Heath Parade NW9 again. NTK received. Ignore or appeal?

keekstuff · 13 June 2017 at 6:10PM

Hello again everyone.
*** Update 12th Feb 2019 ***
Won in court based on common sense.

*** 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... :mad:.

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.

Redx · 13 June 2017 at 6:11PM

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

Coupon-mad · 13 June 2017 at 6:13PM

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.

Umkomaas · 13 June 2017 at 6:18PM

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.

keekstuff · 14 June 2017 at 12:57PM

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 · 12 August 2018 at 1:21AM

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.

Fruitcake · 12 August 2018 at 8:59AM

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.

KeithP · 12 August 2018 at 12:16PM

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 · 13 August 2018 at 9:25AM

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 · 13 August 2018 at 10:37AM

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.

KeithP · 13 August 2018 at 1:06PM

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.

Heath Parade NW9 again. NTK received. Ignore or appeal?

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