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Is this PCN legitimate?
Zazaa
post Tue, 4 Sep 2018 - 11:57
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Brother has been parking here regularly for quite some time. Wanted to confirm if this is legitimate and if it is to be paid or not.

Had a look at their picture that is available to view online, but it's very unclear, so cannot read the notice. Brother said there were no road markings or yellow lines there.





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post Tue, 4 Sep 2018 - 11:57
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Jlc
post Tue, 4 Sep 2018 - 12:06
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UKCPM are quite litigious (here).

A court claim is quite likely. It's 'legitimate' but that doesn't necessarily mean it should be paid.

It's private land so there's no rules other than the signs - the breach is not parking within a bay one presumes. (Yellow lines have no meaning on private land per se)

There may be an angle on poor signage.


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RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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nosferatu1001
post Tue, 4 Sep 2018 - 12:07
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Given we have no idea what this place is, we cannot help you at all
Pctures, google street view, SOMETHING of use
As you will have seen, when you searched this site, CPM do do court, so be careful what you post here.
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SchoolRunMum
post Tue, 4 Sep 2018 - 22:30
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QUOTE
Wanted to confirm if this is legitimate and if it is to be paid or not.
It is the opposite of legitimate, and is NOT to be paid.

But do not ignore a court claim from Gladstones later - that is where these are won, and people who ignore a court claim get a CCJ.
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Zazaa
post Wed, 5 Sep 2018 - 09:55
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I don't understand.

How is it genuine yet they can win a CCJ?

Is it because they wrongfully issue PCN's?

If so, does one appeal the pcn with CpM??
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ManxRed
post Wed, 5 Sep 2018 - 10:25
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In order to understand, you need to forget about parking tickets.

This is a civil dispute that the driver has breached a contract. The contract was supposedly formed when they parked at the location and accepted the terms and conditions displayed on the sign. The company then look up the registered keeper's details and pursue them for a breach of that contract.

All perfectly legitimate as a process, but whether they actually have a case or not is a completely different matter. That's one of the reasons why this forum is here.

If you ignore the claim, and do not respond by either settling it, or defending it, you will get a CCJ. Harsh, but that's what happens when these parasite companies use legitimate legal process to hound people for money.

What we need to establish is whether their case has any legs. Most don't, in fact practically all of them don't. Hence why we need all the information, so we can advise on how to appeal it, how to respond to any Letter Before Claim, and how to defend any civil claim they raise.


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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nosferatu1001
post Wed, 5 Sep 2018 - 11:19
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If someone sues you, and you dont submit a defence, then you lose. automatically. The merits of their claim has NOTHING to do with it
If you then FAIL to pay the Judgement against you, then a CCJ wil be on your record for 6 years.

You need to get out of your thread and read around. Confirm you have done this.
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Zazaa
post Wed, 5 Sep 2018 - 15:04
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Ah right.

Ok, so just need to revisit the "scene of the crime" to see what the signage says I suppose. Will ask my brother to do that, because I couldn't work it out on Google map.
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nosferatu1001
post Wed, 5 Sep 2018 - 15:32
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That certainly helps. Always have your own evidence to work from. Dont trust they will submit anything real - PPCs have lied and committed fraud before.
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Zazaa
post Fri, 7 Sep 2018 - 08:56
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Ok,

So details of the notice is as follows:






This post has been edited by Zazaa: Fri, 7 Sep 2018 - 14:42
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nosferatu1001
post Fri, 7 Sep 2018 - 09:36
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Take down the permit!
It idnetified, 100%, the vehicle. Obviously.

Where was teh vehicle supposedly parked?
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The Rookie
post Fri, 7 Sep 2018 - 10:36
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Interesting sign, not only forbidding but everyone permitted to park there still has to pay £100.

Wholly incapable of forming a contractual agreement.


--------------------
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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ostell
post Fri, 7 Sep 2018 - 10:38
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QUOTE (nosferatu1001 @ Fri, 7 Sep 2018 - 10:36) *
Take down the permit!
It idnetified, 100%, the vehicle. Obviously.

Where was teh vehicle supposedly parked?


And you!!!
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nosferatu1001
post Fri, 7 Sep 2018 - 11:01
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Huh? I havent quoted anything or said anything to identify the vehicle.
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ManxRed
post Fri, 7 Sep 2018 - 11:23
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Sign states that unauthorised parking MAY result in a PCN being issued. So, will it, or won't it? Not a great contractual term which, as it is vague, should be interpreted in the motorist's favour. In other words a PCN won't be issued.


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Eljayjay
post Fri, 7 Sep 2018 - 14:23
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Is this a residential parking case?

Is the driver or keeper leaseholder or tenant at the development where this car park is situated?
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Zazaa
post Fri, 7 Sep 2018 - 14:43
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QUOTE (nosferatu1001 @ Fri, 7 Sep 2018 - 12:01) *
Huh? I havent quoted anything or said anything to identify the vehicle.



I think the person meant that the permit identified the vehicle and me/my brother.

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ostell
post Fri, 7 Sep 2018 - 16:16
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Reflection in the windscreen was a good likeness
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Zazaa
post Mon, 10 Sep 2018 - 09:27
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Hello Everyone,


So, I'm still not sure what I'm meant to do?


He says the post code is RM20 4BL-apparently he's been parking there for 5 months with his permit, and surprised it was issued at 3am.

QUOTE (Eljayjay @ Fri, 7 Sep 2018 - 15:23) *
Is this a residential parking case?

Is the driver or keeper leaseholder or tenant at the development where this car park is situated?



yes, residential. My brother is a lodger at the place.
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peterguk
post Mon, 10 Sep 2018 - 09:34
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QUOTE (Zazaa @ Mon, 10 Sep 2018 - 10:27) *
Hello Everyone,


So, I'm still not sure what I'm meant to do?


He says the post code is RM20 4BL-apparently he's been parking there for 5 months with his permit, and surprised it was issued at 3am.

QUOTE (Eljayjay @ Fri, 7 Sep 2018 - 15:23) *
Is this a residential parking case?

Is the driver or keeper leaseholder or tenant at the development where this car park is situated?



yes, residential. My brother is a lodger at the place.

A "lodger"... Does your brother have a lease or a rental agreement?


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