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  • FIRST POST
    • keekstuff
    • By keekstuff 13th Jun 17, 6:10 PM
    • 12Posts
    • 8Thanks
    keekstuff
    Heath Parade NW9 again. NTK received. Ignore or appeal?
    • #1
    • 13th Jun 17, 6:10 PM
    Heath Parade NW9 again. NTK received. Ignore or appeal? 13th Jun 17 at 6:10 PM
    Hello again everyone.

    *** Update 12th Aug 2018 ***
    Well over a year since this first came up, we received a country court business center claim form (strangely, without receiving a Letter Before Claim, unless I misunderstood and this -IS- the letter before claim).

    Lots has happened to the site since the original post :
    - Council has taken over the layby
    - Forum Member AmonUK / zaklondon found that PCM never had authority of the freeholder!

    Although I am not sure how to file my defense just yet, as previous tickets never reached this far, I will read through some threads and am now in the process drafting up a defense based on:
    - Authority of the freeholder
    - improper signage
    - grace period
    - predatory tactics.


    *** Original Post from 13th Jun 2017***
    You helped me fight a parking ticket last year. I'm back again because of the infamous Heath Parade / PCM site. The more I find out about this site... .

    My partner stopped there for 3 minutes. No ticket was given, but we received the NTK from PCM. The timestamp on their photo evidence showed her back at the car 3 minutes after the alleged incident.


    I've trawled through the other threads and links and a bit confused whether to

    1) ignore until court papers come through (e.g. BMPA Insights / Parking Control Management)

    or

    2) start the appeal process (e.g. also via BMPA Insights, how to appeal.) I wonder if them failing at court recently will mean they get a bit weary about push-backs.


    Just thinking ahead, if we use the unnamed driver approach (IPC template appeal, newbie thread), I can't use PCM's own evidence against them, as it shows the driver back at the car.

    Thanks for helping me decide the first step.
    Last edited by keekstuff; 12-08-2018 at 1:20 AM. Reason: Update - Received a County Court Letter
Page 1
    • Redx
    • By Redx 13th Jun 17, 6:11 PM
    • 18,851 Posts
    • 23,849 Thanks
    Redx
    • #2
    • 13th Jun 17, 6:11 PM
    • #2
    • 13th Jun 17, 6:11 PM
    2)

    ie:- ALWAYS APPEAL to the PPC, never ignore , never reveal who was driving

    after that its IGNORE unless an LBC or an MCOL arrives

    frankly, I cannot believe they are still sc@mming at that site

    and the NEWBIES sticky thread explains all this
    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-mad
    • By Coupon-mad 13th Jun 17, 6:13 PM
    • 60,110 Posts
    • 73,243 Thanks
    Coupon-mad
    • #3
    • 13th Jun 17, 6:13 PM
    • #3
    • 13th Jun 17, 6:13 PM
    As it shows the driver, I would appeal as driver. In this case only.

    This is a scam site and a driver defendant, admitting they were driving but were not given a fair chance to read the terms before predatory PCM swooped, would be a decent defence (plus a few other usual defence points). So, forget replying as keeper, for this one.
    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.

    • Umkomaas
    • By Umkomaas 13th Jun 17, 6:18 PM
    • 18,914 Posts
    • 29,786 Thanks
    Umkomaas
    • #4
    • 13th Jun 17, 6:18 PM
    • #4
    • 13th Jun 17, 6:18 PM
    I was going to link you to Parking Prankster's blogs on Heath Parade, but there are so many of them I think it best if you just do a Google search on 'Parking Prankster Heath Parade' and read them all at your leisure. They will all help you.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • keekstuff
    • By keekstuff 14th Jun 17, 12:57 PM
    • 12 Posts
    • 8 Thanks
    keekstuff
    • #5
    • 14th Jun 17, 12:57 PM
    • #5
    • 14th Jun 17, 12:57 PM
    Thanks everyone. Going ahead with appeal as driver. Re-reading newbie thread, parking prankster blog posts and the various threads here on MSE. Just wow!

    I'll be back with an update when I get one from them.
    • keekstuff
    • By keekstuff 12th Aug 18, 1:21 AM
    • 12 Posts
    • 8 Thanks
    keekstuff
    • #6
    • 12th Aug 18, 1:21 AM
    • #6
    • 12th Aug 18, 1:21 AM
    Well, over a year since this first came up, we received a country court business center claim form (strangely, without receiving a Letter Before Claim, unless I misunderstood and this -IS- the letter before claim).

    Lots has happened to the site since the original post (Sorry no newbie links)
    - Council has taken over the layby
    - Forum Member AmonUK / zaklondon found that PCM never had authority of the freeholder!

    Assuming that I missed the boat on Practice Direction, I need to read up on best way to respond to these corut papers (previous tickets never reached this far). I will read through some threads and am now in the process drafting up a defense based on:
    - Authority of the freeholder
    - improper signage
    - grace period
    - predatory tactics.
    Last edited by keekstuff; 12-08-2018 at 1:38 AM. Reason: Clarifying LBC
    • Fruitcake
    • By Fruitcake 12th Aug 18, 8:59 AM
    • 37,208 Posts
    • 83,934 Thanks
    Fruitcake
    • #7
    • 12th Aug 18, 8:59 AM
    • #7
    • 12th Aug 18, 8:59 AM
    Follow the guide to court written by bargepole that you will find in post 2 of the NEWBIES. This will take you step by step through the process.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • KeithP
    • By KeithP 12th Aug 18, 12:16 PM
    • 8,673 Posts
    • 8,586 Thanks
    KeithP
    • #8
    • 12th Aug 18, 12:16 PM
    • #8
    • 12th Aug 18, 12:16 PM
    Having received a Claim Form, the first thing you need to do is the Acknowledgement of Service as described in a dropbox file linked from that post that Fruitcake mentioned.

    That will buy you an extra fourteen days to prepare your Defence.

    What is the Date of Issue on your Claim Form?
    .
    • keekstuff
    • By keekstuff 13th Aug 18, 9:25 AM
    • 12 Posts
    • 8 Thanks
    keekstuff
    • #9
    • 13th Aug 18, 9:25 AM
    • #9
    • 13th Aug 18, 9:25 AM
    10th August. I think the first 14 days applies to 5 days after the date stated, so I will first acknowledge and gain an extra 14 days to prepare Defence.

    Cheers guys!
    • The Deep
    • By The Deep 13th Aug 18, 10:37 AM
    • 9,968 Posts
    • 9,765 Thanks
    The Deep
    I cannot believe that they are going to court. There is so much evidence that this is a scam.

    Can you not call Mrs Sunglasses as a witness and question her on the instructions she has been given by her employers re mitigating losses.
    You never know how far you can go until you go too far.
    • KeithP
    • By KeithP 13th Aug 18, 1:06 PM
    • 8,673 Posts
    • 8,586 Thanks
    KeithP
    With a Claim Issue Date of 10th August you have until Wednesday 29th August to do the AoS, but there is nothing to be gained by delaying that.

    Having done the AoS you then have until 4pm on Wednesday 12th September to file your Defence.
    .
    • keekstuff
    • By keekstuff 16th Aug 18, 2:22 PM
    • 12 Posts
    • 8 Thanks
    keekstuff
    One crucial defence point I'm trying to put together is to challenge whether PCM had power to enter a contract in the first place, through authorisation from the land owner. Based on Sainsbury's address next to the lay by, I dug up a copy of the land registry (NGL931573) and it matches with zaklondon's post

    hxxps://forums.moneysavingexpert.com/showthread.php?t=5578291&highlight=heath+parade&pa ge=3#57



    Although I have paid for a copy of the land registry through HM land registry site, it appears to not be admissible in court and refers to maps not available in the download.

    I am 3 links deep into www.gov.uk/get-information-about-property-and-land site to figure out how to request official copies, but I'm drowning in tabs. Is there a guide?
    • KeithP
    • By KeithP 16th Aug 18, 3:08 PM
    • 8,673 Posts
    • 8,586 Thanks
    KeithP
    Although I have paid for a copy of the land registry through HM land registry site, it appears to not be admissible in court and refers to maps not available in the download.

    I am 3 links deep into www.gov.uk/get-information-about-property-and-land site to figure out how to request official copies, but I'm drowning in tabs. Is there a guide?
    Originally posted by keekstuff
    Despite what it says, that Land Registry stuff is good enough for your purpose.
    .
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