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  • FIRST POST
    • jrc123
    • By jrc123 30th May 17, 10:53 AM
    • 148Posts
    • 34Thanks
    jrc123
    Fine after 30seconds
    • #1
    • 30th May 17, 10:53 AM
    Fine after 30seconds 30th May 17 at 10:53 AM
    Dear Members
    Sorry if this has been answered before.

    I drove down a public road which PCM Ltd operate.


    I drove down the road stopped with my car running got out to read the sign which says no parking. I then turned around to see someone taking a photo of my car.

    I told them i am not parking and now moving and drove off. All this happening in a space of 30seconds which are also shown on the images on the PCM website.

    When i received the fine i stupidly appealed saying I had to pull over as i was unwell to take something out of my boot and the car was running. Still also in the 30 second time frame.

    My appeal was rejected what can i do now?
    thanks for the help
    Last edited by jrc123; 20-07-2018 at 10:50 AM.
Page 11
    • jrc123
    • By jrc123 9th Apr 18, 7:00 PM
    • 148 Posts
    • 34 Thanks
    jrc123
    i checked the first parking invoice was for the registered keeper...not I

    so i cant counterclaim?

    could i not counterclaim for distress and time for making my defence and bylaws?

    i dont want to go to out o my depth - but i can handle the work :-)
    • Coupon-mad
    • By Coupon-mad 9th Apr 18, 7:04 PM
    • 61,732 Posts
    • 74,635 Thanks
    Coupon-mad
    You could try, using the Protection from Harassment Act instead.

    Do you think it's worth a 25 punt up front, and another 25 at hearing stage? Maybe, but it's untested.

    If you are up for it, but you would have to re-write the entire counter claim as almost none of it would make sense, and you couldn't use Vidal Hall or Halliday, you could however use Ferguson v British Gas!
    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
    • jrc123
    • By jrc123 9th Apr 18, 7:18 PM
    • 148 Posts
    • 34 Thanks
    jrc123
    hmmm ill have a read into this one - going to research tonight.

    CM as always thanks for the help ill be back with more updates
    • jrc123
    • By jrc123 12th Apr 18, 10:40 AM
    • 148 Posts
    • 34 Thanks
    jrc123
    Hi all,

    I filed my defense 48 hours ago and this morning I have recieved from Gladstones via email their directions questionaire completed. Im guessin this is a scare tactic?

    Another templeted message from them said :

    We act for the Claimant and have notified the Court of our Client!!!8217;s intention to proceed with the claim.

    Please find attached a copy of our Client!!!8217;s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing

    This request is sought simply because the matter is in our Client!!!8217;s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate.

    You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward.


    Yours sincerely


    Do i now wait for my question to fill in?

    I have read that to make sure this is not read on papers :-)
    • Umkomaas
    • By Umkomaas 12th Apr 18, 10:43 AM
    • 19,490 Posts
    • 30,830 Thanks
    Umkomaas
    How to deal with the DQ stage is covered in the NEWBIES FAQ sticky, post #2.
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Half_way
    • By Half_way 12th Apr 18, 11:18 AM
    • 4,273 Posts
    • 6,071 Thanks
    Half_way
    Who is client !!!88217; ?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • jrc123
    • By jrc123 12th Apr 18, 11:19 AM
    • 148 Posts
    • 34 Thanks
    jrc123
    sorry I think it is the way the text was copy and pasted ignore sorry
    • Le_Kirk
    • By Le_Kirk 12th Apr 18, 1:17 PM
    • 3,207 Posts
    • 2,126 Thanks
    Le_Kirk
    Who is client !!!88217; ?
    Originally posted by Half_way
    It's to do with people posting using devices with so called "Smart Punctuation" It should be turned off.

    This guide may help.

    How to Turn Off SmartPunctuation on Your iPhone and iPad
    • nigelbb
    • By nigelbb 12th Apr 18, 3:36 PM
    • 2,025 Posts
    • 2,818 Thanks
    nigelbb
    It's to do with people posting using devices with so called "Smart Punctuation" It should be turned off.
    Originally posted by Le_Kirk
    That isn't the problem. The issue is caused by the vBulletin software on which this forum runs not being set up to use UTF-8 Unicode characters. There is a simple fix that needs to be applied by the MSE technical people.
    • Le_Kirk
    • By Le_Kirk 12th Apr 18, 3:54 PM
    • 3,207 Posts
    • 2,126 Thanks
    Le_Kirk
    That isn't the problem. The issue is caused by the vBulletin software on which this forum runs not being set up to use UTF-8 Unicode characters. There is a simple fix that needs to be applied by the MSE technical people.
    Originally posted by nigelbb
    Maybe not the problem but it is certainly cured/eased when people do turn off Smart Punctuation. If you know the fix, could you post it on the Site Feedback sub-forum because it has been going on for quite a while now and the "technical people" don't seem either able or bothered to fix it.
    • StaffsSW
    • By StaffsSW 12th Apr 18, 4:16 PM
    • 5,464 Posts
    • 5,592 Thanks
    StaffsSW
    Just a thought, as I've had one land on my desk today for this very location, although it is not at court claim status.

    Looking at Streetview, I've seen these signs, side by side - https://goo.gl/maps/M1bTVeVdkzJ2

    On the acknowledgement of service, or defence form, is there a section that says something like it is in the wrong court system? If this is a breach of bye-law, it should be the Magistrates, not civil, and POFA doesn't apply?

    Sorry if this has ben covered - I'm just skim reading whilst drafting a "FRO" letter in reply at the moment....
    <--- Nothing to see here - move along --->
    • jrc123
    • By jrc123 12th Apr 18, 4:19 PM
    • 148 Posts
    • 34 Thanks
    jrc123
    hi not that I am aware of no.
    Just have fight them do the same process as I have done
    • IamEmanresu
    • By IamEmanresu 12th Apr 18, 5:26 PM
    • 3,299 Posts
    • 5,563 Thanks
    IamEmanresu
    Since they've gone from Graham Park Way, this seems to be their new wheeze. It will all unfold or unravel eventually.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • nosferatu1001
    • By nosferatu1001 12th Apr 18, 5:45 PM
    • 3,429 Posts
    • 4,270 Thanks
    nosferatu1001
    You can dispute jurisdiction , but I believe you will then have to file a proper application and pay the fee
    • jrc123
    • By jrc123 18th Jul 18, 4:49 PM
    • 148 Posts
    • 34 Thanks
    jrc123
    hi all so I have received my notice of allocation.

    I have read this point:

    5. The case file will then be transferred to your local County Court, and you will eventually receive a Notice of Allocation, giving you a date and time for the hearing. It will also specify a deadline for you to submit a Witness Statement, and any other documents you intend to rely on, usually 14 days before the hearing but sometimes earlier than that. Your Witness Statement can expand upon the points made in your original Defence, and must start with the following "I, Joe Bloggs, of 23 Acacia Avenue, Anytown, AN1 2BC, am the Defendant in this matter, and will say as follows". You should attach to your Witness Statement any evidence to support your assertions, eg photos of signage, etc. Optionally, you may also want to include a Skeleton Argument to flesh out the legal points, or you could include those as part of your Witness Statement.


    Are there any threads to read so i know what documents i should take along for this?
    Do i have to send this to the court and to Gladstones?

    Could i have some help on this

    thanks
    • jrc123
    • By jrc123 18th Jul 18, 4:51 PM
    • 148 Posts
    • 34 Thanks
    jrc123
    I have no witness as it was only myself - I take it I do not do a witness statement?
    • KeithP
    • By KeithP 18th Jul 18, 5:02 PM
    • 9,298 Posts
    • 9,574 Thanks
    KeithP
    You are a witness. You do a Witness Statement.

    This process, and answers to most, if not all, your questions, can be found in post #2 of the NEWBIES FAQ sticky thread.
    .
    • jrc123
    • By jrc123 18th Jul 18, 5:10 PM
    • 148 Posts
    • 34 Thanks
    jrc123
    so all these points apply to me from post 2:

    (a) a copy of the Beavis case sign as a comparison to show how awful the small print sign was in yours case

    (b) photos proving the scarce and illegible small print signs in your case, a view showing the lack of entrance signs, etc.

    (c) a video of how it looks from a car is good evidence! You can get a passenger to hold a camera or phone and record the lack of signs seen to the point of parking.

    (d) a copy of Schedule 4 of the POFA - there is a link to it in post #1 above. The Judge will NOT have this to hand & is unlikely to be familiar with it. This is only applicable if you are defending as keeper.

    (e) a copy of Henry Greenslade's wording from the POPLA Annual Report 2015 'Understanding Keeper Liability' if defending as keeper.

    (g) the case transcripts that support your argument (get them from the Parking Prankster's case law page), e.g. if arguing prohibitive 'forbidding parking' signs which offer no contract a driver can accept, you need PCM v Bull; if arguing that this is a residential space where the tenant/leaseholder has already been granted (impliedly or explicitly) the right to park or unload you need Jopson v Home Guard (a persuasive Appeal case heard by a Senior Circuit Judge) and PACE v Mr N, etc.

    (h) the IPC or BPA Code of practice, where it supports your case (e.g. the grace periods section 13 of the CoP in a BPA few minutes' 'overstay' claim).


    Do I copy and paste in the images into the document which I have of the road/signage?
    Where do I send this too once completed?

    thanks
    • jrc123
    • By jrc123 18th Jul 18, 5:13 PM
    • 148 Posts
    • 34 Thanks
    jrc123
    are there any posts of examples of witness statements so I can see the layout?
    • KeithP
    • By KeithP 18th Jul 18, 5:13 PM
    • 9,298 Posts
    • 9,574 Thanks
    KeithP
    Where do I send this too once completed?
    Originally posted by jrc123
    I'll answer that question by suggesting you re-read your Notice of Allocation.

    It tells you exactly what to do with all the 'documents you intend to rely on'.
    .
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