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  • FIRST POST
    • Judith Hopkinson
    • By Judith Hopkinson 13th Jun 19, 5:41 PM
    • 11Posts
    • 2Thanks
    Judith Hopkinson
    Parking control management
    • #1
    • 13th Jun 19, 5:41 PM
    Parking control management 13th Jun 19 at 5:41 PM
    My leading company forwarded me a parking fine for Tesco. I then received a second one to my home address, they had different times on it an in both the picture was blacked out. I immediately appealed and asked for a picture and queried the different times. Ignored the question about different times and sent a picture that clearly shows brake lights on. I wrote querying that I was only temporarily stopped and was not parked. Immediately received a letter from Trace debt collectors, I wrote saying that the debt was in dispute. Immediately received a county court summons with a slip saying that charges are now 250. Put in a defence of unreliable paperwork and I was not parked but was temporarily stopped. Have received a N180 asking if I want mediation. Question to mediate or do I take a chance and go to Court.
Page 1
    • Redx
    • By Redx 13th Jun 19, 5:47 PM
    • 25,020 Posts
    • 31,952 Thanks
    Redx
    • #2
    • 13th Jun 19, 5:47 PM
    • #2
    • 13th Jun 19, 5:47 PM
    its a small claim (MCOL) not a summons , because its a civil matter

    please read the advice by member BARGEPOLE in post #2 of the NEWBIES thread, which answers your query and was written a few years ago, nothing has changed (in a word , NO)


    send a SAR by email to the DPO at PCM to get all their pics and docs etc (your data)
    Last edited by Redx; 13-06-2019 at 5:49 PM.
    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
    • KeithP
    • By KeithP 13th Jun 19, 6:13 PM
    • 17,898 Posts
    • 21,805 Thanks
    KeithP
    • #3
    • 13th Jun 19, 6:13 PM
    • #3
    • 13th Jun 19, 6:13 PM
    Have you based your forum username on your real name?

    If so, you would be wise to get your forum username changed to something very much more anonymous.

    To help with that, you might like to read this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules:
    Q. How can I change my username?

    A.
    In most circumstances, this is not permitted.

    The only reason we will change your username is if it puts your privacy at risk. This usually means you've inadvertently registered using your name, email address or something that gives away your identity within your username.

    If you fall into this category, email forumteam@moneysavingexpert.com and request that it is changed, giving three alternative usernames in order of preference.
    .
    • Coupon-mad
    • By Coupon-mad 14th Jun 19, 12:11 AM
    • 76,530 Posts
    • 89,870 Thanks
    Coupon-mad
    • #4
    • 14th Jun 19, 12:11 AM
    • #4
    • 14th Jun 19, 12:11 AM
    Put in a defence of unreliable paperwork and I was not parked but was temporarily stopped. Have received a N180 asking if I want mediation. Question to mediate or do I take a chance and go to Court.
    It sounds like you've already taken a chance, by writing such a short defence.

    You need to read the NEWBIES thread - post #2 of it, all about court stage and how to win - to understand why not to agree to Mediation, and how to rescue your case at WS & evidence stage (pre-hearing) by recognising that the Gladstones WS is template rubbish and their evidence is full of holes (see any Gladstones claim thread where their standard tedious old WS has been torn apart by a poster's WS).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Judith Hopkinson
    • By Judith Hopkinson 14th Jun 19, 7:08 AM
    • 11 Posts
    • 2 Thanks
    Judith Hopkinson
    • #5
    • 14th Jun 19, 7:08 AM
    • #5
    • 14th Jun 19, 7:08 AM
    Have now read information. Phew! We are a limited company so why can we not ask for a local court?
    • nosferatu1001
    • By nosferatu1001 14th Jun 19, 7:48 AM
    • 5,679 Posts
    • 7,255 Thanks
    nosferatu1001
    • #6
    • 14th Jun 19, 7:48 AM
    • #6
    • 14th Jun 19, 7:48 AM
    Because that right is only given to individual defendants.
    • The Deep
    • By The Deep 14th Jun 19, 9:00 AM
    • 15,216 Posts
    • 15,875 Thanks
    The Deep
    • #7
    • 14th Jun 19, 9:00 AM
    • #7
    • 14th Jun 19, 9:00 AM
    Is a solicitor involved?

    if so, 250 is far more than the Law allows for this sort of claim. The down market solicitors whom the PPCs engage know this, but, because they are solicitors, know that a lot of people will pay up.

    It is in fact double charging and non claimable debt collectors' add ons. Imo, this is fraud, or, at the very least, improper conduct.

    Were this to get to court and they won, the judge would be unlikely to award the claimant more than 175 - 200.

    I urge you to report this grubby law firm to their regulatory body, the SRA.

    https://www.sra.org.uk/solicitors/handbook/code/content.page

    as I am sure they do not condone this conduct.
    You never know how far you can go until you go too far.
    • Judith Hopkinson
    • By Judith Hopkinson 14th Jun 19, 3:34 PM
    • 11 Posts
    • 2 Thanks
    Judith Hopkinson
    • #8
    • 14th Jun 19, 3:34 PM
    • #8
    • 14th Jun 19, 3:34 PM
    I have found most of the relevant info. Thank you. Completed my N180 and sent off my SARS. My defence is that I had not parked and in their own photo I still had my brake lights on and was temporarily stopped and that I received two PCNs with different times on. Is there any case law that would be close to these. Also the charge of 250. Have been looking for most of the day and would welcome a point in the right direction. I want to start working on my witness statement as soon as possible.
    • waamo
    • By waamo 14th Jun 19, 3:42 PM
    • 7,887 Posts
    • 10,758 Thanks
    waamo
    • #9
    • 14th Jun 19, 3:42 PM
    • #9
    • 14th Jun 19, 3:42 PM
    How do they arrive at 250? A full breakdown would be helpful.

    Read this thread https://forums.moneysavingexpert.com/showthread.php?t=6006850&highlight=abuse

    It's not very long.
    This space for hire.
    • Judith Hopkinson
    • By Judith Hopkinson 14th Jun 19, 5:07 PM
    • 11 Posts
    • 2 Thanks
    Judith Hopkinson
    Trace recovery put the original 50 up to 160.
    On original summons: 164.42 plus court fee 25 plus legal reps costs 50 total 239.42. I thought it was 250 but 10 short. Thanks for the link. Really helpful.
    • Coupon-mad
    • By Coupon-mad 14th Jun 19, 5:28 PM
    • 76,530 Posts
    • 89,870 Thanks
    Coupon-mad
    My defence is that I had not parked and in their own photo I still had my brake lights on and was temporarily stopped and that I received two PCNs with different times on. Is there any case law that would be close to these.
    But that's not the Ltd company Defendant's defence.

    Did you write it as if the Defendant was you in person? It's not. You are not the named Defendant liable. To say in defence ''I had not parked and in their own photo I still had my brake lights on'' makes no sense for an inanimate object company.

    Remember at WS and evidence stage to write as THE COMPANY.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Judith Hopkinson
    • By Judith Hopkinson 16th Jun 19, 1:54 PM
    • 11 Posts
    • 2 Thanks
    Judith Hopkinson
    Sar
    What good advice to send in a SARS. Turns out we were there for precisely 3 minutes. Last picture shows us moving off.
    • Fitzmichael
    • By Fitzmichael 16th Jun 19, 5:44 PM
    • 136 Posts
    • 60 Thanks
    Fitzmichael
    You people sound really expert - I haven't been able to find a yes/no answer to the question: If I go beyond the 14 days allowance to pay only 65 rather than 100, in order to appeal, and I lose the appeal, will I lose the chance to pay the reduced amount and have to pay the 100? It would seem questionable to offer an appeal, only to charge 35 for losing it. Do you have the answer?
    • waamo
    • By waamo 16th Jun 19, 6:17 PM
    • 7,887 Posts
    • 10,758 Thanks
    waamo
    You people sound really expert - I haven't been able to find a yes/no answer to the question: If I go beyond the 14 days allowance to pay only 65 rather than 100, in order to appeal, and I lose the appeal, will I lose the chance to pay the reduced amount and have to pay the 100? It would seem questionable to offer an appeal, only to charge 35 for losing it. Do you have the answer?
    Originally posted by Fitzmichael
    Surely with over 100 posts under your belt you know where the new thread button is?
    This space for hire.
    • Fitzmichael
    • By Fitzmichael 17th Jun 19, 8:23 AM
    • 136 Posts
    • 60 Thanks
    Fitzmichael
    Not an answer
    No.
    Why are you aggressive?
    • waamo
    • By waamo 17th Jun 19, 8:36 AM
    • 7,887 Posts
    • 10,758 Thanks
    waamo
    No.
    Why are you aggressive?
    Originally posted by Fitzmichael
    I'm not. It was a question. The main index is here https://forums.moneysavingexpert.com/forumdisplay.php?f=163

    The new thread button is in the top left. Before you start a new thread it's wise to read the sticky thread that tells Newbies to read it first as it explains all about parking tickets.

    If you do need to start a new thread then the circumstances of your ticket will enable people to give much clearer information. Make sure you include the full name of the parking company. Don't use abbreviations as many use incredibly similar names and abbreviations.
    This space for hire.
    • Judith Hopkinson
    • By Judith Hopkinson 20th Jun 19, 6:10 AM
    • 11 Posts
    • 2 Thanks
    Judith Hopkinson
    Can anyone show me where I can get the wording of Homeguard v Keefe. I have searched everywhere and the thread on here has been closed down.
    • Judith Hopkinson
    • By Judith Hopkinson 20th Jun 19, 6:12 AM
    • 11 Posts
    • 2 Thanks
    Judith Hopkinson
    It is the wording for stopping is not parking?
    • Coupon-mad
    • By Coupon-mad 20th Jun 19, 8:03 AM
    • 76,530 Posts
    • 89,870 Thanks
    Coupon-mad
    Never seen a transcript for Keefe v Homeguard, although I understand there was another case a bit like the Jopson case.

    Only Jopson v Homeguard has a court transcript that's in the public domain about 'stopping is not parking', and that's as easy as pie to Google & find on the Parking Prankster's case law pages.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Judith Hopkinson
    • By Judith Hopkinson 20th Jun 19, 9:13 AM
    • 11 Posts
    • 2 Thanks
    Judith Hopkinson
    Thank you. Found the sentence that I need.
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