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  • FIRST POST
    • tomeo007
    • By tomeo007 10th Jan 18, 3:01 PM
    • 33Posts
    • 1Thanks
    tomeo007
    wrong registration number on PCN, please help
    • #1
    • 10th Jan 18, 3:01 PM
    wrong registration number on PCN, please help 10th Jan 18 at 3:01 PM
    hi
    I hope you are well
    I have found parking PCN ticked from (CPM - Uk car park managment, BPA, IPC member)
    I found on it wrong REG on it , instead "M" is "W". They also have a photo evidence.
    Following the advice from the forum I have ignore the PCN.
    (I have checked payticked. website to confirm an error, I have screenshot with wrong details aswell).
    I have received from them Formal Demant. with the same ticket number but with corrected by them Reg number, I have found on the website they also change REG number to correct one.

    I have PCN from my windscreen and screenshot from the website.

    Could you please give me advice how to appel.

    Regards

    Tom
Page 3
    • Umkomaas
    • By Umkomaas 18th Oct 18, 2:26 PM
    • 22,480 Posts
    • 35,394 Thanks
    Umkomaas
    While waiting, prepare yourself on how to deal with it by re-reading post #2 of the NEWBIES FAQ sticky thread.
    I agree with Keith.

    You do really need to get ahead of this via plenty of research to enhance your knowledge and understanding of the issues surrounding your case - that way you give yourself the best chance of success.

    Just coming back each time something happens and asking 'What should I do now?', always leaves you on the back foot. You need to get a better understanding of what might happen next (via searching the forum for broadly similar cases) and get yourself ready so you know what you do when it happens.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • johri3
    • By johri3 18th Oct 18, 4:56 PM
    • 1 Posts
    • 0 Thanks
    johri3
    Smart Parking
    Hi all

    I parked in a hotel. As usual i paid for the parking via telephone. I have a bank statement to prove i paid. A few days later i got a letter from Smart parking stating that i had paid for different vehicle.
    I find this absolutely ridiculous - i have contacted them via their online system to explain all this. However they are insisting on fining me - even though i can prove i paid . Surely it is their fault if their system does not work?
    I have been told i can lodge an appeal via Popla or via the Ombudsman services.
    Any advice would be gratefully received.

    All the best
    Rishi
    • Umkomaas
    • By Umkomaas 18th Oct 18, 5:00 PM
    • 22,480 Posts
    • 35,394 Thanks
    Umkomaas
    Any advice would be gratefully received.
    Read the NEWBIES FAQ sticky, post #1 to understand the game you've now entered. Please do not hijack another poster's thread - please start a new one of your own if you can't sort this out from following advice in the sticky. Smart are easy to outsmart!
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • KeithP
    • By KeithP 18th Oct 18, 5:02 PM
    • 13,633 Posts
    • 14,876 Thanks
    KeithP
    Any advice would be gratefully received.
    Originally posted by johri3
    The best advice for you at this stage is to start your own thread.

    Trying to deal with two different issues with two different people in one thread can only lead to confusion.

    Can I please ask that you then delete your post from this thread?

    Thank you for your understanding.
    .
    • tomeo007
    • By tomeo007 9th Nov 18, 4:32 PM
    • 33 Posts
    • 1 Thanks
    tomeo007
    Hi
    I just received Claim Form,
    https://imgur.com/a/c2ubf5d
    • tomeo007
    • By tomeo007 9th Nov 18, 6:32 PM
    • 33 Posts
    • 1 Thanks
    tomeo007
    Please advise how to disagree with the claim.
    Do it online or by post, how to prepare defense.
    Send them all proofs or defense letter only.
    I have start new thread followed Cupon-Mad but Quentin advise to continue this one


    many thanks
    • Umkomaas
    • By Umkomaas 9th Nov 18, 6:38 PM
    • 22,480 Posts
    • 35,394 Thanks
    Umkomaas
    Please advise how to disagree with the claim.
    Do it online or by post, how to prepare defense.
    Send them all proofs or defense letter only.
    I have start new thread followed Cupon-Mad but Quentin advise to continue this one


    many thanks
    Originally posted by tomeo007
    All contained in the NEWBIES FAQ sticky, post #2. Everything from dealing with the claim form right through to the hearing (and everything in between).
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • KeithP
    • By KeithP 9th Nov 18, 11:41 PM
    • 13,633 Posts
    • 14,876 Thanks
    KeithP
    What is the Issue Date on your Claim Form?
    .
    • tomeo007
    • By tomeo007 12th Nov 18, 7:47 PM
    • 33 Posts
    • 1 Thanks
    tomeo007
    Issue Date: 08 Nov 2018
    • Coupon-mad
    • By Coupon-mad 12th Nov 18, 8:03 PM
    • 68,577 Posts
    • 80,821 Thanks
    Coupon-mad
    OK so we will help when we see your draft defence, as Umkomaas pointed you where to read.

    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
    • KeithP
    • By KeithP 12th Nov 18, 8:04 PM
    • 13,633 Posts
    • 14,876 Thanks
    KeithP
    Issue Date: 08 Nov 2018
    Originally posted by tomeo007
    With a Claim Issue Date of 8th November, you have until Tuesday 27th November to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

    Having done the AoS, you then have until 4pm on Tuesday 11th December 2018 to file your Defence.

    That's over four weeks. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


    When you are happy with the content, your Defence should be filed via email as suggested here:
    1. Print your Defence.
    2. Sign it and date it.
    3. Scan the signed document back in and save it as a pdf.
    4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    5. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
    6. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
    7. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
    8. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.
    Last edited by KeithP; 08-12-2018 at 1:30 PM.
    .
    • tomeo007
    • By tomeo007 14th Nov 18, 4:37 PM
    • 33 Posts
    • 1 Thanks
    tomeo007
    Hi
    I have study some NEWBIES forum and found some threads apply to my defense, please check and rate my draft, many thanks.


    CLAIM No: xxxxxxxxxx
    BETWEEN:
    UK CAR PARK MANAGEMENT LTD (Claimant)
    -and-
    xxxxxxxxxxx (Defendant)
    1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.
    2. The Particulars of Claim state that the Defendant was the registered keeper and/or the driver of the vehicle(s). These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.
    3. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.
    4. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.
    5. Registration mark on the summons (PCN) did not relate to Defendant vehicle or any vehicle that Defendant had ever own.
    6. Parking charge notice (PCN) shows different Vehicle registration number and do not match details of the car. Formal Demand (NTK) contain incorrect the Vehicle registration number do not match data from original Notice (number xxxxx) Notice To Driver (NTD) do not mirror the details on the Notice To Keeper (NTK) and therefore does not meet the strict requirements of the POFA 2012 and should be cancelled.
    7. Vehicle was parked before the gate entrance of residential estate (few meters before information board) Information board suggest the controlled zone applies beyond the gates. There are no any signs and information (from the main road to the gate) the parking is forbidden, there are also no others marks like yellow or red lines or information boards.
    8. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case 100. The claim includes an additional 60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.
    9. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.
    I believe the facts contained in this Defence are true.
    Name
    Signature
    Date
    • tomeo007
    • By tomeo007 6th Dec 18, 2:22 PM
    • 33 Posts
    • 1 Thanks
    tomeo007
    Hi
    4. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.


    It is not apply to my case, leave it or remove?
    • tomeo007
    • By tomeo007 8th Dec 18, 1:14 PM
    • 33 Posts
    • 1 Thanks
    tomeo007
    hi
    Could you help me with this draft defence?
    Any sugestions?


    Thanks
    • Pirate Parker
    • By Pirate Parker 8th Dec 18, 3:04 PM
    • 39 Posts
    • 14 Thanks
    Pirate Parker
    I've read a case before where the driver could not be held liable for parking as the only sign was on the entrance and it had the full terms like you showed here. A driver can't read the full terms while driving past a sign as he would be driving without due care or whatever. I can't find the link to show it though - perhaps someone else will have knowledge of this and be able to link it.
    • tomeo007
    • By tomeo007 8th Jan 19, 2:00 PM
    • 33 Posts
    • 1 Thanks
    tomeo007
    Hi

    I have received letter from Gladstons with attached filled N180 form with "paper only request"
    And form N159 Notice of Allocation to the small claims Track.
    Should I replay to the court or wait for court action following court letter I have received.
    Court should send to me form N159 "Directiond questionare (Small Claims Track)?
    Thank you.
    • nosferatu1001
    • By nosferatu1001 8th Jan 19, 2:55 PM
    • 5,010 Posts
    • 6,113 Thanks
    nosferatu1001
    As you will know from reading around, before asking, this is the usual tactic from Gladstones
    You will also know, because you will have read and reread post 2 of the newbies thread, that you will be completing form N180
    • tomeo007
    • By tomeo007 8th Jan 19, 3:29 PM
    • 33 Posts
    • 1 Thanks
    tomeo007
    Thank you.
    Yes, I have read post 2 from newbies, but form N159 has point B: I do not agree that the claim Should be dealt with on the papers alone.
    That point made me confused.
    So, no action needed and wait for N180 from the court.
    • KeithP
    • By KeithP 8th Jan 19, 4:34 PM
    • 13,633 Posts
    • 14,876 Thanks
    KeithP
    Hi

    I have received letter from Gladstons with attached filled N180 form with "paper only request"
    And form N159 Notice of Allocation to the small claims Track.
    Should I replay to the court or wait for court action following court letter I have received.
    Court should send to me form N159 "Directiond questionare (Small Claims Track)?
    Thank you.
    Originally posted by tomeo007
    Don't points 7 and 8 in the list in post #51 go a good way towards answering that question?
    .
    • Coupon-mad
    • By Coupon-mad 9th Jan 19, 12:26 AM
    • 68,577 Posts
    • 80,821 Thanks
    Coupon-mad
    So, no action needed and wait for N180 from the court.
    Originally posted by tomeo007
    Or you can download one yourself and put the usual covering letter with it.

    This is already fully covered in the NEWBIES thread where that Gs letter is mentioned, to try to stop threads about it every day/week.

    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
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