this more than likely falls under

What I have:
  • I received the notice to keeper in July
  • I have received the debt collectors letters
  • I have received the letter before claim from Gladstones
  • I did nothing each time (reasons I will divulge later)

I am now going to send the acknowledgement of service but would love help piecing together a defence. Any help soon is welcome!

P.s. Hope everyone's had a merry Christmas! I certainly won't let this dampen the end of the year for me =)
«13456711

Replies

  • SystemSystem Forumite
    177.9K Posts
    10,000 Posts Name Dropper
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    You're almost there with the lack of grace period v short time. You clearly were given no opportunity to study and agree terms. You are likely to have "an honestly held belief that this company engages in the predatory practice of having signs at a height that cannot be read, with a density of text that is difficult for the average driver to see, and then give little or no notice before issuing a parking charge."

    You are also likely to have the same another honestly held belief "that there was not only no intent to create legal relations but indeed no legal relations were entered into".

    Just my guess.
  • GrimbleGrimble Forumite
    455 Posts
    Sixth Anniversary 100 Posts
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    There is a post on Pepipoo by Divine for the same location.
  • Thanks all. After I emailed Parking Prankster, he posted a defence in his blog. I can't link to it and SME says I'm a new member...
  • old_dinosaurold_dinosaur Forumite
    81 Posts
    Sixth Anniversary 10 Posts Combo Breaker
    You're welcome to read my posts under old dinosaur for same location. My court date is in March and have had lots of help here and from Parking Prangster. GOOD LUCK KEEP BATTLING ON
  • tatitati Forumite
    56 Posts
    Hello old dinosaur,

    How come you are going to court? Will you have a hearing? Weren't you able to defend the case without it being sent to the hearing? I have heard on BMPA webiste that hearings are very very rare.. I am also in the process of defending a county court claim by PCM (represented by Gladstones).
    Regards
  • Hi all!

    So I've sent off my defence and have received the DQ form.
    I hear that to please the judge, I should tick yes for mediation when really I want the small claims track

    Is this right?
    S
  • RedxRedx Forumite
    36.2K Posts
    10,000 Posts Seventh Anniversary Name Dropper Photogenic
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    no , please read the BARGEPOLE information linked in the court claim section of the NEWBIES sticky thread above this thread

    its NO to mediation

    thank you
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • Coupon-madCoupon-mad
    98.1K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
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    What Redx said. ^^^

    Read bargepole's thread linked under 'Small Claim?' in the NEWBIES thread as you will need to know and expect every piece of paperwork. This one is minor but fully covered in bargepole's advice about what happens when and which boxes to tick.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hi guys, thanks for your advice
    I'd sent my DQ but only just received Gladstones request for special directions for the case to be heard on papers only. Hoe do I now oppose / reject this? Do I call the court? As I'm worried if I send a letter it won't get to the court on time (deadline was 7th Feb)...

    S
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