Is this PCN legitimate? |
Helping the motorist get justice 
Helping the motorist get justice
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Is this PCN legitimate? |
 Tue, 4 Sep 2018 - 11:57
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#1
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Member Group: Members Posts: 126 Joined: 13 Feb 2013 Member No.: 59,939  |
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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Tue, 4 Sep 2018 - 11:57
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Tue, 4 Sep 2018 - 12:06
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#2
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 Member Group: Members Posts: 41,581 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
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. -------------------- 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, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Tue, 4 Sep 2018 - 12:07
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#3
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
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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Tue, 4 Sep 2018 - 22:30
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#4
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
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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Wed, 5 Sep 2018 - 09:55
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#5
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Member Group: Members Posts: 126 Joined: 13 Feb 2013 Member No.: 59,939 |
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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Wed, 5 Sep 2018 - 10:25
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#6
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Member Group: Members Posts: 9,985 Joined: 20 Aug 2008 Member No.: 21,992 |
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. -------------------- Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Wed, 5 Sep 2018 - 11:19
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#7
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
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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Wed, 5 Sep 2018 - 15:04
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#8
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Member Group: Members Posts: 126 Joined: 13 Feb 2013 Member No.: 59,939 |
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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Wed, 5 Sep 2018 - 15:32
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#9
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
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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Fri, 7 Sep 2018 - 08:56
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#10
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Member Group: Members Posts: 126 Joined: 13 Feb 2013 Member No.: 59,939 |
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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Fri, 7 Sep 2018 - 09:36
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#11
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Take down the permit!
It idnetified, 100%, the vehicle. Obviously. Where was teh vehicle supposedly parked? |
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Fri, 7 Sep 2018 - 10:36
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#12
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 Member Group: Members Posts: 56,261 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
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 10-0 PPC's |
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Fri, 7 Sep 2018 - 10:38
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#13
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
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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Fri, 7 Sep 2018 - 11:01
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#14
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Huh? I havent quoted anything or said anything to identify the vehicle.
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Fri, 7 Sep 2018 - 11:23
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#15
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Member Group: Members Posts: 9,985 Joined: 20 Aug 2008 Member No.: 21,992 |
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.
-------------------- Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Fri, 7 Sep 2018 - 14:23
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#16
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Member Group: Members Posts: 901 Joined: 1 Apr 2017 Member No.: 91,235 |
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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Fri, 7 Sep 2018 - 14:43
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#17
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Member Group: Members Posts: 126 Joined: 13 Feb 2013 Member No.: 59,939 |
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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Fri, 7 Sep 2018 - 16:16
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#18
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Reflection in the windscreen was a good likeness
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Mon, 10 Sep 2018 - 09:27
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#19
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Member Group: Members Posts: 126 Joined: 13 Feb 2013 Member No.: 59,939 |
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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Mon, 10 Sep 2018 - 09:34
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#20
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
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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