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  • FIRST POST
    • stephthechosenone
    • By stephthechosenone 29th Dec 16, 2:20 PM
    • 25Posts
    • 33Thanks
    stephthechosenone
    County Court Claim Form - PCM at Heath Parade - NW9
    • #1
    • 29th Dec 16, 2:20 PM
    County Court Claim Form - PCM at Heath Parade - NW9 29th Dec 16 at 2:20 PM
    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 =)
Page 4
    • nosferatu1001
    • By nosferatu1001 6th Dec 17, 4:57 PM
    • 2,823 Posts
    • 3,516 Thanks
    nosferatu1001
    Not offend3d, it!!!8217;s just rude - this isn!!!8217;t your thread to post your problems in. It!!!8217;s someone else!!!8217;s.
    • zaklondon
    • By zaklondon 29th Jan 18, 1:06 PM
    • 10 Posts
    • 7 Thanks
    zaklondon
    Do not pay parking control management or gladstones solicitors for Heath parade parking nw9

    I won case today at Clerkenwell and Shoreditch County Court on simple fact that pcm do not have authority of the freeholder.

    Contact me for land registry documents and defence copy.
    • zaklondon
    • By zaklondon 29th Jan 18, 1:08 PM
    • 10 Posts
    • 7 Thanks
    zaklondon
    The judge didn't even need to go into the circumstances of the case. Just text act PCM claim to have authority of Genesis Housing Association, but GHAS does not own the loading bay freehfor, was enough to get case struck out.
    • I-LOV-MONEY
    • By I-LOV-MONEY 29th Jan 18, 1:12 PM
    • 1,014 Posts
    • 571 Thanks
    I-LOV-MONEY
    Do not pay parking control management or gladstones solicitors for Heath parade parking nw9

    I won case today at Clerkenwell and Shoreditch County Court on simple fact that pcm do not have authority of the freeholder.

    Contact me for land registry documents and defence copy.
    Originally posted by zaklondon
    Great news. Who are the freeholders?
    Thank you for reading this message.
    • zaklondon
    • By zaklondon 29th Jan 18, 1:18 PM
    • 10 Posts
    • 7 Thanks
    zaklondon
    The judge didn't even need to go into the circumstances of the case. Just the fact PCM claim to have authority of Genesis Housing Association, but GHA does not own the loading bay freehold, was enough to get case struck out.

    I was awarded travel expenses and lost income for attending hearing. 100
    • zaklondon
    • By zaklondon 29th Jan 18, 1:20 PM
    • 10 Posts
    • 7 Thanks
    zaklondon
    Choices for Graham Park Ltd
    The judge took 25 minutes to study team land registry printouts and maps and read my argument.
    • zaklondon
    • By zaklondon 29th Jan 18, 1:22 PM
    • 10 Posts
    • 7 Thanks
    zaklondon
    If you have paid pcm or gladstones ask for refund. If you lost in court you should apply for the judgement to be set aside on grounds PCM do not have freeholders authority for Heath Parade loading bay.
    • pappa golf
    • By pappa golf 29th Jan 18, 1:24 PM
    • 8,706 Posts
    • 9,308 Thanks
    pappa golf
    Choices for Graham Park Ltd
    The judge took 25 minutes to study team land registry printouts and maps and read my argument.
    Originally posted by zaklondon

    thats brilliant , any chance of scanning those and uploading to tinipics etc (I prefer https://imgbb.com/ with bbcode full linked)

    if you are unable to post link due to low post count , then change the http to hxxp , and just drop into post

    this will be good ammo for future cases
    • AmoUK
    • By AmoUK 29th Jan 18, 2:25 PM
    • 32 Posts
    • 49 Thanks
    AmoUK
    sure, i'll try to that in next couple of days.

    here's a fuller summary (as i was on mobile earlier using my temporary id zaklondon, and just wanted to pass the message quickly as there are other PCM hearings at that court all the time):

    Do not pay Parking Control Management or Gladstones Solicitors for alleged parking charges for Heath Parade NW9.

    I won the case at Clerkenwell & Shoreditch County Court today on the simple fact that PCM do not have authority of the freeholder for the loading bay at Heath Parade. They had claimed Genesis Housing Association was the freeholder and gave them authority, but Land Registry documents prove (and the Court agreed) that in fact the owner is Choices for Graham Park Ltd.

    This had the case thrown out, and it means all previous claims by PCM for Heath Parade are invalid as they did not have authority of the real freeholder to levy parking charges. If you have paid them, ask for a refund. If you have lost a court claim, make an Application to have it set aside on the above grounds and to get your money back.

    Although Choice is part of the same group of companies that Genesis Housing Association has, in law it is a distinct legal entity.

    I was awarded my travel expenses and loss of income for the hearing too, 100.

    Gladstones tried to fool the court by producing some TP1 transfer document saying land had been transferred to Genesis Housing, but on close inspection, and my pointing out their dirty tricks, these transfers relate to a block of flats 100 metres or so away, and had nothing to do with Heath Parade and the loading bay. The judge (Deputy District Judge McConnell) took more than 25 minutes to carefully study the Land Registry records, the associated Plan and photos and listen to the explanation.

    He gave the "solicitors agent" sent by Gladstones repeated opportunities to explain the discrepancies and to answer my points, which he was obviously unable to.

    Note this was the 2nd hearing as the 1st hearing was adjourned as the judge wanted to give PCM chance to go and produce evidence of the freehold.

    If you need a copy of the Land Registry docs and/or my Defence, feel free to message me. I am going to try to post a link here in next couple of days.


    PS: You do not need any other defence or argument - just showing that PCM do not have authority of the freeholder of Heath Parade (for the period at least upto 29th January 2018) should be enough to have the case thrown out, but just to be sure do reserve arguments for other points (bad/no signage in contravention of IPC code, predatory tactics in breach of IPC code of practice, failure to provide grace period as per IPC code etc). By the way, the IPC, a supposedly independent parking arbitrator is yet another scam by PCM, they share the same directors, so they are not independent at all but PCM have dug a hole by binding themselves to their published Code of Practice!
    Last edited by AmoUK; 29-01-2018 at 3:03 PM.
    • IamEmanresu
    • By IamEmanresu 29th Jan 18, 2:54 PM
    • 2,731 Posts
    • 4,729 Thanks
    IamEmanresu
    I hear the sound of !!!! hitting the fan.

    The OP may want to bundle this all up and send it to the DVLA asking the DVLA to investigate. Copy in Greg Knight MP as a clear example of what the DVLA is failing to do.
    About me: Capricorn. Likes: Tight defences, the tighter the better. Lucidity. Dislikes: Loquaciousness and magic words. WLTM: Someone with the facts, a private income and their own copy of the White Book.
    • Coupon-mad
    • By Coupon-mad 29th Jan 18, 5:15 PM
    • 59,444 Posts
    • 72,604 Thanks
    Coupon-mad
    Gladstones tried to fool the court by producing some TP1 transfer document saying land had been transferred to Genesis Housing, but on close inspection, and my pointing out their dirty tricks, these transfers relate to a block of flats 100 metres or so away, and had nothing to do with Heath Parade and the loading bay. The judge (Deputy District Judge McConnell) took more than 25 minutes to carefully study the Land Registry records, the associated Plan and photos and listen to the explanation.
    Wow, interesting! Well done!

    Do as IamEmanresu suggests, won't take long, but another important nail in their coffin.

    Ask David Dunford at the DVLA to investigate, and ask exactly how many sanction points are PCM going to be allowed to accrue before they are finally banned, and are the DVLA going to allow the IPC to sweep this under the carpet, about a well-known cash-cow site where PCM should now be ordered to repay every single victim back.

    david.dunford@dvla.gsi.gov.uk
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • I-LOV-MONEY
    • By I-LOV-MONEY 29th Jan 18, 5:31 PM
    • 1,014 Posts
    • 571 Thanks
    I-LOV-MONEY
    Hopefully AmoUK will post the DVLA response.

    I reposted the original post to a neighbourhood forum as I know a number of people who have been 'done' there will welcome this news.
    Thank you for reading this message.
    • AmoUK
    • By AmoUK 29th Jan 18, 6:38 PM
    • 32 Posts
    • 49 Thanks
    AmoUK
    A press report in April 2017 related to a Barnet council meeting suggested that PCM may have netted 1million+ from this heath parade "scam", no wonder the nasty Ms Sunglasses can be employed to roll their cash cow. This needs to be ended and everyone who has paid should claim a refund as PCM never had legal authority to charge for parking at Heath Parade.

    I read that Barnet council is going to take over Heath Parade and make it combined loading and short term parking by summer 2018. ill post a link to article once i find it again.
    • AmoUK
    • By AmoUK 29th Jan 18, 6:46 PM
    • 32 Posts
    • 49 Thanks
    AmoUK
    here is a link to the article (not sure if it will show)
    http://www.barnetlabour.org.uk/labour_secure_result_on_poorly_signed_loading_bay_ where_estimated_1million_in_parking_fines_issued
    • AmoUK
    • By AmoUK 29th Jan 18, 6:52 PM
    • 32 Posts
    • 49 Thanks
    AmoUK
    are the DVLA going to allow the IPC to sweep this under the carpet, about a well-known cash-cow site where PCM should now be ordered to repay every single victim back.
    You do know that PCM and IPC share directors? Its just another scam, nothing independent about IPC or their fake parking adjudication service.

    I had the companies house documents in my bundle too of both companies to show that WIlliam Kenneth Hurley is a director of Gladstones Solicitors Limited as well as IPC (which is the trading name of United Trade and Industry Limited.

    It also called into question Gladstones trying to add "50 legal costs" to the PCM claim when they in fact are a virtual party to the proceedings.
    • Coupon-mad
    • By Coupon-mad 29th Jan 18, 7:00 PM
    • 59,444 Posts
    • 72,604 Thanks
    Coupon-mad
    We all know about the IPC and Gladstones sharing Directors. We've known it for many years.

    PCM do not.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • AmoUK
    • By AmoUK 29th Jan 18, 7:33 PM
    • 32 Posts
    • 49 Thanks
    AmoUK
    sorry you are right, not PCM. But still very incestuous that the solicitor acting for the claimant PCM is also sharing a director with a supposedly independent parking adjudicator

    (but looking at the types of agent that turn up to represent them in court, it seems to me lots of inbreeding has gone on among this nasty gang of dishonest scammers)
    • I-LOV-MONEY
    • By I-LOV-MONEY 29th Jan 18, 10:15 PM
    • 1,014 Posts
    • 571 Thanks
    I-LOV-MONEY
    Just to add to this, there is some new built property on a road a few hundred yards away from Heath Parade. There is some private off-road parking which is also controlled by PCM. Mrs Sunglasses goes there as well. Is there a quick / easy way of finding out if they own / have permission to operate there?
    Thank you for reading this message.
    • I-LOV-MONEY
    • By I-LOV-MONEY 29th Jan 18, 10:29 PM
    • 1,014 Posts
    • 571 Thanks
    I-LOV-MONEY
    Can others read it? When I go there, it says Page not available.
    Thank you for reading this message.
    • KeithP
    • By KeithP 29th Jan 18, 10:39 PM
    • 8,026 Posts
    • 7,882 Thanks
    KeithP
    Same here. I get: "The page you were looking for was not found."

    But this link works.
    Last edited by KeithP; 29-01-2018 at 10:47 PM.
    .
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