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Parking Control Management PCM, driver stopped for 1 min on private road, E11 Leytonstone
WapChimney
post Wed, 24 May 2017 - 23:24
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I am the registered keeper of a vehicle that was photographed stopped on a private section of Joseph Ray Road, Leytonstone, E11. I have received a Parking Charge from Parking Control Management (UK) Ltd (PCM).

I believe the vehicle was stopped for no more than 60 seconds, before it was then driven away. The photograph was taken during this 1 minute by a man lurking at one end of the road, dressed in casual clothing.

Attached is the letter I received.

Any advice on best course of action would be appreciated. Thanks. smile.gif

This post has been edited by WapChimney: Fri, 26 May 2017 - 23:25
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post Wed, 24 May 2017 - 23:24
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WapChimney
post Fri, 9 Jun 2017 - 00:32
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QUOTE (emanresu @ Tue, 6 Jun 2017 - 06:21) *
More today so pop along


Saw this too late to attend. :-/

Have there been any reports of how it went?
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WapChimney
post Tue, 20 Jun 2017 - 21:18
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PCM have sent a reply to my letter (attached), claiming that a contract is formed as soon as a car is parked on their land.

I'm not sure what to do??

Here's a link to my original letter for context: http://forums.pepipoo.com/index.php?s=&...t&p=1289778

This post has been edited by WapChimney: Tue, 20 Jun 2017 - 21:23
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Gan
post Tue, 20 Jun 2017 - 23:25
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You do nothing whatsoever unless/until you receive a Letter Before Claim

You must never appeal to the IAS :

1 You have to admit that you were driving
2 You have no chance of success - the IAS guarantees parking companies that it will reject at least 85% of appeals
3 All you will achieve is hand PCM an "independent" decision to wave in court if they do take legal action

You've acted reasonably by challenging the parking notice at the first opportunity
You have no obligation to jump through any more hoops
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emanresu
post Wed, 21 Jun 2017 - 04:59
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QUOTE
claiming that a contract is formed as soon as a car is parked on their land.


Gross misrepresentation again. PCM have used this lie a great number of times at court and lost.

The issue is that the driver has to know the "offer", agree to it, and park (not stop). You can't do the first two in 60 seconds which is what they are alleging - and judges have told them this so many times.

But once a scammer - always a scammer.


--------------------
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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nosferatu1001
post Wed, 21 Jun 2017 - 12:47
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Also they claim that there is no offer of a contract - parking is NOT permitted - and then claim one is formed.
Another contradiciton.
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WapChimney
post Wed, 21 Jun 2017 - 23:25
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QUOTE (Gan @ Wed, 21 Jun 2017 - 00:25) *
You do nothing whatsoever unless/until you receive a Letter Before Claim


Thanks guys.

Do PCM ever let it drop, or am I almost certain to get a Letter Before Claim?

I will of course fight it, but it seems such a monumental waste of everybody's time, not least the court system.

Why haven't the courts stopped PCM from proceeding with these spurious cases, once they've lost several times?
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Gan
post Thu, 22 Jun 2017 - 00:02
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Why haven't the courts stopped PCM from proceeding with these spurious cases, once they've lost several times?

Only about 5% of claims get as far as a hearing

Most of the others result in default judgements because the defendant doesn't reply, or the victim caves in

All the courts will see is an overall success rate of more than 80%
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masif1
post Fri, 11 Aug 2017 - 16:34
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WapChimney, have you had any further correspondence from these scum?

I got a similar PCN on the 5th Aug 2017. On the same section of the road just parked on the other side.

I am planning on appealing but would like to know if you've had any further correspondence from PCM since their last letter on the 20th June.
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Umkomaas
post Fri, 11 Aug 2017 - 20:46
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QUOTE (masif1 @ Fri, 11 Aug 2017 - 17:34) *
WapChimney, have you had any further correspondence from these scum?

I got a similar PCN on the 5th Aug 2017. On the same section of the road just parked on the other side.

I am planning on appealing but would like to know if you've had any further correspondence from PCM since their last letter on the 20th June.

Last Seen: Monday, 26th June 2017 - 11:13

Not been back since then. Try sending him a PM, hopefully he will get an email from the forum?
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WapChimney
post Wed, 6 Sep 2017 - 08:31
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QUOTE (masif1 @ Fri, 11 Aug 2017 - 17:34) *
WapChimney, have you had any further correspondence from these scum?

I got a similar PCN on the 5th Aug 2017. On the same section of the road just parked on the other side.

I am planning on appealing but would like to know if you've had any further correspondence from PCM since their last letter on the 20th June.

Since my last post I have had a Trace debt recovery letter, arrived around 2 weeks ago. But have just shelved it with the previous correspondence, as advised here.

Who were you appealing to? If you read back through my thread the advice was not to appeal to the IAS, just send an initial response to PCM asking to cancel the ticket.
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WapChimney
post Sun, 1 Oct 2017 - 22:51
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QUOTE (Gan @ Wed, 21 Jun 2017 - 00:25) *
You do nothing whatsoever unless/until you receive a Letter Before Claim.


I have now received a Letter Before Claim from Gladstones Solicitors.

Shall I post it here or are they all the same?

What should be my next course of action?
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emanresu
post Mon, 2 Oct 2017 - 05:30
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QUOTE
What should be my next course of action?


Request further and better particulars and specifically ask if they knew this was byelaws land and as such not "relevant" land. Add that you wish them to clarify their standing in the matter based on what authorisation.


--------------------
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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nosferatu1001
post Mon, 2 Oct 2017 - 08:29
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Is it actually GS? Sure it isnt DRP pretending to be Gladstones?

Does this lettter before claim comply with the NEW CPR sand PD that came into force yesterday? they MUST include a whole load more information now!
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WapChimney
post Mon, 2 Oct 2017 - 15:32
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QUOTE (nosferatu1001 @ Mon, 2 Oct 2017 - 09:29) *
Is it actually GS? Sure it isnt DRP pretending to be Gladstones?

Does this lettter before claim comply with the NEW CPR sand PD that came into force yesterday? they MUST include a whole load more information now!

It does seem to be from Gladstones, in as much as it has their address on both the letter and the outer of the envelope, and no other party's.

Here's a scan - does it have all of the newly required information, it seems quite scant although I've never seen one previously for comparison?

The letter came last week - so would it need to comply with new rules that came into force after it was sent?

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emanresu
post Mon, 2 Oct 2017 - 15:46
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QUOTE
The letter came last week - so would it need to comply with new rules that came into force after it was sent?


No but ask them to comply anyway as a refusal will be taken into account by the court


--------------------
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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Jlc
post Mon, 2 Oct 2017 - 15:54
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QUOTE (emanresu @ Mon, 2 Oct 2017 - 16:46) *
QUOTE
The letter came last week - so would it need to comply with new rules that came into force after it was sent?


No but ask them to comply anyway as a refusal will be taken into account by the court

Indeed, some info here.


--------------------
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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emanresu
post Mon, 2 Oct 2017 - 15:59
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QUOTE
Indeed, some info here.


Nice spot. So we can expect all the ParkingEye ones to match this.

Is there a prize for the first PLC/ParkingEye LBC under the new rules?


--------------------
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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WapChimney
post Mon, 2 Oct 2017 - 17:28
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QUOTE (emanresu @ Mon, 2 Oct 2017 - 16:46) *
QUOTE
The letter came last week - so would it need to comply with new rules that came into force after it was sent?


No but ask them to comply anyway as a refusal will be taken into account by the court

OK, so should I only respond to point out that new rules are in place for debt recovery and to please supply me with the new information required by law?

Or shall I do that and add in emanresu's questions? (below)

QUOTE (emanresu @ Mon, 2 Oct 2017 - 06:30) *
Request further and better particulars and specifically ask if they knew this was byelaws land and as such not "relevant" land. Add that you wish them to clarify their standing in the matter based on what authorisation.

(I don't actually understand what these questions are or how they fit into the context of my experience? How do I word these questions in relation to my case?)

Their letter also says I haven't given a valid reason for non-payment, whereas I actually gave PCM Ltd several valid reasons for non payment - should I re-iterate these reasons?

What about their paragraph saying I should give an account of what happened, and name the driver? Should I do either of these?

Sorry I need a bit of hand holding, I've never fought one of these before. :-/
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nosferatu1001
post Mon, 2 Oct 2017 - 20:34
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Not new rules for debt recovery
New rules covering court action. Entirely different.

You ask them for a properly formatted letter before claim that meets all the requirements of the current pre action protocol.

Their letters are templates. Ignore what they’ve said as it’s nothing to do with your case.
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WapChimney
post Tue, 10 Oct 2017 - 11:15
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OK, so gonna post a reply off today. Do I need to just put:

Dear....

Thank you for your Letter Before Claim, however it does not meet the requirements of the new Pre-Action Protocol for Debt Claims.

Please could you send me a properly formatted Letter Before Claim that meets this protocol, along with all the prescribed information to which I am entitled, so that we may make an attempt to settle this claim without recourse to the Court.

Yours....


Any thoughts?
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