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PCM Parking fine - Heath Parade NW9 - CCJ stage

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245

Comments

  • itsmepip
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    Goodmorning good people and hope everyone is already geared up for the holidays !
    So, there's the thing. Got a letter from CCBC saying that we will be notified of a date for the hearing.
    Does that mean a district judge has already had a look at the application and that we will get a Directions Questionnaire soon ?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
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    Read post 2 of the newbies, and read it again.
  • itsmepip
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    thanks for the index - [loadsofchilren123's detail post]- slipped my mind,,
  • itsmepip
    itsmepip Posts: 19 Forumite
    edited 12 January 2018 at 11:28PM
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    Happy new year 2018 everyone.
    So here’s a bit of progress - we have received a notice about a hearing date - but that is it.
    The letter does not state anything else about by what date I need to file for evidence etc.
  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
    Name Dropper First Post Photogenic First Anniversary
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    So what does it say, and is this the hearing where you make your case to have the CCJ set aside?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • itsmepip
    itsmepip Posts: 19 Forumite
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    Yes. We had applied for the default CCJ to be set aside.
    What we got is a Notice of Hearing of Application.
    With a date and time and address.
  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    OK that is normal for a set aside scenario. Read lots of other recent set aside cases by searching.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 14 January 2018 at 8:06PM
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    This is a well know scam site. Some reading

    https://www.google.co.uk/search?sourceid=navclient&hl=en-GB&ie=UTF-8&rlz=1T4GUEA_en-GBGB707GB707&q=Heath+parade+parking+prankster&gws_rd=ssl

    read the first four and if you feel that the PPC has used your details from the DPA and used them inappropriately file a counter claim for wrongful data offences. Also consider a claim for unreasonable conduct, Gladstones must know that they have little chance of winning on this site.
    You never know how far you can go until you go too far.
  • AmoUK
    AmoUK Posts: 32 Forumite
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    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 do not have authority of the freeholder to levy parking charges (as at 29th Jan 2018). 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.

    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 these transfers relate to a block of flats 100 metres 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 my explanation.

    he gave the Gladstones rep repeated opportunity to address the points, which he obviously failed as the facts were self evident. this was the 2nd hearing as the 1st hearing was adjourned as the judge wanted to give PCM/Gladstones further chance to prove whether they had the freeholders authority and to provide more documents - the documents they came up with turned out to be a pathetic attempt to mislead the court.

    If you need a copy of the Land Registry docs and/or my Defence, feel free to message me.


    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 conduct, failure to provide grace period as per IPC code etc). By the way, the IPC claiming to be an independent parking adjudicator is yet another PCM scam - they share the same directors so not independent at all!
  • itsmepip
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    Thanks, @TheDeep.

    I’ve hopefully read as much as possible and done as much research as a non legal person can do now I’m just waiting for the hearing.
    Though my priority is to get the CCJ struck off, will consider a counterclaim !
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