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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 Thu, 28 Mar 2019 - 00:34
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Hello folks,

Sorry for the long silence - no further developments so far.

However, I'm grateful for all the advice, so I thought I'd just give a quick update.

I wrote to Gladstones and NPE at the end of January, asking for everything on which they intended to rely in court. NPE responded, but Gladstones haven't yet. I'm still half expecting a buff envelope full of court papers to land on the doormat one morning, and I'm still ready to go to court. NPE's reply included several pictures of me going about my job with my hands full and in uniform. If Gladstones want to go to court with that, then I'm their man...

Thanks again for all the help.
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ford poplar
post Thu, 28 Mar 2019 - 03:28
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What was the original alledged Contravention?
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Umkomaas
post Thu, 28 Mar 2019 - 22:20
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QUOTE (HSmp @ Thu, 28 Mar 2019 - 00:34) *
Hello folks,

Sorry for the long silence - no further developments so far.

And there’s me thinking a court date was imminent back at the start of January.

...... (ish). wacko.gif
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HSmp
post Sun, 7 Apr 2019 - 01:28
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QUOTE
And there’s me thinking a court date was imminent back at the start of January.

...... (ish).


Me too. And the original 'offence' was now over a year ago (9/3/18). I can't believe how patient these PPCs are. One might almost think they're not very confident of their chances in court, if one were of a sceptical turn of mind...

It still won't surprise me if they go for it. But at least they'll have had to work for it, and the time they've spent won't be worth the profit they make - if any.
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