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Imminent(ish) court date.., Yet another working driver persecuted for doing his job
HSmp
post Fri, 4 Jan 2019 - 21:17
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Hello folks,

This may be slightly different from most posts, because I don't really care about the charge. This is about the principle. Private parking companies are having a laugh at the expense of the rest of us, including taxi drivers picking people up in hospital car parks.

I work for a large company, which I hesitate to name in case that in itself gets me into trouble at work. We deliver and collect things.

Some months ago I visited a shop to do a collection. Company policy is to park as close to the collection point as possible, for security reasons and because there might be a heavy load to carry to the van. I used one of two bays marked as both 'mother and child' and 'disabled' (surely it can't be both, and it looks hand-painted rather than official).

I was there for seven minutes, according to NPE, who sent me a grainy picture of me next to the vehicle and a demand for £100 (no discount offered to me, although it had been to my employer, the registered keeper).

In short, I ignored their first couple of letters and their 'appeals procedure' on the grounds that they are merely a private company with the same recourse to the law as anyone else, and their 'appeals procedure' is of supreme indifference to me. Especially since most ‘appeals’ seem to fail.

After further silly, quasi-legal looking letters from their 'debt-collectors', I refuted their claim on the basis that I was not parking, I was loading. I told their debt collectors they were irrelevant, having clearly not bought the alleged debt, and I informed NPE that the only way they would ever receive a penny from me was if they instigated legal proceedings - and won.

Exit the debt-collectors, and enter (predictably) Gladstones. They (predictably) asked me not to reply to them, but to NPE. I, naturally, replied to Gladstones, telling them NPE had had my response.

I have now received another letter from Gladstones saying that they have been instructed to commence legal proceedings unless I pay or reply within 30 days. I therefore assume this is finally going to court. That does not phase me. I have taken people to the small claims court myself, and won every time. I always turn up and argue my case. The other side usually fails to show. And loses.

My questions are,
Is the maximum amount of any claim limited to the original 'charge' (£100)? I believe so..
Does the small claims court have the power to award costs? I believe not...
Do the facts that the claimant left no pcn on the van, and offered me no discount for prompt payment help my case?
Can Gladstones/NPE produce in court a picture of me taken without my consent, or does that violate my rights under the General Data Protection Regulations?

If my liabilty is limited to £100 (or even the £160 I am being asked to pay), then I will be no worse off than I would be if I caved in, and anyway money is not the issue. I would dearly like to create some case law for working drivers all over the UK and back these vultures off..

I would appreciate any views. Thanks.
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post Fri, 4 Jan 2019 - 21:17
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HSmp
post Fri, 11 Jan 2019 - 23:54
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QUOTE (Jlc @ Fri, 11 Jan 2019 - 07:25) *
Even if you did lose and paid within 30 days you wouldn’t have an unsatisfied CCJ anyway...


Thanks Jic.

I'm starting to enjoy this now. I've just replied to Gallstones requesting paper copies of the information sheet and reply form. I expect they'd prefer me to do it online and save them time, effort and postage, but I'm not inclined to make life easy for them.

Also, can anyone tell me exactly what I can demand from them in terms of evidence/documentation before this goes to court?

Thanks in advance...
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Redivi
post Sat, 12 Jan 2019 - 07:23
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The safe approach is to take enough cash on the day and ask the NPE solicitor for a receipt

You take the receipt to the court office and the CCJ is never recorded

You demand all the evidence and documents that NPE intends to rely on

You also want its contract with the management agent :

This must meet the criteria of the IPC Code of Practice Section B 1.1
You also require evidence that NPE's appointment was approved by at least 75% of the residents and the company's instructions regarding tradesmen when parking spaces are not available

This will, at the very least cause inconvenience for Gladstones and wipe out its profit on the case

Its business model is a roboclaims process that only charges clients about £25, not the £50 on the claim form
In the absence of the above response, it only ever sees any client documents if it's informed by the court that a claim has been defended
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HSmp
post Sat, 12 Jan 2019 - 22:24
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Thank you Redivi.

My case differs from Jopson in that I was ticketed in a Co-op car park, not a residential parking area. Nevertheless, I was working/loading not parking, so Jopson seems relevant.

Do I still ask for a copy of the contract between the Co-op and NPE?

I had assumed that Gladstones hadn't seen any documentation yet - I can't imagine they'd start legal proceedings if they knew the facts. Can't help wondering what the SRA would make of their business model...

By the way, does it have to be cash? wouldn't a cheque do?

This post has been edited by HSmp: Sat, 12 Jan 2019 - 22:25
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ostell
post Sat, 12 Jan 2019 - 23:47
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Cheques can bounce (I wouldn't/haven't give a receipt for a cheque) and may be refused. That's why it's safer to take cash.

Yes you ask for the contract to show they have the right to charge.

This post has been edited by ostell: Sat, 12 Jan 2019 - 23:49
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nosferatu1001
post Mon, 14 Jan 2019 - 08:42
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A cheque is not cleared funds, so the debt is not settled on the day.
Just take cash if you want smile.gif

Send a SAR to NPE if you havent done so already

This CANNOT ask for e.g. copies of signs as they are not data relating to you
BUT
It will flush out ALL photos etc.
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HSmp
post Wed, 16 Jan 2019 - 20:01
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Thanks folks.

SAR? I can't find out what this is. I've written to Gladstones requesting paper copies of the information sheet and reply form. I thought the reply form would be where I request all documentation..
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nosferatu1001
post Wed, 16 Jan 2019 - 20:02
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Subject access request
Send it to the ppc.
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