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Appealing a UK cpm ticket on land they don't manage.
ben1191
post Sun, 28 May 2017 - 09:29
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Hi,I've had trouble from these idiots for a while now where I live,I tried to find my old topic but couldn't.

I own a non sign written long wheel base Mercedes sprinter that I use for work,holidays and social use,even shopping.I park it on the t junction where I have been told via email by the agency countrywide that the council owns and manages. UK cpm have errected signs roughly 3m in the air on lampposts all across the estate and t junction as well as at the entrance to the road. Last Sunday I received a ticket over night at 04:01 AM,I want to appeal this ticket the best way I Can,I can only appeal via post so it needs to be handwritten,can anybody help me with how to word my appeal please.

Here is the email I received from the landowner/management;

We do not own any land, however we are responsible for the running of the estate which does not include the T shaped part of the road, which is Council adopted. There is no parking enforcement on this part of the estate as it does not form part of the development. The signs erected are a warning to people wishing to park within the maintained estate.

The agreement that you have with your letting agent does not transcend the law. You are actually placing the owner of the property in breach of their terms and conditions, however it is their responsibility to ensure that the letting agents form your tenancy agreement based on their Deeds, which they haven’t so therefore it would appear that your tenancy agreement is voided in parts, again I would contact them about this, there could be other parts of your tenancy agreement that are also void so it is in your interest as a tenant to review this, for your rights.



Your comment regarding being ticketed in the homeowner’s parking space is also incorrect. We would not take the homeowner to court regarding a parking ticket, however we would have grounds to take them to court if they continue to allow a tenant to park commercial vehicles on the development.

Thanks for any help in advance.

Edit: the road is Mercer close larkfield so you can Google street view it for a better idea.

This post has been edited by ben1191: Sun, 28 May 2017 - 09:31
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post Sun, 28 May 2017 - 09:29
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Waspeze
post Wed, 29 Nov 2017 - 15:21
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Well done Owlgirl!

As a lurker on these boards it's always good to see a case/thread seen through to completion, especially with a favourable result!


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OwlGirl
post Wed, 29 Nov 2017 - 17:48
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QUOTE (nosferatu1001 @ Wed, 29 Nov 2017 - 13:22) *
Even more welld one!
A real shame on the coutnerclaim - did you have a chance to point them at ? A little late but was a thought
Congrats on this. That email was the killer it was expected!



I know sad.gif was disappointing, yes he was looking at it & referenced Vidal-Hall vs Google as to why he wasn't going to honour my counterclaim, again, the matter of the "seriousness" and that he couldn't define what "damage" meant.

Thank you though, a win's a win!
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OwlGirl
post Wed, 29 Nov 2017 - 18:58
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QUOTE (Waspeze @ Wed, 29 Nov 2017 - 15:21) *
Well done Owlgirl!

As a lurker on these boards it's always good to see a case/thread seen through to completion, especially with a favourable result!



Thank you smile.gif

QUOTE (cabbyman @ Wed, 29 Nov 2017 - 13:30) *
Brilliant!!!!! Many, many congratulations on a job well done. That account made the popcorn taste even sweeter!!!! biggrin.gif

Please post on completed cases with a link back to this thread. smile.gif



Thank you! Finally having that drink now!
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SchoolRunMum
post Wed, 29 Nov 2017 - 19:06
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Well done OwlGirl, knew you could do it (of course, they had no case!). A pity about the counter-claim, especially as he agreed that a DPA breach had occurred and just stumbled on finding damages in your favour.

IMHO surely even a Judge who does this every day can see the (very obvious) significant distress suffered by any ordinary person, send harassing demands for money, then dragged to court for no reason, and forced to spend hours defending themselves and worrying about losing the whole vexatious and baseless case. The DPA breach led to the whole chain of events, and they were not entitled to your data at all.

Anyway well done, another win for the forums!
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OwlGirl
post Wed, 29 Nov 2017 - 21:05
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QUOTE (SchoolRunMum @ Wed, 29 Nov 2017 - 19:06) *
Well done OwlGirl, knew you could do it (of course, they had no case!). A pity about the counter-claim, especially as he agreed that a DPA breach had occurred and just stumbled on finding damages in your favour.

IMHO surely even a Judge who does this every day can see the (very obvious) significant distress suffered by any ordinary person, send harassing demands for money, then dragged to court for no reason, and forced to spend hours defending themselves and worrying about losing the whole vexatious and baseless case. The DPA breach led to the whole chain of events, and they were not entitled to your data at all.

Anyway well done, another win for the forums!



Thank you for everything SchoolRunMum x
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bama
post Wed, 29 Nov 2017 - 23:48
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well done OwlGirl.
kudos.

stick around (please)


--------------------
Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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ben1191
post Fri, 12 Jan 2018 - 17:32
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I am still recieving letters from drp about my ticket on the t junction at mercer close,no court letter as of yet.

Im also self employed like owlgirl,but if i dont get to a job by 8am theres no point in me getting up in the morning,i earn around 4 to 500 a day profit,if im to turn up at court and recieve no damages,i may aswell have paid the ticket and gone to work that day rather than sit in court.

Owlgirl can you pm me the photo scott mculloch sent you,he never answeres my.emails or phone calls.

Thanks

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emanresu
post Fri, 12 Jan 2018 - 17:55
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QUOTE
i may aswell have paid the ticket and gone to work that day rather than sit in court.


Or you could do the whole thing by paper hearing - earn £500 and save £200 - and our undying admiration for having a set.


--------------------
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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ben1191
post Thu, 18 Jan 2018 - 11:14
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Got a call from drp todat saying theyre sending the ticket to their solicitor for court proceedings,surely they know theyve already lost once on that road and they cant win... sick of the sh** driving me mad.
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Jlc
post Thu, 18 Jan 2018 - 11:17
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Ooh, that's scary - perhaps you should pay it? laugh.gif

They only get paid if you pay it - so they will say all sorts of things and know nothing around the particular case, nor care. I always like their 'Our findings' letter.


--------------------
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 Thu, 18 Jan 2018 - 11:26
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If youre sick of it, send sacease and deisst to the PRINCIPAL - not drp - and tell them to stop harassing you. the actions of their agent in pursuing a purported debt that a court has ruled does not exist, easily meets the definition of harassment for which you are entitled to damages starting at £750

They have SEVEN days to confirm they have ORDERED their agent to cease harassing you, else you will file a claim against them and their agent in the amount of....

Draft something.
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ben1191
post Thu, 18 Jan 2018 - 11:39
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QUOTE (nosferatu1001 @ Thu, 18 Jan 2018 - 11:26) *
If youre sick of it, send sacease and deisst to the PRINCIPAL - not drp - and tell them to stop harassing you. the actions of their agent in pursuing a purported debt that a court has ruled does not exist, easily meets the definition of harassment for which you are entitled to damages starting at £750

They have SEVEN days to confirm they have ORDERED their agent to cease harassing you, else you will file a claim against them and their agent in the amount of....

Draft something.


Could you explain in laymans terms,sacease and deisst? Sorry 😅
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nosferatu1001
post Thu, 18 Jan 2018 - 11:52
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Sorry, fat fingers

Cease and Desist.
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ben1191
post Thu, 18 Jan 2018 - 12:45
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I imagine the principal will be ukcpm? Ive struggled to find a way to contact them.
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cabbyman
post Thu, 18 Jan 2018 - 13:00
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https://www.uk-carparkmanagement.co.uk/contact-us

This post has been edited by cabbyman: Thu, 18 Jan 2018 - 13:01


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ben1191
post Fri, 2 Feb 2018 - 17:21
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Yet another letter today this time from gladstones solicitors.

"We have been instructed by ukcpm in relation to the above debt.

It is our clients case that you are liable for these charges and would like to draw your attention to the options that our client has in order to recover these from you.

The supreme court case of beavis vs parkingeye recently confirmed the lawfulness of charges based in contract and their recoverability in civil law.

Our client now has the option to commence proceedings in the appropriate civil court.

They would like to provide me with the opportunity to contact their agent drp and make a full payment of £160..

More scare mongering? Been 9 months now,they must have spent more on royal mail postage 😂

I rang gladstones before for my dad and some chav answered it with 0 phone etiquette,hardly a professional bunch.
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Redivi
post Fri, 2 Feb 2018 - 18:11
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The instruction to contact DRP is a strong indication that it's one of the fake Gladstones letters that DRP sends on Gladstones notepaper

Check the reference number

If it's the same as the DRP reference, it confirms it
If it's in the format 1******.***, it's a genuine Gladstones letter

Either way, you can send a copy as a complaint of harassment to the Solicitors Regulatory Authority

Gladstones will have to either admit that they've threatened proceedings for a case that their client has already lost OR that they're allowing a debt collector to use their letterhead

I wouldn't warn Gladstones by sending them a copy of the letter and asking if it's genuine
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ben1191
post Sun, 4 Feb 2018 - 19:39
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QUOTE (Redivi @ Fri, 2 Feb 2018 - 18:11) *
The instruction to contact DRP is a strong indication that it's one of the fake Gladstones letters that DRP sends on Gladstones notepaper

Check the reference number

If it's the same as the DRP reference, it confirms it
If it's in the format 1******.***, it's a genuine Gladstones letter

Either way, you can send a copy as a complaint of harassment to the Solicitors Regulatory Authority

Gladstones will have to either admit that they've threatened proceedings for a case that their client has already lost OR that they're allowing a debt collector to use their letterhead

I wouldn't warn Gladstones by sending them a copy of the letter and asking if it's genuine


Yeah its the same ref as the drp letter
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thevaliant
post Mon, 5 Feb 2018 - 12:38
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QUOTE (Redivi @ Fri, 2 Feb 2018 - 18:11) *
Gladstones will have to either admit that they've threatened proceedings for a case that their client has already lost OR that they're allowing a debt collector to use their letterhead


I suspect all they will really do is claim that DRP have somehow managed to obtain one of their letters and 'must've photoshopped it' to pretend they come from Gladstones. 'This the first we've heard of this, and we will be writing in the strongest terms to DRP'. And the SRA will accept this, because they're not really interested either.
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cabbyman
post Mon, 5 Feb 2018 - 14:51
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There are many, many threads on here where the same letter has been received and Gladstones have been asked to confirm it is from them. With a bit of contact of other posters, it would be possible to prove that they know it's happening.


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