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HX Car park management con artists PCN
parkingcompanies...
post Mon, 2 Oct 2017 - 20:22
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Evening all. I've received a PCN from the above company. A driver was photographed (he thinks by a little man in a dark silver BMW 3 series touring) in a "No stopping area" on a Shell garage forecourt. The length of the stop according to the photographs is 7 minutes! The amount payable is for £60 rising to £100 after 14 days

Initial thoughts are;

1) Ignore

2) Send them a letter telling them I wont be naming the driver but they can pay me a £100 administration fee to find out who the driver was along with a fee schedule for dealing with the matter.


Thoughts?

TIA

ETA The stop was actually 7 minutes according to the photo time stamps.

This post has been edited by parkingcompaniesFOAD: Mon, 2 Oct 2017 - 21:04
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post Mon, 2 Oct 2017 - 20:22
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SchoolRunMum
post Mon, 2 Oct 2017 - 20:42
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Whatever you do, you will probably get Gladstones trying a small claim, despite the fact the pre-action Protocol has just changed yesterday which should make their robo-claims harder, they'll still try.

Google:

HX Car park management site:forums.moneysavingexpert.com

...and search this forum as well. This will end as and when you win a defended case in court, and no-one is going to tell you to pay unless a Judge tells you to. You are also marginally better not to ignore it, because you will be expected by any Judge, next year or whenever they swoop with a pathetic claim, to have narrowed the issues and not ignored the 'debt dispute' (yes, we all know it's nothing of the sort).

This post has been edited by SchoolRunMum: Mon, 2 Oct 2017 - 20:43
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SchoolRunMum
post Mon, 2 Oct 2017 - 20:42
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Sorry duplicate post!

This post has been edited by SchoolRunMum: Mon, 2 Oct 2017 - 20:42
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parkingcompanies...
post Tue, 3 Oct 2017 - 09:01
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Thanks for the reply, interesting! I’ve just had a read of the new protocol but can’t see that it’s much different from the old one! I have had great success getting rid of debt collectors in the past by fighting fire with fire, fee schedules, estoppels e.t.c so I’m not too concerned although I could do without the hassle.

A stopping charge though really? No double yellows either. It beggars belief.
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The Rookie
post Tue, 3 Oct 2017 - 09:06
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Double yellows have no meaning on private land.

What you need to do is get the exact wording on the signs plus how conspicuous they are, if you have to get out the car to read them then they can't enforce no stopping for example.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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parkingcompanies...
post Tue, 3 Oct 2017 - 09:20
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In order to do that it would be an hour and a half round trip, plus I’d probably get another fine for stopping to take photos biggrin.gif

Are they obliged to provide me a site diagram with a close up picture of the signs?
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The Rookie
post Tue, 3 Oct 2017 - 09:39
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You could look on Google street view, it can help.

No other way to get to see a copy, an hour and a half round trip is cheaper than £60!

You won't get this cancelled anyway so a simple letter stating that you as keeper aren't liable and they should contact the driver. then await the barrage of free (not very smooth) loo roll.



--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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kommando
post Tue, 3 Oct 2017 - 10:27
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QUOTE
Are they obliged to provide me a site diagram with a close up picture of the signs?


Only as evidence when the raise the roboclaim, and likely to be 'enhanced' to suit their position, always best to take your own or get someone closer to do it for you.
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parkingcompanies...
post Tue, 3 Oct 2017 - 11:27
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QUOTE (The Rookie @ Tue, 3 Oct 2017 - 10:39) *
You could look on Google street view, it can help.

No other way to get to see a copy, an hour and a half round trip is cheaper than £60!

You won't get this cancelled anyway so a simple letter stating that you as keeper aren't liable and they should contact the driver. then await the barrage of free (not very smooth) loo roll.


Good idea! Here is a google image of the signs position. The driver didn’t pay much attention to the one mounted on the jet wash as they’d thought it was just jet wash instructions! The one to the left would not be visible from the vehicles stopped position. The second photo is of the other end of the car park which is clearly marked as NO PARKING with yellow hatches. Which makes me think the area my driver was caught in is pure honey trap.

Let’s say I want to be a real pain in the arse. What can I do to really annoy these shysters?
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peterguk
post Tue, 3 Oct 2017 - 11:38
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QUOTE (parkingcompaniesFOAD @ Tue, 3 Oct 2017 - 12:27) *
The second photo


There isn't a second photo...


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parkingcompanies...
post Tue, 3 Oct 2017 - 12:38
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It won’t upload for some reason. It’s just 2 cars parked on yellow hatching:D
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nosferatu1001
post Tue, 3 Oct 2017 - 13:00
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USe tinypics etc to host it, READ ME FIRST sticky tells you how.
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parkingcompanies...
post Mon, 22 Jan 2018 - 22:22
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Hi I posted a while back about a driver Receiving a Ticket for stopping on a Petrol Station Forecourt for 7 Minutes - £100 Fine.

I responded to the original letter with a F.O. letter sent by recorded delivery Inviting them to pay me a £25 admin fee to name the driver. A few more letters came through and then they stopped but Now a County court claim form has arrived. Stupidly I thought I had 28 days to respond but apparently its 14 days plus 5 days after service which leaves me 4 more days after today!

The company is a member of the IPCC .

The signage was fairly sparse with no markings/hatchings and as the driver never left the vehicle he didn't read them, However they have since been massively improved with the addition of double yellows e.t.c. The driver remembers that the reason for stopping was a mechanical problem with the clutch pedal.

Here the letter I sent them, Names e.t.c removed for obvious reasons;

You issued one of my Drivers with a parking charge notice on 25/09/2017. In order for me to name the driver (which is not required of me as the keeper of the vehicle) I will require a £25.00 (TWENTY FIVE POUNDS) administration fee in the form of a cheque or postal order made payable to MR *******************.

In the event you should try to pursue me in this matter either as HX CAR PARK MANAGEMENT LTD, GLADSTONES SOLICITORS or any other names which your company goes by, any other third party debt collection companies instructed by yourselves without completing the above step, you agree to the terms of my fee schedule;

Written letter by Me - £75.00 (SEVENTY FIVE POUNDS)
Email by Me- £50.00 (FIFTY POUNDS)
Telephone call received by Me Per ten minutes - £25.00 (TWENTY FIVE POUNDS)
Telephone call made by Me Per ten minutes - £50 (Fifty Pounds)
Court appearance by Me (Per hour) - £100.00 (ONE HUNDRED POUNDS)

Fees to be received within 21 (TWENTY ONE) days in the form of a cheque or postal order made payable to MR ****************.

Yours faithfully,




MR **************


Any help greatly appreciated!
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southpaw82
post Mon, 22 Jan 2018 - 22:26
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QUOTE (parkingcompaniesFOAD @ Mon, 22 Jan 2018 - 22:22) *
Hi I posted a while back about a driver Receiving a Ticket for stopping on a Petrol Station Forecourt for 7 Minutes - £100 Fine.


Rule 1.

QUOTE
Here the letter I sent them, Names e.t.c removed for obvious reasons;

You issued one of my Drivers with a parking charge notice on 25/09/2017. In order for me to name the driver (which is not required of me as the keeper of the vehicle) I will require a £25.00 (TWENTY FIVE POUNDS) administration fee in the form of a cheque or postal order made payable to MR *******************.

In the event you should try to pursue me in this matter either as HX CAR PARK MANAGEMENT LTD, GLADSTONES SOLICITORS or any other names which your company goes by, any other third party debt collection companies instructed by yourselves without completing the above step, you agree to the terms of my fee schedule;

Written letter by Me - £75.00 (SEVENTY FIVE POUNDS)
Email by Me- £50.00 (FIFTY POUNDS)
Telephone call received by Me Per ten minutes - £25.00 (TWENTY FIVE POUNDS)
Telephone call made by Me Per ten minutes - £50 (Fifty Pounds)
Court appearance by Me (Per hour) - £100.00 (ONE HUNDRED POUNDS)

Fees to be received within 21 (TWENTY ONE) days in the form of a cheque or postal order made payable to MR ****************.

Yours faithfully,




MR **************


Any help greatly appreciated!

What made you think that was a good idea?


--------------------


Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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parkingcompanies...
post Mon, 22 Jan 2018 - 22:28
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Which part, or all of it?
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southpaw82
post Mon, 22 Jan 2018 - 22:30
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Pretty much all of it.


--------------------


Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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parkingcompanies...
post Mon, 22 Jan 2018 - 22:34
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laughing6.gif

Hmmmm.
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ostell
post Mon, 22 Jan 2018 - 22:48
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So have you now acknowledged the claim online using the details on the form to give you 33 days from date of ISSUE to get your defence to the court?
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parkingcompanies...
post Mon, 22 Jan 2018 - 23:06
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No, I was under the impression I needed to submit a defence at the same time. So I’ll acknowledge the claim now!
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emanresu
post Tue, 23 Jan 2018 - 06:52
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Yellow lines suggests there was no offer of parking there. See "forbidding contracts" or PCM v Bull and others.


This post has been edited by emanresu: Tue, 23 Jan 2018 - 06:53


--------------------
Where there is a claim - there is a counterclaim.
Are Parking companies misusing your personal data or interfering with your lease? Counterclaims are only £25. Makes them sit up and take notice. For leaseholds, join in the Managing agents too. Since the purpose of these claims is to frighten you, give them something to be frightened of.
Subject Access Requests to the DVLA?Find out who accessed your data and when. Try SubjectAccess.Requests@dvla.gsi.gov.uk. [Apologies if it does not work]
Double Dip / ANPR FaultsThe BPA Report on ANPR Double Dips is here. Ideal case for a counterclaim (see above).
Daily Court List. See who is doing what and where here
Printing and posting Witness Statements. Easy and cheap way DoxDirect
What is court like. A District Judge's view
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