CPM, Received a PCN was just dropping off my daughter! |
CPM, Received a PCN was just dropping off my daughter! |
Thu, 29 Sep 2016 - 16:53
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#1
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Member Group: Members Posts: 76 Joined: 21 May 2014 Member No.: 70,802 |
Hi,
I took my daughter to the hairdresser. I took her into the salon whilst my other daughter stayed in the car (only few seconds inside) when I came out there were 2 guys standing on the other side of the road, one had a body camera around his chest. I thought nothing of it until I received the PCN through the post. I'm fuming as I didn't see a sign but when I've gone back to check there's a sign on the other side of the rd from where I parked. Any advise much appreciated |
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Thu, 29 Sep 2016 - 16:53
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Advertise here! |
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Sat, 29 Oct 2016 - 21:52
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#41
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Member Group: Members Posts: 76 Joined: 21 May 2014 Member No.: 70,802 |
Hi cabbyman yes I have contacted my local authority & was told that somebody would get back to me but I have yet t receive a reply.
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Sat, 29 Oct 2016 - 23:20
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#42
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Chase them when you can
They state there is categorically no cNtract was ever offered - no roadway parking - yet claim a breach of contract occurred. Usual legal nonsense from them. |
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Sun, 30 Oct 2016 - 23:13
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#43
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Member Group: Members Posts: 2,356 Joined: 30 Jun 2008 From: Landan Member No.: 20,731 |
Chase them when you can They state there is categorically no cNtract was ever offered - no roadway parking - yet claim a breach of contract occurred. Usual legal nonsense from them. It would also be helpful to see the wording on the signs, but the general idea is that they cannot offer a "parking contract" if they're not giving you anything in return for your agreement (e.g., allowing you to park there). --Churchmouse |
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Wed, 2 Nov 2016 - 14:07
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#44
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Member Group: Members Posts: 76 Joined: 21 May 2014 Member No.: 70,802 |
Hi chrurchmouse I will return & take some photos but one of them is halfway up a post!
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Wed, 2 Nov 2016 - 14:31
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#45
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Member Group: Members Posts: 6,898 Joined: 15 Dec 2007 From: South of John O'Groats, north of Cape Town. Member No.: 16,066 |
Even better! Make sure the post and ground are in shot to give it context!
-------------------- Cabbyman 11 PPCs 0
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Wed, 2 Nov 2016 - 15:33
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#46
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Member Group: Members Posts: 8,582 Joined: 9 Feb 2006 Member No.: 4,813 |
From the rejection letter it is clear this is yet another prohibitive parking case.
I would be interested in the response you get to the letter I knocked up today for just such an event. I've suitably altered it to fit your own circumstances. By the way, since this is a CEL case and a further appeal isn't worthwhile I think this letter will give you wriggle room if they fail to address it properly. ---------------------------------------------- Name and address Date Ref PCN ***** I acknowledge receipt of the rejection to my appeal in connection with an alleged parking situation. I have considered this matter in some depth and sought legal advice on it. I am not at all convinced that there was a breach of a contract for parking, as you allege. In fact I dispute that any contractual arrangement was offered to the driver. To fall foul of a contractual arrangement, there must be an offer, consideration then acceptance of the terms and conditions of the contract, followed by a breach of them. The signs at the mentioned location do not satisfy this legal requirement. Instead they are prohibitive by nature stating "NO PARKING ON ROADWAY AT ANY TIME". This is also shown clearly on your rejection letter. It's clear then that parking is forbidden thus cannot become a contractual agreement as you cannot contract with a driver to do something you disallow. Whilst you may have reason to believe that some sort of contravention took place I would happily agree to it being an accidental matter of trespass, which is actionable only by the landholder, whoever that party may be. If you would pass on my details to the rightful landholder I will answer directly to them by way of an apology for the oversight in this matter and if they wish to continue the dialogue at least you are not further disadvantaged by having to act as a go-between. This post has been edited by Lynnzer: Wed, 2 Nov 2016 - 15:34 -------------------- The Asda shopping trolley parking ticket enthusiast
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Tue, 8 Nov 2016 - 16:43
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#47
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Member Group: Members Posts: 76 Joined: 21 May 2014 Member No.: 70,802 |
These are the photos that I've taken today. I still haven't heard back from the council in regard to the current status of the rd. I called again today & was told that someone would be in contact.
Thank you Lynnzer for your letter its very much appreciated :-) please note that the last photo is a close up of the sign that is half way up a post. The other sign is on the other side of the rd. Sorry that the photos are angled to one side. |
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Tue, 8 Nov 2016 - 20:22
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#48
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Member Group: Members Posts: 6,898 Joined: 15 Dec 2007 From: South of John O'Groats, north of Cape Town. Member No.: 16,066 |
-------------------- Cabbyman 11 PPCs 0
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Wed, 9 Nov 2016 - 14:33
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#49
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Member Group: Members Posts: 76 Joined: 21 May 2014 Member No.: 70,802 |
Hi, I've just received a phone call from the council. They have informed me that there is no such road called "The Meads" which is where CPM are saying that the offence has taken place. The name of the road is Quartz Way Sittingbourne ME10 5AB. The current status is public rd.
Should I write a letter stating that the name of the rd given is incorrect? Thank you all for your help & advice :-) |
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Wed, 9 Nov 2016 - 14:42
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#50
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
State both!
That the road is adopted, and that the road they are claiming the contravention occured does not exist Suggest they carefully review their records, to ensure they have not been ticketing on an adopted road, which could be seen as an offence under the Fraud Act 2006 |
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Wed, 9 Nov 2016 - 17:41
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#51
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Member Group: Members Posts: 6,898 Joined: 15 Dec 2007 From: South of John O'Groats, north of Cape Town. Member No.: 16,066 |
Be absolutely certain the car was parked on Quartz Way and then write to Swale BC and Kent CC (No harm in both!) advising them that CPM are attempting to charge drivers for parking on public roads.
-------------------- Cabbyman 11 PPCs 0
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Thu, 10 Nov 2016 - 10:22
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#52
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Member Group: Members Posts: 76 Joined: 21 May 2014 Member No.: 70,802 |
Morning,
I wanted to make sure that before I write the letter everything is correct. I called the chemist which is on the rd where I "parked" & asked for their full address as there seems to be some confusion with KCC as they're saying that they don't recognise this rd but instead refer to "The Meads Avenue" which is in a different location. The address given by the hairdressers is; Unit 2 Quartz Way The Meads ME10 5AB KCC have now told me that they don't own the road "Quartz Way". I'm totally confused by all this now & unsure as to how I should proceed. |
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Thu, 10 Nov 2016 - 10:51
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#53
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Member Group: Members Posts: 11,094 Joined: 24 Aug 2007 From: Home alone Member No.: 13,324 |
QUOTE KCC have now told me that they don't own the road "Quartz Way". But it is adopted as a public highway. That's the key issue. It's on their list. |
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Thu, 10 Nov 2016 - 10:59
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#54
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Theyve adopted it. not the same thing as owning it
Adoption is the key point; it is public highway, PPCs cannot ticket there as they cannot have authority from the landholder, the council. |
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Mon, 14 Nov 2016 - 09:05
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#55
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Member Group: Members Posts: 76 Joined: 21 May 2014 Member No.: 70,802 |
Hi, I've totally confused myself & unsure now as to how I should be addressing my letter now
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Mon, 14 Nov 2016 - 11:25
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#56
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
They have adopted the road
Therefore the council is in charge of enforcing any parking controls THEY put in place NOT a private company It doesnt mean they own the actual land the road goes over. Stop. Reread. Youre still telling the council that a road THEY are controlling has a private car company claiming THEY are controlling it and colelcting money for the privilege. |
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Mon, 14 Nov 2016 - 13:44
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#57
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Member Group: Members Posts: 76 Joined: 21 May 2014 Member No.: 70,802 |
I’m going to send this letter, before I do wanted to make sure that I’ve worded it ok? & if I need to add anything.
Dear Sir/Madam, In regard to your letter sent on the 27th October 2017. I would like to point out that the rd your are claiming the offence took place is indeed owned by the council therefore you’re unable to issue tickets. I would suggest that your carefully review your records to ensure that you’re not issuing tickets on an adopted road as this could be seen as an offence under the Fraud Act 2006. Does this sound ok? |
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Mon, 14 Nov 2016 - 13:54
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#58
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
OK
We told you four times the phrase: ADOPTED. Not an offence. Breach of contract. Offence would be criminal. I would talk to the council about a private company ticketing on public roads... |
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Tue, 15 Nov 2016 - 10:09
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#59
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Member Group: Members Posts: 76 Joined: 21 May 2014 Member No.: 70,802 |
thank you for pointing that out nosferatu1001 but my confusion is that I'm not sure what I should be replying back to CPM as I need to make sure that I'm accurate in what I say & I'm sure you can appreciate from my previous posts that I'm baffled by it all & unsure on the correct terminology.
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Tue, 15 Nov 2016 - 10:10
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#60
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Talk to the council first. htey should be interested in a company ticketing on their adopted roads
Use the phrase "adopted road". post 50 gave you some pointers. Adoption is not the same as owning. adoption is "we will look after this..." as opposed to "we own this" |
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